Late Wyoming Elk Hunt

[bulgarbart]

As a high school football coach, my hunting time during traditional elk hunt dates is pretty limited. So this year I decided to take a different approach and apply for a later season hunt on the other end of the state.

I was fortunate enough to draw a late tag in the Shirley’s that runs much of the month of November. I know this unit has received a good deal of press prior to this year, so I’ve explored archived discussions on this and other similar websites. After doing a lot of scouting on OnX and Google Earth and speaking with Game and Fish’s regional biologist, I’ve narrowed my focus quite a bit to the south end of the unit. But I have a few questions in terms of accessibility, timing, habitat, and effective navigation of the checkerboard in the area.

It might be a long shot, but I’d love to connect with somebody who has hunted the area/season and see if I can get some insight into what to expect out of this hunt. I totally understand if people want to keep the information close to the vest, but would appreciate any information anyone is willing to share. I'm happy to keep the conversation on DM if that works best too!

I look forward to connecting with and sharing the results of this hunt with the hunttalk community! Here’s hoping for big beautiful winter range bulls!

 

[JM77]

Problem: Effective navigation of checkerboard land patterns.

Solution: Corner cross.

 

[jake23]

Problem: Effective navigation of checkerboard land patterns.

Solution: Corner cross.

I believe corner crossing is expressly forbidden in Wyoming.......

This is how I effectively navigate checkerboard; Find all county roads that go through the checkerboard areas. You can access any BLM that is touching the county road. That can open up a lot of ground to hunt. Keep in mind that the BLM may or may not be fenced. Every game warden and sherif of the counties I hunt in has said that if BLM is fenced, but it touches the county road, you are ok to hop the fence. But be aware that there may not be fence line that separates private from BLM. So you pretty much need a navigation with gps chip. Hope that makes sense.

As always, know the laws of the area you are hunting and look them up for yourself before going into the field. If unsure, call the warden or sheriff.

 

[madtom]

I’m guessing the biologist mentioned this, but make sure to apply for the Beer Mug HMA slip before the deadline. That will address some of the checkerboard issue.

 

[NoWiser]

Corner crossing is not expressly forbidden in Wyoming.

 

[JM77]

I believe corner crossing is expressly forbidden in Wyoming.......

And this belief is based on what? Certainly not the facts...

If you access checkerboard by public access roads only, you are not "effectively" navigating.

 

[sdkhunter]

And this belief is based on what? Certainly not the facts...

If you access checkerboard by public access roads only, you are not "effectively" navigating.

If border hoping has become legal (and don't get me wrong I think with GPS in hand it should be) - I'd love to know.... It's my understanding that most Wardens will issue tresspass violations if the adjacent landowner complains....

Corner hopping ruled a trespassing offense in Wyoming

CHEYENNE, Wyo.- A new online map that shows state lands in unprecedented detail offers fresh fodder for an old debate in Wyoming over which of those lands are accessible on

billingsgazette.com

‘Corner-crossing’ bill will carry hefty consequences

Landowners argue that by crossing at the corner, you trespass on the air space above the private land

www.greatfallstribune.com

 

[LopeHunter]

I think the deputy will issue citations for corner crossing in WY more often than F&G officer. Likely varies by county and the LEO that is called to the scene by the landowner. I have never had either type of LEO called on me in WY nor have I been ticketed when park along a roadway and hop the fence to access public. I try to find public access that everyone would concur is kosher though have been creative now and then. These discussions were more feisty while TopGun was alive. RIP, Mike.

 

[jtm307]

If border hoping has become legal...

It was never explicitly illegal. Read Wyoming criminal trespass statutes.

 

[JM77]

I think the deputy will issue citations for corner crossing in WY more often than F&G officer. Likely varies by county and the LEO that is called to the scene by the landowner. I have never had either type of LEO called on me in WY nor have I been ticketed when park along a roadway and hop the fence to access public. I try to find public access that everyone would concur is kosher though have been creative now and then. These discussions were more feisty while TopGun was alive. RIP, Mike.

Please share with us one time that you know of, not just think, that someone was ticketed for the act of corner crossing in Wyoming. I can name one: Bill Kearney in September 2003 and he was found not guilty in Albany County.

 

[BuzzH]

This subject gets old...there isn't a warden in Wyoming that will scratch a corner crossing ticket. Check into Pat Crank's legal opinion on corner crossing to hunt, the past State AG and now GF commissioner. Cliff notes version, the opinion stated that there has to be intent to trespass to hunt. If you're crossing a corner of public land to another corner of public land, there is NO intent to trespass to hunt (according to Crank's legal opinion).

As such, wardens flat will not write a corner crossing ticket.

I've heard of one case of a warden in recent times citing for corner crossing, and before the ink was dry on the ticket, it was thrown in the trash by then GF Director Talbott. Not heard of it happening since, and in personal conversations with wardens all over the State, they wont ticket for it.

There is still an outside chance that a person would potentially be ticketed by a sheriff, but highly likely to be thrown out by prosecutors, many will flat tell you that they wont prosecute corner crossing.

