Re: Fish and game wardens and some problems

Posted by wisbaker on October 29, 2016 at 09:44:39 from (173.30.119.179):

In Reply to: Fish and game wardens and some problems posted by jocco on October 29, 2016 at 08:18:16:

Growing up in Michigan I was always told DNR officers carried what amounted to an open warrant, meaning if they had reasonable suspicion all they had to do was fill in the blanks and they were legal to search at will. Two things going on, our government is getting more and more powerful day after day and this is at the cost of our liberty. The second is some individuals and agencies use their power as a government official to promote their agenda, wants, beliefs and desires. So you can have a conversation warden who good be a PETA wack job trying to shut down or stop all hunting, you could have a conservation officer who is bent for revenge because of some slight (real or perceived) or some guy who was bullied as a child and is using his position to get even.

The bottom line is this is supposed to be a government by the people for the people but with many of our citizens it's become to much of a bother. The price of freedom vigilance. If you have an abusive game warden if enough people write their state representative and state senator complaining about them AND follow up at election time with nothing more than a challenge in the primaries, how ever weak it may be it could set the wheels of government in motion to deal with the situation.

In theory we could litigate against the abuse but that's costly especially when you're litigating against the government. Two tactics-find a retired lawyer who wouldn't mind harassing the government in court, this might do nothing more than push the problem somewhere else. The second tactic is to appeal and fight in other venues, for the example of the folks who got cited after they went hunting on a field that had crop residue- have the landowner appeal his property taxes stating diminished value because it's no longer lawful to farm AND hunt. Yes one landowner won't make a difference but if several thousand across the state file and appeal on the same basis and won it could force the state to clarify the law to prevent future abuse. Even if the law isn't changed if a county takes $25,000 or $30,000 in lost tax revenue on claims of diminished value it might become more difficult for the game warden to get a conviction from the locally elected judge. I would also imagine the officer who wrote the citation won't be particularly popular if his over exuberant enforcement forces his agency to endure scrutiny from the state legislature and results in a change in the law making the job more difficult for him. his co-workers and superiors.

I deal with a similar situation at work, I work at an egg farm (factory) with inline breaking operations. Translated into English we're an egg farm that sells all of our product in bulk liquid form, if you call us up we can send you 50,000 pounds (tanker truck full) of liquid egg, what do you want whole egg, egg whites, egg yolk? You want natural proportion, standardized proportion and regular or cage free? But as such our breaking plant is USDA inspected, the basis or standards we have to meet that they enforce is the "USDA Egg Products Manual". The problem is sections of the egg products manual are so vague if the inspector decides he doesn't want us to run cause he's rather curl up in their office and take a nap we don't run. Example the egg products manual requires us to denature any inedible product we ship out. The preferred method is by adding caramel coloring. I went to ship a load I added caramel coloring, had the tank about the color of cappuccino coffee, only problem is the inspector that day decided she wanted espresso color inedible. She wouldn't write a notice of violation but also wouldn't sign the bill of laden so I could ship it. If she wrote a violation we could appeal get her overturned (in theory) and get her disciplined, so she enforces by obstruction, in reality at that location we added our DAF float (a waste water product) to our inedible, it could be argued that with all that sludge and solids AND the change in color we had denatured the product, it obviously wasn't whole egg or any variation of the yellow products we offered.

The situation I have had to live with in the last six months, but is now over, was one of our USDA inspectors was a former employee of ours who had been terminated for drug use on the job. With him I had to deal with a lot of aggression against the company (for firing him) as well as attacks he would make on employees he felt had wronged him while he worked for us. So to really make you feel safe and secure about your food supply let it be known the USDA hires stoners for inspectors.

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