Landers: Respectful hunters shalt not trespass
Trespassing is an easy crime to pooh-pooh when you can hear a rare life list bird species over the hill or if the perfect mountain biking route cuts the corner of someone else’s back 40.
Even some hunters – the one outdoor group that’s specifically schooled on trespassing laws during mandatory hunter education courses – can rationalize going through another person’s fence for a quick shot at game that’s eluded them everywhere else.
But nothing about hunting is more basic than respecting the land that provides our game and getting permission before entering private property.
The first step is to know the laws, which vary from state to state.
In Montana, hunters must have permission of the landowner before hunting on private land, regardless of whether it’s posted.
Washington laws are similar. The first line of RCW 77.15.435 states: A person is guilty of unlawfully hunting on, or retrieving hunted wildlife from, the property of another if the person knowingly enters or remains unlawfully in or on the premises of another for the purpose of hunting for wildlife or retrieving hunted wildlife.
Specific hunting-related language in Washington’s trespassing laws was enacted last year. The big change allows Fish and Wildlife police to seize an animal taken by a trespasser. Previously, a hunter who saw trophy game on someone else’s land might be tempted to shoot it and take the chance of getting a ticket for trespassing, knowing he’d be able to keep the animal. A citation would be a lot less expensive than a lease.
Removing that incentive already has resulted in fewer hunter trespassing incidents, says Capt. Dan Rahn, wildlife enforcement supervisor in Spokane.
Idaho’s trespass law, enacted in the late 1980s states, “No person may enter private land to hunt, fish, or trap without permission if the land is either cultivated or posted….”
Proper posting includes signs, but landowners also have the option of painting trees or posts with 100 square inches of fluorescent orange paint to signal the property is off limits. Another method is to paint metal fence posts with blaze orange at least every 660 feet around the property.
“Idaho’s law is more hunter friendly than trespass laws in surrounding states and most of the rest of the country,” said Phil Cooper, Fish and Game Department wildlife educator.
“With so much of Idaho land publicly owned, and much private land interspersed among tracts of public ground, it isn’t always apparent if land is public or private. Idaho’s law accommodates this possible uncertainty of ownership.”
Rather than read trespassing laws, some people would rather spread myths and hearsay. Cooper says IFG officers have noted several common misconceptions among hunters, such as:
- A landowner cannot grant permission to hunt posted ground.
- Even the owner may not hunt on posted property.