Montrose - Daily Press

MONTROSE — The Colorado Division of Wildlife is beginning internal review of legislation designed to protect trophy game animals.

The Samson Act of 1998 — named for a bull elk killed in Rocky Mountain National Park — imposes stiff penalties for the illegal taking of elk or deer considered to be trophy animals. Hunters found in violation of the Samson Act must pay a $10,000 fine, no ifs, ands or buts, DOW Area Wildlife Manager Renzo DelPiccolo said.

But the way the legislation defines what is and is not a trophy animal can be confusing. Under the act, any six-point bull is considered trophy class, while for deer, the inside spread of antlers, measured from the main beam, must be at least 22 inches.

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“There have been some complaints,” DOW spokesman Joe Lewandowski said. “Some say there are a lot of different ways to measure antlers. To make sure this was consistent for everyone, the DOW uses the method prescribed by the Boone and Crockett Club. We use the Boone and Crockett Club measurement because it is an internationally recognized organization.”

DelPiccolo said some game animals that fall under the Samson Act aren’t really trophy-quality animals. “There are a lot of cases when a young bull can have six points, but he’s not always a trophy-class bull. With deer, the width of the main beam is the determining factor. That means sometimes animals that shouldn’t be included are.”

But sometimes, game animals that are arguably trophy-quality don’t meet Samson definitions.

A Nov. 6 incident in the Nucla area is a case in point.

The DOW reported a buck with an impressive 33-inch rack was taken, allegedly on private property without the permission of the property owners. Despite the overall measurement of the rack, though, its Boone and Crockett measurement was 21.5 inches — meaning the hunters escaped the hefty Samson fine by a mere half-inch.

“The game warden just happened to be driving by and saw them about to gut the deer,” Lewandowski said. “He knew this was private property and he stopped them. You need permission to hunt on private land and you need a voucher from the landowner.”

Lewnadowski said the two men did not have permission and though they reportedly said they hadn’t known they’d strayed onto private property, Lewandowski contended it was clear they weren’t on public land.

The property owners, who operate an outfitting business, declined comment because the case is ongoing.

“People would look at that and say that looks like a trophy, but by the strict interpretation that (22 inches) is what it (the act) means,” Lewandowski said, adding that had the two men not allegedly been on private property without permission, the buck would’ve been theirs to keep.

“Unfortunately, there’s an obsession among some hunters for large racks,” he said.

Lewandowski said both men are facing more than $1,000 in fines for illegal possession of wildlife and hunting without permission.

If convicted, they could each have 35 points assessed against their hunting and fishing privileges in the state. It only takes 20 points for the state to pull hunting licenses for up to five years, so the men would have to argue against suspension at a hearing in Denver.

According to the Montrose Combined Courts, no file had been received on the two men as of Tuesday, so a local court date was not available.

There’s been enough confusion over the act to prompt the DOW to begin internal discussions. Any changes, however, would require legislative action and the DOW is not currently seeking that.

“I think the idea is to go back and look at how the measurement is made and talk to people around the state to make sure everyone is doing it consistently and to try to determine if we’re missing something, or if it should be evaluated,” Lewandowski said.

“It will be a long, slow process. It’s not going to happen overnight.”

DelPiccolo said the DOW would have to be cautious if it decided to seek any legislative adjustments. “Anytime you look at statutory changes, you risk getting things that you don’t want in there, or things pulled out. We’re in a pretty good position right now and it works for the most part.”

He said the Samson Act has been beneficial for the DOW.

“The surcharge has been wonderful. It really allowed us to target people that were poaching trophy animals. Unfortunately, it’s not perfect. The (Nucla) situation kind of exemplifies it. That’s a trophy buck, probably, but we needed a consistent and standard way of determining that, and it doesn’t fall within that consistent measurement.”

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