Unable to retrieve animal due to private land and punching tag

[Yellowstoner]

Something I've been wondering for a while - if you shoot an animal and it crosses a property boundary and dies (say you can see the animal on the ground), but the landowner will not allow you to retrieve it, do you legally have to punch your tag? I realize there are ethical implications here as well - lets set those aside. I'm not speaking from personal experience, just wondering what Montana law says about it.

 

[pabearhunter]

I would call a game warden and get his opinion. He may be able to talk to the land owner.

 

[MTGomer]

Speaking of what’s ethical and not what’s legal, assuming this was all in good faith to hunt public land and something went awry, is it unethical to cross the fence real fast and get your deer, as opposed to having it lay there and rot?

 

[Labman]

In North Dakota you can retrieve the animal as long as you don’t take your weapon with you. One of the few cool laws ND has, along with an easement along every section line allowing public travel.

 

[LCH]

This happens a lot in Indiana, where a lot of parcels are only a few acres. If the landowner says no, you legally must leave it for the landowner to do as they wish, even if that means leaving it to lay and rot. If the deer cannot be legally retrieved, then the state considers your tag unfilled. You would not want to notch your tag here, as you must check every deer in and checking in a deer that you do not have possession of can open a whole can of worms.

Now ethically or morally, each must decide which is the right thing to do.. follow the law and allow the animal to go to waste, or risk a trespassing charge to grab your animal.

Most of these instances can be avoided by knowing your neighbors and not hunting right on the property line, especially if you know that said neighbor does not allow retrieval.

 

[Huntkook]

I was reading Montana's game laws pertaining to this. Nowhere is it stated that you must fill out the tag. If the landowner doesn't give permission than that animal must stay where it's at. The landowner also has no legal right to said animal. That is unless a tag is put on that animal.

 

[Rifles And More]

I would let the law guide me. As in, I would contact the Game Warden and let him try to resolve the issue and tell me what I need to do regarding my tag.

 

[3855WIN]

Remember that trespass with a firearm is a much more serious charge than without.

 

[Brian in Montana]

Growing up in west-central Texas, this happened frequently. I was very fortunate that my family owned 80 acres of oaks and brush. Wasn't much but it was enough for a kid to hunt on. The landowners in the area all knew each other. I crossed fences every so often for game retrieval and even shot over fences occasionally. There was an unspoken rule that everyone sort of tolerated this, as long as you weren't actively setting up to hunt on your neighbor's property. Things are different anymore, I understand.

But to the original question: if a game animal goes down on private property, I'd make every effort within the law to retrieve it, but if la couldn't, I wouldn't notch my tag. I'd keep hunting. There's nothing in the MT regs that says you must, so I'll go with that. I respect others that feel compelled to do so, I'm just not one of those.

 

[JMG]

I was reading Montana's game laws pertaining to this. Nowhere is it stated that you must fill out the tag. If the landowner doesn't give permission than that animal must stay where it's at. The landowner also has no legal right to said animal. That is unless a tag is put on that animal.

If in doubt ... call MT FWP and/or the local MT FWP Game Warden. I would venture to say that unless you have an animal to “hang” your license or permit .... you would have to cut out the date on the license or permit. If no animal ... you do not have to cut out the date.

 

[Rzrbck918]

Here, you can get the game warden to retrieve the game if the landowner won’t allow the hunter to retrieve it. Is that not the case everywhere?

 

[SaskHunter]

In almost any province or state, a game warden or conservation officer can retrieve an animal which has expired on private property where the owner won't allow passage.

When in doubt, contact a conservation officer.

 

[JLS]

In almost any province or state, a game warden or conservation officer can retrieve an animal which has expired on private property where the owner won't allow passage.

When in doubt, contact a conservation officer.

Not true in many western states.

 

[JLS]

87-6-413. Hunting or killing over limit. (1) A person may not attempt to kill, take, shoot, or capture or kill, take, hunt, shoot, or capture more than one game animal of any one species in any 1 license year unless the killing of more than one game animal of that species has been authorized by regulations of the department.

Nowhere in the law does it say the animal must be legally accessible in order to count towards your limit.

 

[Topgun 30-06]

What JLS said is definitely the case regarding the quote by the other member regarding GWs being able to go on private property to recover game.

 

[Topgun 30-06]

In North Dakota you can retrieve the animal as long as you don’t take your weapon with you. One of the few cool laws ND has, along with an easement along every section line allowing public travel.

That can also work to the detriment of the land owner if a person intentionally shoots an animal that is across the fence on that private property knowing that he can legally leave his rifle behind to go get the animal.

 

[Idahoarcheryhunter]

IF I have exhausted all options of retrieving that animal and within the law it does not say I have to punch my tag than no I am not punching that tag.

 

[stuckinthecitylife]

In almost any province or state, a game warden or conservation officer can retrieve an animal which has expired on private property where the owner won't allow passage.

When in doubt, contact a conservation officer.

Simply not true. No game Warden as any authority to trespass onto private property, without the property owner's consent.

 

[pointingdogsrule]

Simply not true. No game Warden as any authority to trespass onto private property, without the property owner's consent.

That must be Idaho. If the warden feels necessary then he (she) has the right to come on property in Iowa. Imagine if I had one deer tag and shot 5 deer. I could tell the CO that he (she) could not come onto my property. No fear of breaking any laws.

good luck to all
the dog

 

[Gr8bawana]

Speaking of what’s ethical and not what’s legal, assuming this was all in good faith to hunt public land and something went awry, is it unethical to cross the fence real fast and get your deer, as opposed to having it lay there and rot?

Whether you cross the fence fast or slow you are breaking the law. You've thrown ethics out the window when you decide to break the law because you think you will get away with it.
Ethics is what you do when you think nobody is watching, assuming you have any to begin with.

adjective
pertaining to or dealing with morals or the principles of morality; pertaining to right and wrong in conduct.
being in accordance with the rules or standards for right conduct or practice, especially the standards of a profession: