Land Owners Posting Public Land

[Bob33]

The RCW pertaining to illegal posting that was repealed in June 2012 was 77.15.220. It read as follows:

(1) A person is guilty of unlawful posting if the individual posts signs preventing hunting or fishing on any land not owned or leased by the individual, or without the permission of the person who owns, leases, or controls the land posted.

     (2) Unlawful posting is a misdemeanor.

As for "accidentally" drifting onto private land: if the land is posted, fenced, or not apparently unimproved and unused, then you can be cited for trespass. Conversely, RCW 9A.52.010 states that “A person who enters or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, does so with license and privilege unless notice against trespass is personally communicated to him or her by the owner of the land or some other authorized person, or unless notice is given by posting in a conspicuous manner.”

As of June 2012 there is a new provision pertaining to trespass that applies to hunters: RCW 77.15.435. This law allows a hunter to access private land to retrieve wildlife under certain conditions. The hunter may claim a defense against trespass if “The actor, after making all reasonable attempts to contact the owner of the premises, retrieved the hunted wildlife for the sole purpose of avoiding a violation of the prohibition on the waste of fish and wildlife as provided in RCW 77.15.170. The defense in this subsection only applies to the retrieval of hunted wildlife and not to the actual act of hunting itself.”

[Tman]

"after making all reaonable attempts to contact the owner""...

Wonder what some people will call reasonable?

[Bob33]

If it was not readily evident who owned the property, I would probably try to call the local WDFW enforcement officer first and give him a heads up, and ask him if he knows how to contact the landowner. Next I would knock on doors on the property if possible. If there is a phone number, call it. Ask neighbors. If all that results in no progress, then I'd go get the animal and accept the consequences.

[6x6in6]

Phool, MT has a rarely exercised law that allows the County Commissioner to basically abandon a County road if that road does not serve multiple landowners and/or the abutting landowners agree to assume it's maintenance. 
Call the county commissioner and get the details as to why this specific road is posted with a no trespassing sign.

[6x6in6]

And then let me know where the road is.   

[huntnphool]

And then let me know where the road is.   

[Bean Counter]

so that means its just an infraction if a hunter accidentally drifts onto private land from public while hunting ?

Never said that.
It is an infraction if someone posts land that is not their land or they post the land without the permission of the landowner.

He was being facetious... the penalty for knowingly posting land that is not yours should be worse than accidentally trespassing.   

 

[Tman]

If it was not readily evident who owned the property, I would probably try to call the local WDFW enforcement officer first and give him a heads up, and ask him if he knows how to contact the landowner. Next I would knock on doors on the property if possible. If there is a phone number, call it. Ask neighbors. If all that results in no progress, then I'd go get the animal and accept the consequences.

exactly why your a responsible hunter with sound reasoning skills. I bet most wont make half the effort..

[6x6in6]

It's also possible that the road could be what is called a management agency road.  But, even if that is the case, the no trespassing sign and the rancher telling people no access is incorrect.  It isn't his gig to enforce.

[bow-n-head]

Dealing with the same thing. This is why I hate ranchers. They say one bad hunter ruins it for everyone. It works both ways.

[boneaddict]

i think when they started charging Trespass fees or whatever you want to call them, there started to be a whole lot more of "bad hunters" and more signs.