The preliminary charge against both is the illegal taking of a non-game migratory bird, a class C misdemeanor.
The charges were approved Wednesday morning and the two are scheduled to appear in court in January for initial hearings.
The tundra swan is a federally-protected species.
Indiana DNR (Department of Natural Resources) Conservation Officer Michael K. Gregg investigated the shootings on Dec. 11 after he received a call from the property manager at the Goose Pond Fish and Wildlife Area.
Hunters had reported to the property manager that two other hunters in unit GP 9 had just shot two tundra swans so the property manager and another Goose Pond employee went to that location.
According to a probable cause affidavit written by Gregg, the two Goose Pond employees saw the two swans dead on the water and told the two hunters to retrieve them and come in off the marsh.
When Gregg arrived, he identified the birds as tundra swans.
The affidavit states that the two hunters said they had each killed one of the birds believing they were snow geese. They said four of them came in, they both shot one and tried to call the other two back to kill them.
Gregg photographed the swans and seized the birds and the firearms that were used as evidence.
Mooney and Carter were released after they received citations with a court date.
Folks, The tundra swans are protected by Federal laws. It's simple,if you don't know what you're shooting---Do not shoot!!!!!!!
Stay class, rednecks.
Just wonderful. I'm glad you were raised with such a sense of respect.
Trash.
Comical Dtown, thanks for the chuckle.
Last Year at Deer season I had 2 horses shot at one died and the other is still alive, The one that died was black With a white Blaze, the other was red with white blaze. The horses were on our land and not hurting no one. Tell me that the person (s) that did this didn't know a horse from a deer! People need to know what they are shooting at BEFORE they shoot, I keep my horses up in a pen when deer season is in because people don't care what they kill or who's place it is on.
Ihavecommonsense--They may be nice guys but they made a mistake that will cost them some money. To your statement on"novice hunters" that is no excuse. Two novice hunters shouldn't be out there together without someone teaching them how to hunt properly. IF you can't positively identify your target, do not shoot! These are the kind of guys that give all hunters a bad name.
Swans, Bald Eagles, Quail, Ruffled Grouse, Crow, Pheasant, Snow Geese, Cows, Deer, Dick Cheney, Bob Knight, Ducks, Coots, Mergansers and Mosquitoes.
I'm confused. The Goose Pond is one busy place.
Look at all the controversy and trouble goose pond has started, WMD mosquitoes, deer disguising as cows cant we all just get along...
Ok, I did find finally find Nov. 26, 2008 - Jan. 15, 2009 as an open season for Ducks, Coots and Mergansers in the south zone. Is this what you were referring to?
Beehunter I do not hunt at all and was just going by what is stated as being in season on the official DNR "Hunting and trapping seasons" web page.
Can you please enlighten me on what I was wrong about? Thanks.
http://www.in.gov/dnr_old/fishwild/hunt/...
ihavecommonsense
We raise cattle and yes some young calves can and do look like a fawn deer. This case is plain and simple just as the loneranger stated if you are not sure of what you are shooting dont pull the trigger.
ihavecommonsense:
You just made my point. A cow doesn't look anymore like a deer than a tundra swan looks like a snow goose. If hunters doesn't know the difference, they don't have any business hunting.
Don't shoot unless you're sure. Period.. That's the #1 rule of hunting.
theloneranger,
What a ridiculous statement. If you are colorblind I apologize, but I have never seen a cow that is even the same color as a deer. Swans and Snow Geese are at least the same color. Ok, I'm going to get a little scientific, so please try to stay with me. Swans are birds in the family Anatidae, which also includes geese and ducks. Swans are grouped with geese in the subfamily Anserinae. So, swans and geese are closely related genetically. Now, for your analogy of deer and cows. They are not even in the same family. Deer are in the Cervidia and cows in the Bovinae families, respectively. Not even close.
Everyone can make a mistake, just ask Dick Cheney or Bob Knight. I think their mistakes were worse than shooting tundra swans. They didn't get punished at all. Also, if you are a novice hunter a tundra swan could easily be mistaken for a snow goose.
Mistaking a tundra swan for a snow goose is like mistaking a cow for a deer. If you're going to hunt you better know what you are hunting. There is no excuse for this. Being able to hunt these birds in other states has no bearing on this case. The law is the law. If you don't positively know what you're aiming at, don't pull the trigger.
The fact is it doesn't matter if they knew what they were or not. They killed a protected species and will have to pay the consequences. That bird is a protected species for a reason. As far as going other places and being able to shoot that type of bird they weren't their they happened to be on a wildlife preserve. The judge doesn't need to have common sense he needs to follow the law. The conservation officers did their job. If someone shoots a protected species they get punished. Case closed.
dorindaj, You evidently do not know much about hunting or what is in season.
Hunting is a huge responsibility. Perhaps these two can be an example of what can happen if thats abused.
The tundra swan looks nothing at all like a quail, ruffled grouse, crow or pheasant which are the birds currently open for seasonal hunting. I don't see how it could have been merely a case of mistaken identity.
You do not have very much common sense, though. IGNORANCE of the LAW, is NO excuse!!!!
This is ridiculous. These two hunters are good guys and it was an honest mistake. They will probably never want to hunt again after this ordeal. Also, it is not like these swans were Bald Eagles...in some states you are allowed to hunt tundra swans. I know people who have gone to North Carolina and seen thousands of them, and were allowed to hunt them for only a small fee. We can only hope our Judge has more sense than our Conservation Officers. I'm sure he will.