Its still a bit of a gray area, but not gray enough for me to be afraid to jump a corner to access MY PUBLIC LAND.

Its 100% not a GF violation.

 

[bulgarbart]

This subject gets old...there isn't a warden in Wyoming that will scratch a corner crossing ticket. Check into Pat Crank's legal opinion on corner crossing to hunt, the past State AG and now GF commissioner. Cliff notes version, the opinion stated that there has to be intent to trespass to hunt. If you're crossing a corner of public land to another corner of public land, there is NO intent to trespass to hunt (according to Crank's legal opinion).

As such, wardens flat will not write a corner crossing ticket.

I've heard of one case of a warden in recent times citing for corner crossing, and before the ink was dry on the ticket, it was thrown in the trash by then GF Director Talbott. Not heard of it happening since, and in personal conversations with wardens all over the State, they wont ticket for it.

There is still an outside chance that a person would potentially be ticketed by a sheriff, but highly likely to be thrown out by prosecutors, many will flat tell you that they wont prosecute corner crossing.

Its still a bit of a gray area, but not gray enough for me to be afraid to jump a corner to access MY PUBLIC LAND.

Its 100% not a GF violation.

I appreciate the inclusion of legal precedent into the argument. Thanks!

 

[Cornell Cowboy]

Please share with us one time that you know of, not just think, that someone was ticketed for the act of corner crossing in Wyoming. I can name one: Bill Kearney in September 2003 and he was found not guilty in Albany County.

I think there's a functional answer and a technical answer. Functionally, you "might" still get cited by a LEO, but it might not hold up in court--so technically it could be legal. I think BuzzH is right--a warden might wouldn't write you a ticket. Here's WY G&F stance on it https://wgfd.wyo.gov/Public-Access/Access-Summary. Note the vagueness of the description: The game and fish trespass statute prohibits a person from entering private land to hunt or intend to hunt without permission. In Wyoming, some public lands adjoin by only the corners of the public land parcels touching. In 2004, the Wyoming Attorney General’s Office issued an opinion that “corner crossing” from one parcel of public land to another in order to hunt that other public parcel, depending on the factual situation involved, may not violate the game and fish trespass statute, but may be a criminal trespass violation. The factual situation would include whether the person doing the “corner crossing” was hunting or intended to hunt private land at the time the corner was crossed.

Here's a Casper Star-Tribune article on it: https://trib.com/news/state-and-reg...cle_b4216b8b-28c2-5567-8914-e73f47ac69a0.html. Basically, if you're only using a GPS, you could probably still be cited because even if you're +/- 10 feet, you are still trespassing. I haven't corner jumped, but if I did, I would want to see a surveyor pin/marker to stand up in court. Basically, if the landowner can find your footprint on his land, you trespassed. Note that when Bill Kearney was acquitted, he had found the survey pin https://billingsgazette.com/news/st...cle_63cab769-4d7b-599d-a293-ff221e356a5e.html.

If you do, I would suggest a picture of the survey pin and the stomach/finances for a legal battle that you'll likely win.

 

[BuzzH]

The bolded part isn't right either, crossing from corner to corner does NOT violate GF trespass statute, and why they wont write for it.

Its also not the responsibility of the hunter to prove his innocence in a corner crossing case, but the job of the prosecutor/landowner to prove you DIDNT step directly over a corner. In the case of a pin not being there, how in the hell does a prosecutor prove that you didn't cross directly over the corner? Its really easy for me to present a GPS track that goes directly over the corner. Nearly impossible for a landowner/prosecutor or sheriff to prove you didn't. In particular if they corner isn't surveyed in, your GPS is just as accurate as theirs.

I would maybe consider saving my GPS track, but other than that...I'd like to watch a prosecutor present proof that I didn't cross right at the corner.

 

[jvanderlinde]

Ive done it, never been confronted about it though. I had some other hunters watch me in disbelieve as i parked my truck and hopped that corner as i went on my merry way...

 

[timmy]

I’ve had the tag you don’t need to corner cross to kill an elk if you don’t want to. Cool tag have fun!

 

[BuzzH]

I’ve had the tag you don’t need to corner cross to kill an elk if you don’t want to. Cool tag have fun!

Things have changed...big-time.

 

[timmy]

Things have changed...big-time.

Gotcha I had it in 2016

 

[JLS]

Its also not the responsibility of the hunter to prove his innocence in a corner crossing case, but the job of the prosecutor/landowner to prove you DIDNT step directly over a corner.

This is a really key point. You are innocent until proven guilty. In a case like this, if there is no pin, the only viable way to pursue prosecution would be to 1) Have a visible footprint, 2) memorialize it in some way, and 3) get a survey done to locate the true corner. Might be tough to do this and meet the rules for a speedy trial.

 

[Carl 9.3x62]

Things have changed...big-time.

Not enough to warrent corner crossing. I had the tag last year. I know the Beer Mug has been reduced in size substantially this year, but there are still plenty of accessible elk.