Hunter's sentence may send wrong signal

A Kalispell hunter says it was simply an honest mistake that led to a hefty $32,000 fine and the loss of his hunting and fishing privileges for 2 1/2 years. We tend to believe him, which makes the sentence rather extraordinary.

According to his account, the hunter was in Sanders County when he shot at a ram and the animal fell to where he couldn’t see it. When he peered back through his scope and saw what appeared to be the same ram, he shot it again. But after walking up the hill, he found three bighorn sheep lying on the ground.

The second bullet had apparently passed through a second ram and struck a ewe standing in the brush behind it, killing it with a shot to the throat. The hunter self-reported the incident with a game warden who corroborated the story, but he was still fined for taking the second ram and the ewe.

The judge handling the case said that although the hunter’s story appeared to be true and even though the hunter self-reported the incident, the law gives him no leeway on restitution for illegally harvesting animals.

We don’t blame the judge for following the law as written, but if an honest hunter is levied with the same steep fines as a poacher who illegally kills wildlife with intent, what’s the incentive to be forthright with information when something goes wrong out in the field?

Certainly, Montanans have the utmost respect for hunting and fishing ethics, and illegally harvesting an animal shouldn’t be overlooked no matter the circumstance. But a judge should have latitude in determining the penalty in these types of mishaps. Otherwise, we suspect there won’t be too many hunters who will feel compelled to self-report an honest mistake.