Possible Bowhunting Ban

gelton

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This post got me interested because I thought in Texas that it was your duty to recover game even on someone else's property but I was wrong...its illegal.

Some other states do allow it, especially for the recovery of hounds that have tracked game onto private property.

This page has a breakdown across states - https://www.findlaw.com/realestate/land-use-laws/select-state-laws-on-hunting-and-trespassing.html

And FWIW I live on a small 7 acre plot of land that I regularly shoot deer on but I do not bow hunt on it because, while our neighbors are pretty spread out, I don't want a deer running around the area with an arrow sticking out of it. And after reading up on game retrieval I am going to start aiming for that high shoulder/neck shot with a firearm to drop them instantly instead of a lung/heart shot.
 
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It's a personal decision. I've made it myself many times hunting small tracts in IL near subdivisions.

If you're not embarrassed that an animal you shot crossed onto property you don't have permission to hunt, you should be. It's just a matter of time before you are talking to an LEO about it.

As for the fine, once an animal crosses the property boundary you have permission to hunt on, you are faced with either wanton waste for not retrieving the animal, or trespass if the landowner chooses to pursue the charges. Trespass connected with hunting can, in many states, cost a hunter his/her hunting privileges.

Making a habit of this or being casual about this is a threat to hunting IMO.
How is it wanton waste if the animal crosses onto another property and the property owner won't let you cross to get it ? I still don't understand why I should be embarrassed if I took an ethical shot at an animal and it crossed onto another property and died quickly but the only reason I can't get it is the choice of another person ! In Michigan I have access to a 40 acre property and the landowner on one side is a hunter but also refuses to allow anyone to cross onto his property to retrieve game . He will take it for himself. We have talked to Game Warden and not once did he say oh you can't hunt on your property because a deer may cross the line and you won't be able to get it and that will cost you your hunting privileges and a charge of wanton waste !
 
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How is it wanton waste if the animal crosses onto another property and the property owner won't let you cross to get it ? I still don't understand why I should be embarrassed if I took an ethical shot at an animal and it crossed onto another property and died quickly but the only reason I can't get it is the choice of another person ! In Michigan I have access to a 40 acre property and the landowner on one side is a hunter but also refuses to allow anyone to cross onto his property to retrieve game . He will take it for himself. We have talked to Game Warden and not once did he say oh you can't hunt on your property because a deer may cross the line and you won't be able to get it and that will cost you your hunting privileges and a charge of wanton waste !
It's not the GW's place to tell you that you can or can't hunt on a piece of property if it's otherwise legal to do so. That's your decision to make.

Look up the definition of wanton waste in your state regs. In most states, it's clearly spelled out although most hunters never read their regs well enough to know about it. And yes, it's a violation. And no, I didn't write the regs so don't take it out on me.
 
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Here it is for Texas - spelled out pretty clearly if anyone bothers to actually read the regs. A lot of states have similar language. Sorry if this is new news to any of you who think you have some kind of right to trespass to retrieve the critter you shot. Maybe you do, but you'd better be sure is what I'm saying.


Waste of Game​

It is an offense (Class C misdemeanor) if a person while hunting, kills or wounds a game bird or game animal and intentionally or knowingly fails to make a reasonable effort to retrieve it and include it in the person’s daily or seasonal bag limit. It is an offense if a person intentionally takes or pos- sesses a game bird, game animal, or a fish and intentionally, knowingly, or recklessly, or with criminal negligence, fails to keep the edible portions in an edible condition. It is a Class A misdemeanor to fail to retrieve or fail to keep in an edible condition a white-tailed or mule deer, pronghorn, or desert bighorn sheep hunted: without landowner consent; from a vehicle, boat, or aircraft (including unmanned aerial vehicles) on a public road; at night; or with the aid of a light.

Retrieval of Game​

No person may pursue a wounded wildlife resource across a property line without the consent of the landowner of the property where the wildlife resource has fled. Under the trespass provisions of the Penal Code, a person on a property without the permission of the landowner is subject to arrest.
 
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Here it is for Texas - spelled out pretty clearly if anyone bothers to actually read the regs. A lot of states have similar language. Sorry if this is new news to any of you who think you have some kind of right to trespass to retrieve the critter you shot. Maybe you do, but you'd better be sure is what I'm saying.


Waste of Game​

It is an offense (Class C misdemeanor) if a person while hunting, kills or wounds a game bird or game animal and intentionally or knowingly fails to make a reasonable effort to retrieve it and include it in the person’s daily or seasonal bag limit. It is an offense if a person intentionally takes or pos- sesses a game bird, game animal, or a fish and intentionally, knowingly, or recklessly, or with criminal negligence, fails to keep the edible portions in an edible condition. It is a Class A misdemeanor to fail to retrieve or fail to keep in an edible condition a white-tailed or mule deer, pronghorn, or desert bighorn sheep hunted: without landowner consent; from a vehicle, boat, or aircraft (including unmanned aerial vehicles) on a public road; at night; or with the aid of a light.

Retrieval of Game​

No person may pursue a wounded wildlife resource across a property line without the consent of the landowner of the property where the wildlife resource has fled. Under the trespass provisions of the Penal Code, a person on a property without the permission of the landowner is subject to arrest.
According to that language, asking the landowner would be a reasonable effort, considering you can’t do anything else. There are several states that actually do give you a right to trespass to retrieve game, but no one has suggested doing so where it is not legal.
 
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According to that language, asking the landowner would be a reasonable effort, considering you can’t do anything else. There are several states that actually do give you a right to trespass to retrieve game, but no one has suggested doing so where it is not legal.
Of course asking the landowner is reasonable.
 
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I doubt that the fact that you cannot trespass to retrieve game is news to anyone ! The thought that you shouldn't hunt because game might cross a property line to an area you can't go is news to me as is the idea that I should be somehow embarrassed about it. Also the GW did not say hey bud its illegal to hunt on a property where game could cross a boundary where you can't retrieve it and then that would be wanton waste on your part. I believe that should be wanton waste on the part of the other landowner in my opinion !
 
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