I stand corrected, the law as I remembered it stated it was unlawful to prevent the retrieval of game. I also remember the DEC standing for the hunters, but I guess things changed.
apparently, you are also wrong in that it doesn't matter if its unposted, unfenced etc. DEC current stance is that all land belongs to someone, so it doesn't matter. funny thing is, if a landowner denies you but tries to take the animal then the DEC steps in lol. luckily I have never had that issue, and likely never will.
No, I am not wrong, but I'll take the time to explain and maybe someone can learn something.
The DEC still "stands for hunters", but they also have an obligation to respect private property rights. If a hunter cannot legally enter the land to recover game, an ECO can't either without permission.
There are two
laws governing trespass in NY. The Environmental Conservation Law (ECL), which applies to those hunting, fishing and trapping and the Penal Law, which is more applicable to traditional criminal activities like entering an abandoned building.
The ECL defines how landowners must post signs around portions of their property if they want to have the ECL trespass legally enforceable.
If the land is not properly ECL posted (or the hunter has not been legally served papers telling them to stay off the property), a hunter, or anyone else, cannot be charged with ECL trespass.
The Penal Law states "A person who enters or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders,
does so with license and privilege unless notice against trespass is personally communicated to him by the owner of such land or other authorized person, or unless such notice is given by posting in a conspicuous manner.” So, if unfenced, unimproved, apparently unused and no notice from the landowner/lease, a hunter, or anyone else,
cannot be charged with Penal Law trespass.
A hunter trying to recover game on private property where the ECL and Penal Law do not apply is not breaking trespass laws, but must leave immediately if directed to do so by the owner/leasee. If the landowner tries to "take the animal" then they are subject to the same laws as everyone else. They could "tag it" and that BOAL is now theirs, or leave it for the scavengers.
PS - There is no such thing as the "DEC current stance".