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Author Topic: Legal to hunt railroad tracks?  (Read 20158 times)

Offline bigtex

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Re: Legal to hunt railroad tracks?
« Reply #30 on: November 21, 2012, 09:06:05 PM »
I see plenty of guys walking the tracks that border my land to the east.  I wish I could say they were just walking from point A to point B, but experience has told me that's not the case.  50 feet on either side of the tracks is an awfully narrow lane to drop a deer, assuming your plan is to drop it where it stands so that it doesn't wander off and die on private property that you don't have access to.

I've lost track of how many times I (and my property neighbors) have caught people that wandered in off the tracks because they either saw an animal, or because it was just too tempting to hop off the tracks and up the ridge to see what's on top.

Is it actually legal to hunt the tracks?  I honestly don't know.  What I do know from my observations is that hunting the tracks more often than not leads to trespassing on land people know dang well they shouldn't be on

And there in lies part of the problem. It is absolutely illegal to be on the tracks little own be hunting from them, its private poperty and people are trespassing plain and simple. How do know I this? Because I have worked for the RR (BNSF) for the past 7 years. You guys want a for sure answer, I will email one of our special agents and ask what kind of penalties you'd be looking at if you got caught!

Railroad Police (as they are known in WA, and many states) are certified WA st peace officers. RR Police Officers in WA use your local county courts (just like state agencies) and can enforce state laws. While they are not technically federal officers, they do have the authority to cross state lines. They were given expanded authority by congress in 1990 which allowed them to enforce all state and local laws on RR property, prior to this the crime had to actually impact the RR property (such as trespassing), however RR police now have the authority to enforce all laws on their property.

In addition, just like federal or limited authority agencies (such as DNR) RR Police Officers can seek expanded authority from the county sheriff to have authority off of RR property.

My point? If you are caught for trespassing on RR property it would be the same offense as if WDFW, WSP, or a County SO caught you, in fact your case would be heard in the same county court as the other agencies.

Offline CedarPants

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Re: Legal to hunt railroad tracks?
« Reply #31 on: November 21, 2012, 09:56:24 PM »
Great info. Thank you BigTex

Offline mdbuck5x5

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Re: Legal to hunt railroad tracks?
« Reply #32 on: November 26, 2012, 06:39:57 PM »
Once last response and I'll leave this topic alone. I'm not telling anybody what and what not to do but I just want to make sure you all know the law. Like I said before I would email one of our agents and I did get a response from him today and in short this is what he said.


"BNSF as well as all other railroads have a zero tolerance for trespassing on the actual tracks, including the right of way. Persons on the track or right of way are trespassing and subject to a criminal trespass citation and or criminal trespass arrest. The area does not need to be posted as railroad property and is considered "improved" per RCW 9a.52.080"

Offline Skyvalhunter

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Re: Legal to hunt railroad tracks?
« Reply #33 on: November 26, 2012, 06:41:39 PM »
Same answer I was given when talking to Tracker about it. He works for the railroad also
The only man who never makes a mistake, is the man who never does anything!!
The further one goes into the wilderness, the greater the attraction of its lonely freedom.

Offline mdbuck5x5

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Re: Legal to hunt railroad tracks?
« Reply #34 on: November 26, 2012, 06:46:25 PM »
Same answer I was given when talking to Tracker about it. He works for the railroad also

 :chuckle: We know each other!

 


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