Retrieval of game from private land in Montana

[Forkyfinder]

Curious if anyone has had issues with dying animals running onto private and the landowner not letting you retrieve it.

Heard of this in the breaks but don't have any first hand accounts.

 

[R.K.]

What about absentee landowners, and you can’t get in contact with anyone?

 

[Straight Arrow]

I once shot a nice muley buck on Thanksgiving morning up at the head of a drainage off Brackett Creek in National Forest. He went down, but then jumped up and headed up the ridge to the next drainage over. I followed his blood trail for hours, finally killing him down below me on the private Double D Ranch. I tagged him, dressed him out, and headed for the cabin near the county road, apologizing for trespassing to the old cowboy staying there. 'Told him I would hike back the five miles to my pickup, then come back and retrieve the tagged deer ... 'only take me ten minutes on the ranch. He told me to drag the deer back up over the steep mountain from where I had hiked all day, as that's what he would do as a young hunter (bullshit! no way!) I told him I would go talk to the lady who owned the ranch and as I knew she was much more cordial, I was certain she would give permission. The cantankerous old cowboy told me she was fixing dinner, so don't bother her or he'd make me pay!
So I stomped off, hiking with a pissy mood all the way back to my pickup. I drove back, stowed my pickup down on Skunk Creek Road, took off all my camo, sneaked back up through the timber and retrieved my deer. Arriving home after dark, my wife asked where the heck I'd been all day and informed me that turkey dinner with all the trimmings was history! I replied, "Don't even ask!"
Point is that I think most landowners are reasonable, but if you run into the hired help, then you got a problem!

 

[elkhuntinfool78]

I don't typically hunt very close to any private land boundaries. I do know of a guy that lost a pretty decent bull that he had shot on private land that he was allowed to hunt on. The bull jumped the fence and died on the neighbors property about 40 yards from the fence. He was not allowed to retrieve the animal.

 

[Stifler]

the landowner has to give the animal back (edit or let it rot). if it was lawfully taken. According to the Montana Code Annotated 2023, a person may not possess, ship, or transport all or part of any game fish, bird, game animal, or fur-bearing animal that was unlawfully killed, captured, or taken. This means that the landowner cannot keep the animal that you legally shot on public lands, even if it died on their property. However, you still need to get permission from the landowner before retrieving the animal, as hunting or trespassing on private land without permission is illegal. If the landowner refuses to give you permission or tries to keep the animal, you should contact Montana Fish & Wildlife for assistance

Edit: I'm not the law your right but this is how I would interpret the law. Add or let it rot. I also never said you could trespass

 

[Forkyfinder]

the landowner has to give the animal back if it was lawfully taken. According to the Montana Code Annotated 2023, a person may not possess, ship, or transport all or part of any game fish, bird, game animal, or fur-bearing animal that was unlawfully killed, captured, or taken. This means that the landowner cannot keep the animal that you legally shot on public lands, even if it died on their property. However, you still need to get permission from the landowner before retrieving the animal, as hunting or trespassing on private land without permission is illegal. If the landowner refuses to give you permission or tries to keep the animal, you should contact Montana Fish & Wildlife for assistance

My understanding was that the land owner could make you leave it lay there... thats really not true? I guess i dont necessarily agree that the code your referencing applies that way. Do you know of examples? Would love to be wrong about this.

 

[Straight Arrow]

Would love to be wrong about this.

'Don't think you are. No lawyer here, but a student of Montana Code, I'm pretty sure Visiting Hunter is misinterpreting that statute.

 

[BuzzH]

Easiest way to deal with this situation is don't let it happen from the get-go.

If you're going to hunt boundaries, plant a bullet appropriately where there's no chance of an animal jumping a fence.

Isn't complicated, unless you make it that way.

 

[Straight Arrow]

This means that the landowner cannot keep the animal that you legally shot on public lands,

No, it does not mean that.

 

[Stifler]

Sure in theory if landowner let it lay and didn't touch it. I never had this happen. And I do mention calling fwp. Get the law on your side from the start if there's conflicts.

 

[Dakotakid]

Montana law does not allow trespassing to retrieve harvest.

 

[Stifler]

My understanding was that the land owner could make you leave it lay there... thats really not true? I guess i dont necessarily agree that the code your referencing applies that way. Do you know of examples? Would love to be wrong about this.

I don't my wife got a whitetail a couple years back now. it was shot on public, died on private. I'm not sure how it really made it anywhere besides maybe 50 yards but it went about 450 it was a great vital shot.. landowner grumbled about it a little and wanted us to field dress it where it was. but we packed it out the way we came in on public. trying to be as polite as we could about it. Didn't ask to go threw his property more then we had to. but 20 feet is 20 feet. We also walked all the way back out down his driveway to ask if it was okay. and back out his driveway back into the public to not walk his fields. And dropped a few steaks off when we were done butchering about 2 weeks later. Sounds like the area is hounded and he said it gets hit alot... it was also the last day of the season so im sure it would be annoying. we choose to not go back to this area but we just had 1 baby and my wife was pregnant again for context so she wasn't looking to go on big hunts but wanted to get out still.

