Anything I can do? Hunter Harassment?

[RocketRob16]

Echoing others thoughts here but it sounds like your choices are really either to work on habitat management/attracting deer or to find a new place to hunt. Its not optimal but if the man took 3 years to pile up a stick wall I would guess that there's no coming around on that one anytime soon. Best of luck to you with whatever happens.

 

[Erict]

in NY, you can enter property to retrieve game without permission. you cannot sit there and field dress it, you must leave right away. if a landowner denies you and gives you a hard time, the DEC will come and retrieve the deer.
a lot of states have that law, as it is impossible to control a wounded animal. there are stipulations of course, but it at least covers you a little from trespass laws. that being said, it's still a good idea to ask permission if a wounded animal crosses over but do it when that happens not before.

This is FALSE, unless the land is unposted, unfenced, unimproved and apparently unused. You are not "covered a little from trespass laws" either.

If the landowner denies you the DEC will not come and retrieve deer, though they might help a hunter negotiate with the landowner. The landowner could, tecnically, deny you access and allow the dead animal to rot where it lays.

 

[NEWYORKHILLBILLY]

I have done some hunting close to the city limits. massive bucks in these areas. I have found it best to remove deer after midnight. Bottom line in NY if they don't let you go after your deer it will just be coyote food. Like others have said a dec officer is more likely to get you permission to remove the deed deer, but owners can and do refuse. Most the Aholes in NY are fast asleep after midnight.

 

[NYSKIER]

I have done some hunting close to the city limits. massive bucks in these areas. I have found it best to remove deer after midnight. Bottom line in NY if they don't let you go after your deer it will just be coyote food. Like others have said a dec officer is more likely to get you permission to remove the deed deer, but owners can and do refuse. Most the Aholes in NY are fast asleep after midnight.

Only had to get permission to get one, only one has died of my property or property I had access too. All shots are 15 yards and under broadside. I’ve had to pass a lot of shots doing this but it’s what has to be done. I’d like to travel more like I used to and hunt big tracts but I’ve got a three year old and one year old and one on the way at the end of December so the home front is all I’m able to do right now and still be a good dad/husband

 

[NYSKIER]

Curious, as I have never had to hunt backyards like that. How small of property are you willing to hunt?

In deer management I’ve hunted properties smaller than half an acre. Local police is in charge, you qualify and they send you to homeowners that have deer issues. Could be 100 plus acres could be a quarter acre if they are in the program and that’s your area you can hunt it

 

[stanginthe11s]

This is FALSE, unless the land is unposted, unfenced, unimproved and apparently unused. You are not "covered a little from trespass laws" either.

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.

 

[Erict]

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".

 

[stanginthe11s]

ok, I see you just want to argue. that's cool so here's what the DEC has to say about it. argue with them instead.

• There is no requirement that signs be "seen," and in fact, the land is still posted for a period of one year even if the signs are illegally removed by unauthorized persons the day they are put up.
  • This illustrates the importance of seeking permission to enter private land, regardless of whether of not it is posted.
• You can be arrested for trespassing even if you did not see any posted signs. Your hunting license does not give you the right to trespass on private property. It is your responsibility to find out who the land owner is and ask their permission whether the property is posted or not. The New York State Penal Law makes it an offense to enter any land without permission.
• All property is owned by somebody. The lack of posted signs, fences or other man made objects does not imply that you may enter to hunt, fish or trap. It is your responsibility to obtain permission to enter private lands or waters. Public lands and waters may or may not have restrictions that can be found by contacting the municipality owning the lands.

also, you should check the link before referencing it.

Trespassing​

Trespassing is illegal even on unposted property.

Activity Restrictions​

The entire property doesn't need to be posted against trespass. If desired, only a portion of the property can be posted prohibiting trespassing or restricting activities (i.e. hunting, fishing, trapping).

PS - There is no such thing as the "DEC current stance".

its OK to not be a robot in life. its very obvious by this statement that you either only understand things in a literal sense or just want to be an ...... either way I don't care what your issues are.

 

[Luked]

Similar situation on a farm I hunt.
Mainly rifle hunted on small field that I cant count how many deer i have killed off of it.
New owners came in and bought the farm on the south side of this field I hunt. The have Cattle, Horses and a huge flock of sheep. They put up a 4' tall woven wire fence because of the sheep. Now I have almost zero deer activity in the field.
So when it is not hunting season and the landowner dosent have cattle in the field I hunt, I put out corn, minerals, bait etc. As long as it is out 10 days before the area is hunted its legal. So I bait in the spring and summer jsut to get the deer moving back into the field I hunt.
Deer are like humans, they are lazy. If they can find a place to get an easy meal they will find it.

 

[BowHuntingFireman40]

Hi Roksliders,

I've lived in my house in some suburban woodlots of anywhere from 4 acres to 10 acres for the past 6 years. During this time I've hunted and successfully taken deer on the combined 7/8ish acres I can hunt. I had been lucky that all the deer I took died on property that I had access to go on. Three years ago I got new access on a neighboring parcel so I asked the guy who had the property next to it if I could retrieve my deer should it die there. He said no to that and no to getting his number and said I would need a warden to get a deer should it die there (I happened to have to do this that year) Immediately after asking this he began to construct a 100 plus yard wall out of fallen debris in the woods to cut off the woodlot funnel. This year he completed it and it has completely stopped what used to be a consistent spot. I have yet to see a deer up there I used to see double digits and there is no sign/rubs in the traditional spots. Please keep in mind this wall is in the woods and does nothing for his property at all. Is this a form of harassment/is there anything I can do.

