Retrieval of game from private land in Montana

[Visiting Hunter]

I would also like to add if this does happen please don't walk up with your firearm in hand.

 

[Bambistew]

The worst thing you can do is to post on a hunting forum with a misinterpretation of state law regarding trespass and private property rights, potentially advising young inexperienced hunters with erroneous information which may very well create conflicts.

I would say the second worst thing you could do is admit to breaking the law?

You were told no, and still went ahead and trespassed? Damn, I lost a lot of respect for you.

 

[Straight Arrow]

I would say the second worst thing you could do is admit to breaking the law?

You were told no, and still went ahead and trespassed? Damn, I lost a lot of respect for you.

You are right in that. It was my bad! No excuse. For whatever worth, self-flogging for thirty years since that lesson learned the hard way. (My rationale at the time was that I was certain the landowner would have allowed retrieval, but the ranchhand forbid me from asking. 'Skewed rationale.)

It strongly motivated me when my first-time hunter great nephew wounded a deer which crossed onto private, we secured permission with a great deal of difficulty in finding landowner, went in following day and retrieved the deer, with thanks and appreciation extended to landowner. No vindication for prior transgression ... merely assurance that this criminal has rehabilitated.

 

[Straight Arrow]

I would say the second worst thing you could do is admit to breaking the law?

BTW, it has also motivated me to study trespass and property rights laws and regulations.
Regardless ... your loss of respect is warranted.

 

[BuzzH]

If I'm ever in that situation, where a landowner won't allow me to access I would be tempted to just take the ticket, let the warden confiscate, and call it good. Such a shame to let an animal rot just because a landowner wants to exert their rights (which they absolutely have). Almost seems like the ticket would sting less and allow someone to utilize the animal.

That's why I more or less stay away from hunting too close to lines and if I do, take measures to ensure an animal won't cross onto private. Don't want to be forced to make that call.

Too bad it comes to this at times, but it's the way it is now I suppose. Cooperation and common sense don't factor into many decisions on both sides these days.

 

[rjthehunter]

This is where ethics and laws collide.

 

[Dakotakid]

Curious if anyone has had issues with dying animals running onto private and the landowner not letting you retrieve it.

Heard of this in the breaks but don't have any first hand accounts.

This was the original question.
One cannot trespass to retrieve it.

Now if someone wishes to change the question to whether it is unlawful possession of an illegally taken game animal for the landowner to move the carcass that is a different question.

So at the point that the landowner touches, moves or hooks his tractor up to the carcass- is it an unlawfully taken game animal?

I had a game warden tell me that it was unlawful for me to pick up a head and antlers from a skeleton because it must have been wounded and died and eaten by coyotes. I explained the difficulty he would have making that argument to a jury beyond a reasonable doubt. He decided not to issue the citation.

 

[daltrix99]

Similar to others, I have not experienced this but a friend did a few years ago in western Montana. Bull Elk he shot with a bow ran to private and died. Hunter was denied permission, then returned with a warden to plea for access again, and the landowner denied again. Big bull, not sure if the landowner took it or left it to the bears.

 

[Schaaf]

I spend a lot of time hiking around public land that’s intermixed with private. I don’t spend a lot of time hunting public land that’s intermixed with private.

Too much of a pain in the ass.

 

[Straight Arrow]

NOAH’S FIRST HUNT​

My older brother, Bruce, became ill and passed much too early in life. Bruce was an avid deer hunter and wanted to pass on his passion for hunting. When Bruce’s grandson Noah enthusiastically excelled in Hunter’s Safety and wanted to experience and learn more about hunting, it was no surprise

Noah came to hunt with me and one afternoon we met up with my son, who knew of a fine spot to hunt whitetail deer. Noah and I had visited the FWP office where Noah acquired an OTC whitetail deer tag, so he was excited about the prospect of taking a whitetail. We observed a number of deer emerging from their beds to begin feeding. Finally, a whitetail doe crossed within shooting range, so Noah took aim and fired. The deer went down and we began prematurely celebrating, but she jumped up and took off, crossing a fence into an area where we had no permission to go.

Fortunately, my son knew the caretaker of the property beyond the fence and we were finally able to find him that night. He gave permission for access and we crossed the fence next morning at daybreak. Suddenly the wounded deer jumped up, ran out in front of us and laid down. As there was no good shooting rest, Noah settled into a kneeling position with his rifle, successfully took his first deer, calmly secured his rifle and went over to examine her. After giving thanks for success in harvesting this fine venison, he notched his first deer tag, and began the field dressing lesson.