I guess I never heard of landowners letting a animal rot in spite. Its usually a inexperienced hunter accident. I also remember granted some time ago now 20yrs.. in hunters ed they go over this and told us if the landowner will not let you retrieve your animal to call fwp and they will help you recover your animal.

 

[Straight Arrow]

Get the law on your side from the start if there's conflicts.

The worst thing you can do is to post on a hunting forum with a misinterpretation of state law regarding trespass and private property rights, potentially advising young inexperienced hunters with erroneous information which may very well create conflicts.

 

[Doublecluck]

We hunt near property lines a lot, always use more gun and bullet than necessary in those instances, hasn’t been a problem in rifle season. In fact like half the videos/photos I have you will see a property line fence in it. Archery is a whole different story, in the last 8 years it’s happened 4 times on bulls I called in for friends in a checkerboarded areas we hunt. 2 of the bulls were recovered with landowner/outfitter permission, one was dead in sight 212 yards past the fence, we got told to pound sand, landowner told the GW to pound sand as well and not to enter her property without a warrant. One was never found and likely never died as we searched for 2 days with landowner and their dogs, blood was marginal at best from the beginning, which was strange because shot looked perfect in the video minus good penetration (1/2 shaft). Watch for that shoulder if they are quartering with that front leg set back, it’s further back than you would think, 80lb Matthew’s at 27 yards. Guy sold his bow and hasn’t archery hunted since. My advise is take video with your phone, in all those instances there was zero doubt we shot them on public as we had blood and video proof.

 

[Straight Arrow]

landowner told the GW to pound sand as well

Interesting in that it illustrates that the state game warden cannot trespass without permission for retrieval or whatever reason.

 

[Stifler]

Montana law does not allow trespassing to retrieve

The worst thing you can do is to post on a hunting forum with a misinterpretation of state law regarding trespass and private property rights, potentially advising young inexperienced hunters with erroneous information which may very well create conflicts.

I never said you could trespass. The way that is written very literally should mean exactly what I said...the landowner couldnt legally move it after it was lawfully killed... they would have to let it rot. Or give it back.. I dont know your right. But if you read it very literally thats how i would interpret it. you would have to ask permission. Permission denied. Okay call fish and game. I don't know what happens after that. I'd be curious to have someone comment that has had first hand experience with a authority coming out.

Il edit the post I see where i was wrong but in the literal sense that's how I would interpret it

 

[Doublecluck]

Interesting in that it illustrates that the state game warden cannot trespass without permission for retrieval or whatever reason.

It was a pretty heated conversation from my understanding, I still don’t fully understand the legalities of it, but clearly he was intimidated by whoever they were or whatever rights they had.

In one of those other instances the GW was called because my friend couldn’t reach the LO and the GW pretty much told him he was sure we would be good to go once he talked to the landowner as it had happened in the past, and that was the case.

 

[Straight Arrow]

I never said you could trespass. The way that is written very literally should mean exactly what I said...the landowner couldnt legally move it after it was lawfully killed... they would have to let it rot. Or give it back.. I dont know your right. But if you read it very literally thats how i would interpret it. you would have to ask permission. Permission denied. Okay call fish and game. I don't know what happens after that. I'd be curious to have someone comment that has had first hand experience with a authority coming out.

Il edit the post I see where i was wrong but in the literal sense that's how I would interpret it

Don't mean any disrespect, nor do I care to engage in a term by term debate regarding wording. I'm just real certain that you are misreading and misinterpreting that particular statute. When it comes to trespass and property rights it's generally not wise to rely on your limited opinion ... especially in today's private land-wildlife habitat environment!

 

[BRI]

About 15ish years ago a buddy was hunting an area adjacent to private. It was tall sagebrush and he didn't see the fence. Shot a bull about 50 yards on the private side. The landowner was watching and raced up there on his horse started screaming. GW was called and my buddy was told he had to pack out the bull (back the 3 miles he'd hiked in) and call the GW when he had. He then met up with the GW where the elk was confiscated and he was fined.

 

[Dsnow9]

I agree with @BuzzH. If you are hunting boundaries make sure you are going to drop that animal. That means getting into a range that you know you won’t make a mistake and wait for the perfect shot. If it doesn’t work out and you miss the opportunity so be it. Nothing is worth letting an animal rot in the field.

I’ve hunted a lot of boundaries the last couple years and have passed on a few shots for sure. When I’m dialed and know I want a certain animal I have dropped some very close to a boundary. But my shot placement was to immobilize the animal not just double lung