Not a hunter but a question just crossed my mind

C

cslinger

New member
How does fish and game Monitor/control hunting and fishing on private property. Folks who have 50,100 acres with game and or fish on it. Are folks more or less on the honor system or is it legal to harvest whatever whenever on private property.

Again I am not a hunter and this might be a stupid question but it just came to mind for some reason.

Thanks
Chris
 
In my state you're still limited to your one tag per species, the only difference is that you are exempt from the lottery system with an over-the-counter owner's tag.
 
Game wardens have more power/authority than most any other LE officer. since they are involved in federally regulated species most are authorized as federal agents, not just state LE. They can come onto private property and monitor what you are doing just as legally as on public land. They also have the right to conduct searches that would be illegal for other LE officers to do without a warrant.

You are on the honor system anywhere. Some states monitor things more closely than others, but it is all but impossible to get caught unless you do something stupid most anywhere. Or if you are turned in by other hunters.
 
I realize all hunters are on the honor system but did wonder if fish and game had more expanded authority such as crossing private property to ensure legal/ethical hunting.

Thanks for scratching the curiosity itch.
 
Poachers are viewed as game thieves by the vast majority of hunters and landowners--as well as by wildlife officials. Reporting of poaching activities to game wardens by "just folks" is quite common.
 
In most states if you make a pond to fish at then limits don't matter but if you're hunting you better follow the rules or leave no signs of over harvest.

I ran into this once in my life and hopefully only once. I was on private property of 60 acres butted up against thousands of public land. The nearest neighbors although family didn't like us. There were three hunters and at that time the limit was a maximum of 2 deer during archery and 2 during firearm season. The other two hunters tagged out and I was trying to fill my last tag. Guess the day before the neighbor called the DNR and as I was walking to my blind they were waiting for me.

I answered some questions and walked back to the house with one as the other drove the truck back. They asked the other two hunters about how many deer were shot and then they collected the 11 carcasses and were on their way.

The only thing good about this story besides not being at fault is that I tagged out a few days after.

The other party in question still calls the cops from time to time as the DNR hasn't been back. And yes they are a group of hunters who can kill 25+ deer a year.
 
If you have enough land that neighbors won't hear shots, and you don't mind never being able to post pictures online or even talk to anyone about your success, you could probably get away with it for a while.
A friend of a friend got nailed a few years ago because the wardens found the remains of where he field dressed a deer he'd killed out of season. They were able to match DNA from the woods to DNA in his freezer. He had to bay a large fine and can't hunt anymore.
Harsh maybe, buy imho it serves him right.
 
In VA if you are a landowner or the offspring of a land owner you do not have to buy a license to hunt that land. You do have to adhere to the game laws. Ponds/land locked lakes are one thing, streams are another. Streams can be fished by anyone as long as they stay in the stream while it crosses your property. Limit laws apply to streams but not to ponds/lakes that are land locked.

Clear as mud right!
 
The wild game in the State of Nebraska are viewed as a natural resource, like groundwater, and are owned by all the people of of the state. In the same sense you can't sink as many wells as you want to on your land, and pump until all your neighbors' wells are dry, you can't just kill all the game that is on your land- so there's none left for anyone else.

You can control access, but the game animals do not belong to you just because you own the ground they are on.
 
There is little land in this area that is anything other than private property. And yes, the laws are the same. Game animals on your property are not your property. And, wildlife officers can access your property any time they feel like it. Or, refrigerator and freezer for that matter.

I am not sure how this varies from state to state, but I suspect it does.
 
Just to clarify I am not a hunter nor am I looking to do so. I also agree with all the various conservation laws and restrictions. I was just watching a show with somebody buying a large amount of property and I noticed deer and turkey in some of the shots and it got me thinking of how to enforce those regs on private property.

I personally have no problems with legal hunting of game for meat and will happily enjoy it if you want to send me some but would never condone poaching etc

Just so we are clear. This wasn't a back door wink wink can I get away with it kind of thing.

