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If we desire respect for the law, we must first make the law respectable.
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Legal Definitions - defense-month
Definition of defense-month
A defense-month (also known as a fence-month) refers to a legally designated period during which the hunting, fishing, or harvesting of specific animal or plant species is prohibited. This prohibition is typically put in place to protect the species during vulnerable times, such as breeding, spawning, nesting, or critical growth seasons, allowing populations to recover and sustain themselves.
Here are some examples illustrating this concept:
Example 1 (Hunting): A state wildlife agency declares that the entire month of November is a "defense-month" for white-tailed deer in a particular forest preserve. During this period, all deer hunting activities are strictly forbidden. This regulation is implemented to protect the deer population during their peak breeding season, ensuring successful reproduction and the health of future generations.
Explanation: This illustrates a "defense-month" because it designates a specific timeframe (November) during which the hunting of a particular species (white-tailed deer) is legally prohibited to safeguard them during a critical biological phase.
Example 2 (Fishing): Local environmental regulations establish a "defense-month" for Atlantic salmon fishing on certain rivers from September 1st to September 30th. Throughout this month, anglers are not permitted to catch or keep Atlantic salmon, even on a catch-and-release basis. This measure ensures the salmon can complete their upstream migration and spawning cycle undisturbed, which is vital for the species' survival.
Explanation: In this scenario, the "defense-month" is the specified period in September when fishing for Atlantic salmon is banned, serving to protect the fish during their crucial spawning season.
Example 3 (Harvesting): A national park service designates April as a "defense-month" for the collection of wild morel mushrooms within its boundaries. During April, visitors are prohibited from foraging for morels, even for personal consumption. This rule is in place to allow the mushrooms to fully mature, release their spores, and contribute to the regeneration of the fungal population for the following year.
Explanation: This example demonstrates a "defense-month" applied to a plant (or fungus) species, where harvesting is forbidden in April to protect the species during its critical reproductive and growth phase.
Simple Definition
A "defense-month" refers to a unit of time, typically one month, that a defendant has spent in pre-trial detention or custody. This term is used when the defense seeks to have this period credited against any eventual prison sentence, effectively reducing the time the defendant would serve post-conviction.