Sorry to hear you are dealing with that. I had a neighbor who was on board and helped me retrieve a deer that had died on his property. Months later he informed me his wife was upset that i killed one of their deer she consider as a"Pet". Mind you, there is a 500+ acre hunting lease backing up to their property. He informed me i wasn't allowed on their property ever to retrieve a deer from that time forward. Sucks to have sucky neighbors even when you try to be respectful to them and respectful to the animal. Its not the intent for the deer to die on their property. But they should respect your right to harvest a deer and I would hope they wouldn't want the meat to spoil by denying you access. Pretty petty on their end.

 

[Fordguy]

Sounds like you need to remind that guy's wife that if they won't let you take possession and tag the deer you shot, you'll shoot another one, and then she will have lost 2 of her "pets" instead of just one.

 

[Howiemoth]

2 thoughts,
1) Seems like a fire hazard (wink).
2) Great rabbit habitat, invest in 2 very loud beagles/whistle train every morning at dawn. Invite all your buddies opening morning.

 

[bbassi]

My $.02
The deer didn’t go anywhere. They adapted. You need to also.
Another thing, time and gravity will take care of his fence. I’ve seen deer, even big racked bucks, maneuver through a 5 wire fence. They will eventually find their way through that too. Ignore him and do your best to not let him know you are still hunting there. Eventually he will tire or forget about you and everything will work out.

 

[long hunter]

Sorry to hear you are dealing with that. I had a neighbor who was on board and helped me retrieve a deer that had died on his property. Months later he informed me his wife was upset that i killed one of their deer she consider as a"Pet". Mind you, there is a 500+ acre hunting lease backing up to their property. He informed me i wasn't allowed on their property ever to retrieve a deer from that time forward. Sucks to have sucky neighbors even when you try to be respectful to them and respectful to the animal. Its not the intent for the deer to die on their property. But they should respect your right to harvest a deer and I would hope they wouldn't want the meat to spoil by denying you access. Pretty petty on their end.

don't know where you're at, but a lot of states have a right to retrieve clause on a game animal, just don't take your weapon along. The other option might be contact the game warded explain that you shot a deer on legal hunting property, and it went across the boundary and died, a lot of times they will come and escort you to retrieve the animal. The other option is (and this sucks) hope it runs close to their house and dies in some hidden spot and it gets really warm out.

 

[Cooper#1]

Hi Roksliders,

I've lived in my house in some suburban woodlots of anywhere from 4 acres to 10 acres for the past 6 years. During this time I've hunted and successfully taken deer on the combined 7/8ish acres I can hunt. I had been lucky that all the deer I took died on property that I had access to go on. Three years ago I got new access on a neighboring parcel so I asked the guy who had the property next to it if I could retrieve my deer should it die there. He said no to that and no to getting his number and said I would need a warden to get a deer should it die there (I happened to have to do this that year) Immediately after asking this he began to construct a 100 plus yard wall out of fallen debris in the woods to cut off the woodlot funnel. This year he completed it and it has completely stopped what used to be a consistent spot. I have yet to see a deer up there I used to see double digits and there is no sign/rubs in the traditional spots. Please keep in mind this wall is in the woods and does nothing for his property at all. Is this a form of harassment/is there anything I can do.

Hi Roksliders,

I've lived in my house in some suburban woodlots of anywhere from 4 acres to 10 acres for the past 6 years. During this time I've hunted and successfully taken deer on the combined 7/8ish acres I can hunt. I had been lucky that all the deer I took died on property that I had access to go on. Three years ago I got new access on a neighboring parcel so I asked the guy who had the property next to it if I could retrieve my deer should it die there. He said no to that and no to getting his number and said I would need a warden to get a deer should it die there (I happened to have to do this that year) Immediately after asking this he began to construct a 100 plus yard wall out of fallen debris in the woods to cut off the woodlot funnel. This year he completed it and it has completely stopped what used to be a consistent spot. I have yet to see a deer up there I used to see double digits and there is no sign/rubs in the traditional spots. Please keep in mind this wall is in the woods and does nothing for his property at all. Is this a form of harassment/is there anything I can do.

You can move, he's a prick and as he ages he'll be more of a prick.
Find a different hunting spot while you're looking for a new place

 

[long hunter]

Couple gal. of diesel fuel and a road flare perhaps.

 

[long hunter]

sounds like you might be the dirt bag with the fence.

 

[wind gypsy]

Very interesting what a guy will get lit up for on here. But open up this whitetail forum and tresspass and arson is brought up over an over.

Pretty fuckin sad

Please stay on the east coast. We have enough shitbags out here already

Exactly.

Unbelievable really that people are talking about lighting someone's property on fire and trespassing because they have different values and ideas of what should happen on their land.

What if guy was a deer hunter and manipulated habitat to route deer away from neighboring tree stands, you guys still want to run your dogs and light his place on fire? embarrassing.

These types of attitudes are sure to do wonders for the 95%+ of voting public who don't hunt but control our ability to do so.

 

[stanginthe11s]

Please stay on the east coast. We have enough shitbags out here already

we don't need them here either, can we send them to mexico?

What if guy was a deer hunter and manipulated habitat to route deer away from neighboring tree stands, you guys still want to run your dogs and light his place on fire? embarrassing.

not that I think that instance is good either, I do agree with you. but this thread was not that, it was about a guy who clearly was an ass and went out of his way to show it. and no, I'm not saying any of what's been posted is ok.

 

[Rich M]

Folks aren't gonna like this BUT:

It seems like an entitlement issue.

There is a post on here about the biggest problems for hunting - this is one of them. Hunters often can't see that they create their own problems.

But I'ma nice guy guy - and respectful. Trying to do stuff the right way..... can't understand why people don't want me trailing mortally wounded deer that they see as pets thru their back yards.