Anything I can do? Hunter Harassment?

[stanginthe11s]

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.

 

[Steve300xcw]

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

 

[Fordguy]

How do you figure?

In the states that I've been a resident, you have no legal right to pursue or retrieve a game animal from someone else's property without permission. If you do, you are trespassing and subject to prosecution.
From my point of view, if someone politely asks me for permission, I'll most likely say yes, and help them retrieve their animal.

I expect the same courtesy from someone else that I would give if I were in their shoes. I sometimes hunt small parcels and I've lost a deer because the neighbors didn't want me entering their swamp. I wasn't thrilled, but I understood. I wouldn't want anyone stomping through any of my sanctuary areas either.

If someone just comes marching through my property without permission (where I'm likely to be hunting), the game Warden is getting a call and tickets will be issued. I spend too much time, effort, and money on land management for my hunting to let anyone come traipsing through randomly. Their failure to put the animal on the ground on their own property does not give them the right to enter my property without my express permission.

I'd like to know more about this NY law that allows you to retrieve game animals without landowner permission. How do you proove that you are retrieving and not pursuing? A three legged, gut-shot BOAL can leave a visible blood trail and still not be fatally hit...

 

[Steve300xcw]

I guess what I am wondering about these smaller parcels. Is if you cant anchor an animal, and theres a good chance that it is going to end up on somebody else's property.....At some point, I would like to think that somebody is going to admit that maybe this isnt where he should be hunting.

 

[Pickettpuncher]

add some more sticks and have a natural blind. then when he comes out to yell, offer him a cup of coffee and tell him to whisper so as not to alert the deer.
you could also just call the town and complain about the unsightly pile of crap in the woods, that will solve the problem quietly. for future reference, retrieving game is not trespassing and a landowner cannot interfere with such action. if one does, call the DEC and they will handle that person appropriately. so basically, keep quiet until there's a real problem.

Some states do not allow you to retrieve game on land you do not have permission to access. And no, the game warden can’t always retrieve it either.

 

[Pickettpuncher]

In the states that I've been a resident, you have no legal right to pursue or retrieve a game animal from someone else's property without permission. If you do, you are trespassing and subject to prosecution.
From my point of view, if someone politely asks me for permission, I'll most likely say yes, and help them retrieve their animal.

I expect the same courtesy from someone else that I would give if I were in their shoes. I sometimes hunt small parcels and I've lost a deer because the neighbors didn't want me entering their swamp. I wasn't thrilled, but I understood. I wouldn't want anyone stomping through any of my sanctuary areas either.

If someone just comes marching through my property without permission (where I'm likely to be hunting), the game Warden is getting a call and tickets will be issued. I spend too much time, effort, and money on land management for my hunting to let anyone come traipsing through randomly. Their failure to put the animal on the ground on their own property does not give them the right to enter my property without my express permission.

I'd like to know more about this NY law that allows you to retrieve game animals without landowner permission. How do you proove that you are retrieving and not pursuing? A three legged, gut-shot BOAL can leave a visible blood trail and still not be fatally hit...

Every state is different but I like your approach. Explain the situation and let’s go find your deer. I think Iowa lets you retrieve on a neighbor but you can’t take your weapon if you don’t have permission. Tennessee does not allow anyone, the hunter nor the game warden to retrieve if permission is not granted. Every state would have a ruling on this

 

[Fordguy]

One of the properties I hunt is 10 acres. Haven't lost a deer there yet (none have made it off of the property, in 5 years of hunting), but I'm very careful with my shots. 20 yard limit for archery shots and my rifle shots are usually the same distance. Not to say that I'll never have one leave the property, but neighbors on 3 sides don't mind if I retrieve one from their property. The 4th neighbor I don't speak to. He likes to spend rifle season in his side by side driving the property line trying to push deer back into his property and away from me.
At what size is a property too small to hunt?

 

[Steve300xcw]

Last time I hunted something around 10 acres, I had a handme down BBgun and thought I was pretty hot shit

 

[Fordguy]

Hey, don't knock the Red Ryder...
Some small parcels consistently produce big deer. While I'd rather have room to roam, I'll take mature bucks and plenty of does where I find them.

 

[Steve300xcw]

I get it.

I just find the thoughts and actions around hunting them to be interesting.

 

[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

 

[Steve300xcw]

was meaning just during the normal hunting season.

 

[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.