Permission for Deer Retrieval

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Originally Posted by Greenhorn

Your a POACHER.

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Maybe our neighbors down here are more friendly - I hunt generally on my own property but if I had to retrieve a deer from any adjacent property that is posted I would go after the deer cause I know that the neighbors would not give me a hard time even though I have never asked them - the same thing if someone came on to my property after a wounded deer - I wouldn't care -it's just the neighborly thing to do - we are hunters and stick together - it's always a good idea to be friendly with your neighbors - if I had a neighbor who would give me or any other neighbor a hard time going on their property after a wounded deer everybody would be mad at the neighbor and they would know it - it fact if they had a neighbor arrested for trespassing everybody would find out about it and they would be outcasts or even something unpleasant could happen -

It's one thing to trespass and go hunting - it is another thing to go after a wounded deer - that don't even get near being a poacher - give me a break -

I mentioned it on another post - years ago some hunters were trespassing on some farmers land - I don't remember the full details anymore but I think they were just cutting through to get to their truck - the farmer had them arrested and they had to pay a fine - well about a year later somebody shot two of the farmer's cows that were in a field overnight - I wonder who did it - now I ain't saying that this was the right thing to do but it just goes to show you what can happen when you get overly aggressive when someone crosses your land --

I wouldn't like it if some stranger hunted on my land since I hunt it myself - but a neighbor looking for a wounded deer that's different - heck if a neighbor came on my land looking for a wounded deer I would probably help him find it - tell me what harm is a neighbor doing by walking over your land looking for a wounded deer - none -

The landowner can NOT be charged with "allowing game meat to spoil" because they didn't shoot it. If anything,we can be charged with littering and all costs for dead animal removal can be charged back to us. There's no way we can access anyone's private property without their express permission,so,it's our responsibility to ensure we have prior permission to enter neighboring property and if we don't,to make a quick,clean kill to ensure game doesn't get that far or don't take the shot. Trespassing will be the great undoing of hunting if we all don't have it crystal clear in our minds that everything we've ever heard that a hunting license gives us "carte blanche" to ignore private property and the CO's can force landowners to allow for retrieval is flat out BS.

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Originally Posted by trimmer21

The landowner can NOT be charged with "allowing game meat to spoil" because they didn't shoot it. If anything,we can be charged with littering and all costs for dead animal removal can be charged back to us. There's no way we can access anyone's private property without their express permission,so,it's our responsibility to ensure we have prior permission to enter neighboring property and if we don't,to make a quick,clean kill to ensure game doesn't get that far or don't take the shot. Trespassing will be the great undoing of hunting if we all don't have it crystal clear in our minds that everything we've ever heard that a hunting license gives us "carte blanche" to ignore private property and the CO's can force landowners to allow for retrieval is flat out BS.

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My understanding as well.

I would definitely ask permission. Trespassing is still trespassing even if you don't get caught. Why risk involving a CO and ruining your hunt? I've seen it referenced that retrieval of game is considered "hunting" however this is not the case. Retrieval of game is not considered "hunting" in the eyes of the law. Which is why you can retrieve a deer at night, have an unlicensed friend assist you with the retrieval etc. It becomes a simple "trespass" case in under the TPA and not "trespass to hunt" as a enforced by a CO under FWCA. Although the situation would suck, we cannot use a CO to trespass on our behalf to retrieve game for us. If the landowner says "No" then you've done all you can do. As far as the landowner being charged for "spoilage", I suppose a CO could say that the landowner is now in lawful possession of game that was hunted and permitting it to spoil would be an offense. Best to avoid the mess!

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Originally Posted by trimmer21

TTrespassing will be the great undoing of hunting if we all don't have it crystal clear in our minds that everything we've ever heard that a hunting license gives us "carte blanche" to ignore private property and the CO's can force landowners to allow for retrieval is flat out BS.

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This subject has come up soooo many times on here and yet soooo many fools still don't get it? It's shameful to think there are that many out there (calling themselves hunters?) who don't have a clue about such a simple rule of hunting. Land owners permission is needed to hunt for a wounded or dead deer on their property. The land owner cannot be charged for failing to give said permission. End of story! Kaput! Tout finis!