Besides my neighbors all of 60 feet away might get a little nervous and testy if I started "hunting" in the sub division. ;)
 
no such thing as a stupid question. every state is a little different and different rules apply to different game animals and seasons.

generally(and I'm not saying this applies to all or even most states) private property is exactly that, private property. the land owner has a final say whether he/she is going to allow hunters on their property. some states require written permission, others do not. however if you catch someone on your property without permission you have the right to have them run off by the fish and game dept or police(never confront them yourself).

in Idaho we have what you might call a no-harm-no-foul clause. a person can not be fined or arrested for trespassing unless the property is properly marked, or it is a cultivated field. proper markings require a 100 square inch fluorescent orange sign or the top 18 inches of a T-post painted the same color every 220yards as well as signage at reasonable access points. this is not to say if you do not mark your property any yahoo can help themselves to your place, but it is designed to protect hunters who made an honest mistake and wandered into private property that was not properly marked. if they are asked to leave they have no choice, they have to leave, but they can't be detained, fined or otherwise unless there is a history of complaints against that person.

then there is the whole matter of reservations and native americans. some reservations allow any native to hunt anywhere on the rez, even if it is private property. a person can call and have them run off, but they can't, or simply wont be fined for trespassing. it's led to a lot of abuses, but I'll stay off that little rant.
 
Blindstich, I'm confused.

They asked the other two hunters about how many deer were shot and then they collected the 11 carcasses and were on their way.
Click to expand...

Was there a violation? Was it the game wardens who took the deer? I couldn't get a clear picture from your description.

2 archery, 2 gunshot, limit. 4 deer x 3 hunters =12 you had 11, what was the violation? Were all shot with guns? its not clear. Sorry.


As to hunting on "your own land" it varies a lot, and what used to be the rules are now different in many places.

Where I grew up, when I grew up, you could hunt small game on your own property without having to buy a hunting license. You still had to obey all season rules and bag limits, but you didn't have to buy a small game license.

You had to get the tag for deer, though.

Been 50+ years since then, and I haven't been there in decades, but I think it has changed so you need a license for everything, everywhere. It was NY state. ;)

Check your local (state) game laws and criminal code carefully. Especially the game laws. They get changed in degrees and often.
 
In MO, state game regs apply regardless of public or private land. Landowners may hunt small game and fish w/o permit but have to request free deer/turkey tags based on amount of land owned. I'm working on a change to tag allotments which are transferable(as in, you can give, sell, or donate farm tags to someone else) but I'm betting on a hard sell of that idea.
 
To the OP, the vast majority of hunters are law abiding citizens who follow the rules, and enforcement is not an issue. Most busts of illegal activity are the result of other hunters reporting violations. We take it personally when people steal our hunting oppotunities.

States regulate all hunting except species that are considered migratory, which are regulated by USFWS, such as ducks and geese.

Game wardens are state authorities but are also agents for enforcing federal game laws within their state.

One common misconception I keep hearing and even seeing in this thread is that game wardens are not subject to the 4th amendment of the Constitution. This is not correct. They are still subject to probable cause and search warrants. They cannot randomly wander through your property, or conduct searches any more than any other LEO. Just like any other LEO, they need probable cause, voluntary consent, or a warrant. I believe they can stop you on public ground and request to see your license and tags.
 
In this State if you own the property surrounding a (natural) spring fed or crick/river fed lake. You can restrict public axis by land only. All Fish & Game Laws apply including uninhibited axis by Game Wardens across said property. Then again a man made lake or pond its owner has complete ownership and control thus State Fish laws do not apply but Game & Trapping Laws do.

Any & all private property period in this State must be open to uninhibited Game Warden inspection unless there is a State Exemption given for said practice.
 
Around here, most land owners are stewards of their land and tend to go the other way than violating and excess, by being very restrictive on what they allow to be harvested on their property. They also promote wildlife by enhancing habitat and planting food plots and by controlling access, thus limiting the amount of hunters. Poachers generally shoot from the road, trespass or stick to public land.
 
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