Legal question

[devon deer]

Hi All,

Could someone answer this question for me please?
This is the scenario, we shoot an elk in our district, it runs off and drops dead, but it has died in :
a) Another hunting district, or
b) A private landowners area

I assume we can track it into another district and recover it?
If so, and we get caught in that district, what do we have to do to prove we have not intentionally shot it in that district?

But if it went onto private land we would need to seek the landowners permission to enter land?

Edit: Just emailed http://www.montanagamewardens.org/contact.html


Many thanks

Richard

 

[BiggWimm]

Best thing that I can recommend, based on some personal experience, is to immediately contact a game officer and notify them of what has occurred. Then do what they tell you.

 

[the nikster]

Due to wonton waste you have to make every legal effort to reclaim the animal. Notify the landowner and seek permission to tresspass. If refused, notify authorities that you are unable to retreive the animal.
In another unit, notify fish and game and seek advice.

 

[Straight Arrow]

1. Another hunting district: contact FWP for guidance.
2. Private property: Permission needed to trespass.

The problem is that the animal should be field dressed to cool the meat asap, so it's wise to keep the phone numbers of FWP and the landowner across the fence handy and carry your cell phone, assuming you are where you have cell service. 'May not be the case in many areas.

For both questions, best advice is to hunt away from boundaries that could potentially put you in that dilema.

 

[L. I. Yankee]

Contact an Encon officer or the landowner

 

[WapitiBob]

"But if it went onto private land we would need to seek the landowners permission to enter land?"

Correct, and law enforcement cannot force the LO to let you on, nor can the LO be cited for wanton waste. If the LO says "take a hike" go back to hunting and get another one.

 

[Jon Boy]

"But if it went onto private land we would need to seek the landowners permission to enter land?"

Correct, and law enforcement cannot force the LO to let you on, nor can the LO be cited for wanton waste. If the LO says "take a hike" go back to hunting and get another one.

If the animal is in plain sight dead, can't the LO be cited for wanton waste then? Thats how it was explained to a buddy of mine when he shot a bull and it crossed the fence on to private land. The game warden said he couldnt do anything unless the animal was in plain sight, dead.

 

[WapitiBob]

The LO isn't the guy that shot the animal, and wanton waste is a game violation. The LO can't be convicted anymore than you could be convicted for a road kill that landed in your front yard.

This comes up every year. Law enforcement can't "make" you give anybody access to your private property. A cop can write a ticket for whatever they want, conviction is another thing.

 

[Devil Diver Down]

"If the LO says "take a hike" go back to hunting and get another one.

For me, that wouldn't mean 'go back to hunting and get another one', it would mean the end of my hunt. If you hunt that close to private or unit boundaries, you're rolling the dice. If you roll snake eyes, you don't get another roll. My hunt is over if/when I lethally wound an animal--recovered or not.

Just my 2¢. Your mileage may vary.

 

[Straight Arrow]

"Contact an Encon officer" ??
I am a third generation Montanan, having hunted here for over five decades. I have no idea what an "Encon officer" is, let alone how to contact one.

Boy, am I in trouble! 'Better enroll in the remedial Hunter Safety Course.

 

[spook12]

Straight Arrow my guess is that an Encon is a third cousin twice removed of a opossum cop.

 

[WapitiBob]

For me, that wouldn't mean 'go back to hunting and get another one', it would mean the end of my hunt. If you hunt that close to private or unit boundaries, you're rolling the dice. If you roll snake eyes, you don't get another roll. My hunt is over if/when I lethally wound an animal--recovered or not.

Just my 2¢. Your mileage may vary.

Certainly nothing wrong with that train of thought.