Game cameras during MT seasons?

[mtlion]

I thought it was illegal to use game cameras during an open season?

http://billingsgazette.com/lifestyles/recreation/trail-cam-captures-lion-family-in-sapphire-mountains/article_082aa02a-27c9-5260-9dc7-21498a3ce685.html

So why is this guy using one during archery season? It says some photos were dated Sept 24 and show and elk in the background.

 

[SWMontana1]

You can have cameras up during hunting season on private land as long as you are not hunting over it or using it as an aid/influence to your hunting. Looks like he is "scouting" for elk as of late September though..... not sure the legailty of this.

 

[mtlion]

Are you sure about that?

Motion-Tracking Devices and/or
Camera Devices
It is illegal for a person to possess or
use in the field any electronic or camera
device whose purpose is to scout the
location of game animals or relay the
information on a game animal’s location
or movement during any Commission adopted
hunting season.

There is no distinction between public or private and it says he was using them to scout elk. Just makes me wonder???

 

[SWMontana1]

I would guess illegal since he is using it to scout for elk..... I'm also guessing a lot of this goes on, especially on private land.

 

[MThuntr]

I wonder if a game warden will stop by his place in the next couple days.

 

[mtlion]

I would guess illegal since he is using it to scout for elk..... I'm also guessing a lot of this goes on, especially on private land.

I was just wondering. I have a buddy who owns some prime whitetail ground and all of his cameras come in the day before any seasons open.

 

[tjones]

Game laws are game laws, does not matter if it is public or private.

 

[SWMontana1]

I was just wondering. I have a buddy who owns some prime whitetail ground and all of his cameras come in the day before any seasons open.

I think there is a huge difference between just having a camera up to view the pictures and having a camera up with the intent to use it to your advantage during the hunting season. When I talked to a warden a few months back he told me that I could have a camera up during hunting season, on private land, if and only if, I wasn't hunting over it or using it to my advantage. His advice: not hunting anywhere near I knew my camera was.... Unfortunately, private land owners can pretty much do whatever they want, usually getting away with it.... how would anyone ever know if some guy was hunting over a cam a few miles back? Only person that could "catch" them would be a trespasser....

 

[dustinf]

Game laws are game laws, does not matter if it is public or private.

Unless the animals are considered "domestic" and are separated from wild game by a high fence.

At least that's the way it is in Pennsylvania.

 

[tjones]

Unless the animals are considered "domestic" and are separated from wild game by a high fence.

At least that's the way it is in Pennsylvania.

"Game cameras during MT seasons? " is the orginal title of the thread.

Guess I assumed we were talking Montana.

 

[putm2sleep]

They should only be legal in Texas. There was some NR idiot that had one up during 1st season here in Colorado. I was not sure if it was legal practice, or not?

 

[dustinf]

"Game cameras during MT seasons? " is the orginal title of the thread.

Guess I assumed we were talking Montana.

Sorry, I forgot that everyone from Montana knows everything.

 

[thecrittergitter]

Yea, going to assume someone will be having a warden show up to visit the guy soon tjones is right, doesn't matter public or private, still not legal. And SWMontana, according to the law the way it is written, doesn't matter how you use it, its illegal. Hunting over it or not. Now that being said, I think its a stupid law. I can see them making it illegal to use the ones that send messages back to you via satellite or whatever but standard cameras should be allowable in my opinion. We have had some set up on our property before to catch trespassers that kept sneaking in and didn't use it all for animals but still had to start taking them down because of the stupid rule.

I sure hope this gets changed sometime but I highly doubt it will. Really, by the way the law is written, that guy can even be busted for the August 20 pictures because there is an antelope season going then.......even though there are probably no antelope within 200 miles of that camera, they don't specify by game animal..........

 

[SWMontana1]

It would ideal if all wardens were on the same page and deciphered the laws the same way. Can't count the times that I have talked to one warden and gotten differnet information from another... Can we get on the same page??? C'MON MAN!

 

[belly-deep]

Yea, going to assume someone will be having a warden show up to visit the guy soon tjones is right, doesn't matter public or private, still not legal. And SWMontana, according to the law the way it is written, doesn't matter how you use it, its illegal. Hunting over it or not. Now that being said, I think its a stupid law. I can see them making it illegal to use the ones that send messages back to you via satellite or whatever but standard cameras should be allowable in my opinion. We have had some set up on our property before to catch trespassers that kept sneaking in and didn't use it all for animals but still had to start taking them down because of the stupid rule.

I sure hope this gets changed sometime but I highly doubt it will. Really, by the way the law is written, that guy can even be busted for the August 20 pictures because there is an antelope season going then.......even though there are probably no antelope within 200 miles of that camera, they don't specify by game animal..........

The law quoted by mtlion says:

Motion-Tracking Devices and/or
Camera Devices
It is illegal for a person to possess or
use in the field any electronic or camera
device whose purpose is to scout the
location of game animals or relay the
information on a game animal’s location
or movement during any Commission adopted
hunting season.

I don't think the intent was to ban security cameras. The burden of proof is on the state to prove the cameras was put up with the purpose of hunting animals.

 

[TLC]

Yea, going to assume someone will be having a warden show up to visit the guy soon tjones is right, doesn't matter public or private, still not legal. And SWMontana, according to the law the way it is written, doesn't matter how you use it, its illegal. Hunting over it or not. Now that being said, I think its a stupid law. I can see them making it illegal to use the ones that send messages back to you via satellite or whatever but standard cameras should be allowable in my opinion. We have had some set up on our property before to catch trespassers that kept sneaking in and didn't use it all for animals but still had to start taking them down because of the stupid rule.

I sure hope this gets changed sometime but I highly doubt it will. Really, by the way the law is written, that guy can even be busted for the August 20 pictures because there is an antelope season going then.......even though there are probably no antelope within 200 miles of that camera, they don't specify by game animal..........

does anyone have a clue as to why this is illegal? mine are set up year round. not only can I get spring photos of yung'uns, as someone else said, great for watching for trespassers.

 

[Straight Arrow]

"does anyone have a clue as to why this is illegal?" TLC
Use of electronic devises for monitoring or aircraft for spotting then hunting is pretty much established as an unfair advantage in hunting. 'Guess common sense is not so common.

If your place is as large as some Montana ranches and you shoot an elk twenty miles from where your camera is set up, likely you won't have a problem. However, if your camera is set up on your twenty acres and you shoot an elk there, then it's hard to make a case that the camera was not a factor.

As far as private property hunting ethics, I think the following quote says it clearly.
Aldo Leopold: “ Ethical behavior is doing the right thing when no one else is watching-

 

[MontanaWild]

I've heard wardens say that it's ok to have them up for elk during the antelope season as long as there is no chance that antelope would or could inhabit the area where you camera is. Basically if you are targeting an animal that isn't in season yet you would "probably" be ok. Depends on the warden. That's just what I've heard.

 

[dustinf]

Aldo Leopold: “ Ethical behavior is doing the right thing when no one else is watching-

Who determines the right thing?

I believe that trying to bow kill anything over 40 yards is unethical. Yet, there are plenty of people that think 80 yards is ethical. It's not defined in writing and Mr. Leopold is dead.

 

[Straight Arrow]

"Who determines the right thing?" That question illustrates the complexity of hunting and every other venue in the world today. It used to be right and wrong was much more clearly distinguished (esp with hunting ethics), but since "Slick Willy's" statement "It depends on the definition of it." and similar ambiguous expressions, little seems clear. As previously stated, 'guess common sense is not so common any more.

Yes, Leopold is deceased, but for a great many of us, his quotes still resonate soundly.