Noah and I discussed the hunting at length, reflecting on the patience required, the shooting, the importance of permission for access, the concern for the hunted deer, and of constant attention to safety throughout. When we met his dad later that day, Noah stood with his hands behind his back, proudly beaming, and asked, “Which hand, Dad?” He then extended both hands, exclaiming “Loins on the left and heart on the right!”
Grandpa Bruce, who loved venison heart, would be proud!

​

 

[sneakypete]

As a property owner I don’t take kindly to trespassing, either myself or others! Many have wrote that they hunt property boundaries, to that I say you’re opening yourselves to this very issue. WHY! Hunting is Ethics, conservation.

 

[Forkyfinder]

We hunt near property lines a lot, always use more gun and bullet than necessary in those instances, hasn’t been a problem in rifle season. In fact like half the videos/photos I have you will see a property line fence in it. Archery is a whole different story, in the last 8 years it’s happened 4 times on bulls I called in for friends in a checkerboarded areas we hunt. 2 of the bulls were recovered with landowner/outfitter permission, one was dead in sight 212 yards past the fence, we got told to pound sand, landowner told the GW to pound sand as well and not to enter her property without a warrant. One was never found and likely never died as we searched for 2 days with landowner and their dogs, blood was marginal at best from the beginning, which was strange because shot looked perfect in the video minus good penetration (1/2 shaft). Watch for that shoulder if they are quartering with that front leg set back, it’s further back than you would think, 80lb Matthew’s at 27 yards. Guy sold his bow and hasn’t archery hunted since. My advise is take video with your phone, in all those instances there was zero doubt we shot them on public as we had blood and video proof.

Think this is certainly a way bigger problem with archery.

Good ethical shots and not pushing boundaries, especially in archery, means a lot.

As a property owner I don’t take kindly to trespassing, either myself or others! Many have wrote that they hunt property boundaries, to that I say you’re opening yourselves to this very issue. WHY! Hunting is Ethics, conservation.

I was more of curious of situations simply happening. I have to admit though - depending on the area - a lot of the game are concentrated on private because it holds the water. And the grass left on public is non-existant because of the hand out level grazing fees... i get pissed when i think about the grazing fees and how little people pay to rape the public land with their cattle.

 

[antlerradar]

I get this call from time to time. I always offer to help with the retrieval. When the hunter doesn't want you to help it is likely time to call the warden.

 

[antlerradar]

Think this is certainly a way bigger problem with archery.

Good ethical shots and not pushing boundaries, especially in archery, means a lot.

I was more of curious of situations simply happening. I have to admit though - depending on the area - a lot of the game are concentrated on private because it holds the water. And the grass left on public is non-existant because of the hand out level grazing fees... i get pissed when i think about the grazing fees and how little people pay to rape the public land with their cattle.

The amount of grass left has nothing to do with the fee.

 

[rjthehunter]

As a property owner I don’t take kindly to trespassing, either myself or others! Many have wrote that they hunt property boundaries, to that I say you’re opening yourselves to this very issue. WHY! Hunting is Ethics, conservation.

Agreed. But I'm completely okay with someone retrieving an animal. I just want to know about it. Nothing pisses me off more than finding out during or after the act.

Most recent one was the last evening of rifle season here. Had 2 people walking through the woods on trail cam at dusk wearing carhartt brown. That's safe...

 

[Forkyfinder]

The amount of grass left has nothing to do with the fee.

If it was market rate a lot of it would go unleased.

Id lease it for 1.25 per head per month. Rancher welfare.

 

[antlerradar]

If it was market rate a lot of it would go unleased.

Id lease it for 1.25 per head per month. Rancher welfare.

Market rate is a price that a lot would not pay? Is that some kind of modern economic theory?

 

[Forkyfinder]

Market rate is a price that a lot would not pay? Is that some kind of modern economic theory?

If grazing fees on public were close to what they are on private (what im referring to as market), do you think as many people would stay in the cattle business?

 

[Pagosa]

If it was market rate a lot of it would go unleased.

Id lease it for 1.25 per head per month. Rancher welfare.

Not when you can only run stock on it for 3-4 months out of the year.

 

[Forkyfinder]

Not when you can only run stock on it for 3-4 months out of the year.

What’s getting more expensive? Everything but grazing fees. - High Country News

Fees to ranch on public lands will remain the same despite dizzying inflation felt by consumers.

www.hcn.org