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Originally Posted by JoePa

Maybe our neighbors down here are more friendly - I hunt generally on my own property but if I had to retrieve a deer from any adjacent property that is posted I would go after the deer cause I know that the neighbors would not give me a hard time even though I have never asked them - the same thing if someone came on to my property after a wounded deer - I wouldn't care -it's just the neighborly thing to do - we are hunters and stick together - it's always a good idea to be friendly with your neighbors - if I had a neighbor who would give me or any other neighbor a hard time going on their property after a wounded deer everybody would be mad at the neighbor and they would know it - it fact if they had a neighbor arrested for trespassing everybody would find out about it and they would be outcasts or even something unpleasant could happen -

It's one thing to trespass and go hunting - it is another thing to go after a wounded deer - that don't even get near being a poacher - give me a break -

I mentioned it on another post - years ago some hunters were trespassing on some farmers land - I don't remember the full details anymore but I think they were just cutting through to get to their truck - the farmer had them arrested and they had to pay a fine - well about a year later somebody shot two of the farmer's cows that were in a field overnight - I wonder who did it - now I ain't saying that this was the right thing to do but it just goes to show you what can happen when you get overly aggressive when someone crosses your land --

I wouldn't like it if some stranger hunted on my land since I hunt it myself - but a neighbor looking for a wounded deer that's different - heck if a neighbor came on my land looking for a wounded deer I would probably help him find it - tell me what harm is a neighbor doing by walking over your land looking for a wounded deer - none -

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Don't they shoot young people in the face, on the front porch , for knocking on the door, for help late at night.

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Originally Posted by Numpty

Retrieval of game is not considered "hunting" in the eyes of the law.

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So then it's not considered "hunting" if I'm walking through a field in search of a deer that may or may not be dead? Interesting? Please tell us all how this works out for you when confronted by a C.O.?

If the deer is dead then you're not hunting. If the deer is still alive, then you're hunting. You don't "retrieve" a live animal. If you don't know if the deer is dead, then I would say you're still hunting.

If you don't have permission, you're trespassing either way.

Hopefully this example helps: You shoot a deer, see it die in the neighbors field. you go to retrieve it. While on the neighbors property, here comes the CO. If he charges you with "trespass to hunt" under the FWCA, you would beat that charge because you were not hunting. But If the CO or cops charges you with Trespassing under TPA then you're pooched!

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Originally Posted by M_P

Your obligations do not end when you get a no. At that point it's time to get the CO involved. I don't remember if it was a recent or older issue of OOD but I recently read of a case where the landowner was told by the CO that he would be charged with allowing the deer to spoil if he did not consume it. Since he had no intention of using the deer permission was immediately granted.

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I agree MP, I recall reading a thread on here where the hunter & CO went to the home of were the deer expired cause he couldn't get permission. The CO simply stated if you don't allow the hunter to harvest his deer and its on your property that its your responsibilty, as such CO stated i'll will come by next week and search the property/freezer to see if you harvested the animal, if not I will charge you for letting the animal spoil...in the end, the hunter went onto to the property to claim his deer

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Originally Posted by FISH-ON

I agree MP, I recall reading a thread on here where the hunter & CO went to the home of were the deer expired cause he couldn't get permission. The CO simply stated if you don't allow the hunter to harvest his deer and its on your property that its your responsibilty, as such CO stated i'll will come by next week and search the property/freezer to see if you harvested the animal, if not I will charge you for letting the animal spoil...in the end, the hunter went onto to the property to claim his deer

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This is not the way the thread went. The CO went to the door and asked the landowner for permission, he denied. The CO then asked the landowner if he was going to take possession of the deer, he said yes. The CO then asked for his tag for the animal and so forth, this story is hearsay and more than likely bull. As a landowner you do not have to let anyone on your property even to retrieve an animal and you cannot be charged for denying anyone access. These situations normally occur when hunters are unprepared and have no one to blame but themself for not having the forethought to gain access to the adjoining properties.