Crossing property lines

[Bob33]

Seems like if it was legitimentally shot on property you are legally allowed on, but crosses a property line you can't access without permission, then you ask permission and get denied, why is it if you have WDFW get involved, the property owner isn't or can't be charged at that point for knowingly wasting a game animal?

Seems to me, once they arevmade aware of the animal, their refusal to either let you retrieve it or them retrieve it for you becomes a violation on their part under the wastage laws...

This is a better way to put my "understanding".  I fully understand trespassing and would politely request to retrieve an animal.  I'm wondering if the WDFW officer could legally retrieve the animal.  If he had just cause as a officer of the law, he/she could enter private property, particularly if the blood trail proved it was shot on my side.

On a side note, I didn't realize how many people are able to make such a perfect shot that an animal drops right where it's hit every single time.  Maybe after I hit it, I'll ask it to please stay on my property if it's going to run.

The landowner of land on which an animal dies has no legal right to the animal, unless he legally killed it.

http://apps.leg.wa.gov/WAC/default.aspx?cite=232-12-287

He has no legal obligation to do anything. He is not obligated to allow anyone on his property to retrieve it. He may, at his complete discretion, allow someone on his property if asked. Most landowners would if approached politely and respectfully.

Of course no one makes perfects shots every time. The incidence of animals dying on someone else's property should be minimized by taking good shots, and not shooting at animals close to property on which it can't be retrieved.

[CP]

I participated in master hunter, damage control hunt a few years ago and the adjacent land owner was ferociously anti-hunter.  We were instructed in no uncertain terms that if an animal was shot and crossed the fence we were to immediately contact the WDFW officer coordinating the hunt and leave the retrieval to him.  He also made it clear that we would not be taking possession of any animal that crossed that property line.

The bottom line is:
 
RCW 77.15.435-

(3) Unlawfully hunting on, retrieving hunted wildlife from, or collecting wildlife parts from the property of another is a misdemeanor.

If convicted you will lose your license and hunting privileges for 2 years and your animal must be seized by fish and wildlife officers.

[h20hunter]

Dim...

I think you are clearly on the right path. If you think this may come up and know who to call that could assist with the recovery then that helps things if you are hunting a small area. Like the example CP noted there are plenty of folks that live in our state that would thumb their anti hunting nose at you out of spite and not think twice about blaming your for the wastage of the animal.

[HUNTINCOUPLE]

Have yourself a grappling hook and a long rope.........

[Bob33]

If you expect to be hunting close to property you don't have access to, it's generally better to talk with the landowner in advance. Tell him you will be hunting on property adjacent to his. Ask him if he would allow you to retrieve an animal that dies on his property, and how he can be contacted to gain that permission. You've demonstrated respect and responsibility, which goes a long ways in most instances.

I know a friend that did this for three years: asking the adjacent landowner if he would allow an animal that died on his property to be retrieved. In the third year, he told the hunter "I'm tired of you asking me every year - just hunt my property from now on."

[Blacktail Sniper]

I participated in master hunter, damage control hunt a few years ago and the adjacent land owner was ferociously anti-hunter.  We were instructed in no uncertain terms that if an animal was shot and crossed the fence we were to immediately contact the WDFW officer coordinating the hunt and leave the retrieval to him.  He also made it clear that we would not be taking possession of any animal that crossed that property line.

The bottom line is:
 
RCW 77.15.435-

(3) Unlawfully hunting on, retrieving hunted wildlife from, or collecting wildlife parts from the property of another is a misdemeanor.

If convicted you will lose your license and hunting privileges for 2 years and your animal must be seized by fish and wildlife officers.

Was He, the property owner or the Officer overseeing the hunt?

[dimlight85]

Thanks for the replies.  I just want to do the right thing by the landowner and the animal...and my freezer.

[CP]

I participated in master hunter, damage control hunt a few years ago and the adjacent land owner was ferociously anti-hunter.  We were instructed in no uncertain terms that if an animal was shot and crossed the fence we were to immediately contact the WDFW officer coordinating the hunt and leave the retrieval to him.  He also made it clear that we would not be taking possession of any animal that crossed that property line.

The bottom line is:
 
RCW 77.15.435-

(3) Unlawfully hunting on, retrieving hunted wildlife from, or collecting wildlife parts from the property of another is a misdemeanor.

If convicted you will lose your license and hunting privileges for 2 years and your animal must be seized by fish and wildlife officers.

Was He, the property owner or the Officer overseeing the hunt?

"He" was the officer - but "He" was relaying what the property owner had told him.

[Blacktail Sniper]

Thanks, interesting situation.

[CP]

Thanks, interesting situation.

Yes, interesting, and I was amused to watch the elk digging holes in the anti-hunter’s well cared for front lawn.

[ghosthunter]

It happen to me on a Master Hunter Hunt in Birdsview.
I sat all day waiting for elk to cross the fence in January. 3:30 pm over they come, I stalked to 60 yards.
Shot the lead cow heart lungs with a 30.06 .
She still made it back to the fence and jumped over died 50 yards over fence.
Guy watched me I had been warned not to cross.
Guy walked out to fence and asked if I killed the elk , yep I said sorry it went on your side. I will call the Game agent.

Guy said don't bother, come over and get your elk.  He was a renter of  the property, owner lived in Seattle.

[tgomez]

Instead of arguing or throwing out wild guesses why dont we call the game department and ask them? That would just be the smart thing to do.

[Rainier10]

Just to add a little to what most have already said, no you don't have a right to go get your animal.  It is your obligation to do everything you can to retrieve it.  Ask the property owner first, leave your firearm in the car when you approach and be polite.  Don't let the situation escalate if the owner is not open to it.  At that point you need to contact the WDFW to let them give it a try. This accomplishes a couple of things, number one it brings in an uninvolved person with no skin in the game, often this diffuses the situation.

Number two now you have contacted them first and told your side.  If you don't call the WDFW and just walk away the property owner could call them and report you for wastage.  It is a whole lot tougher to defend your actions at this point.

The other thing is that once the WDFW knows about it they will keep their eye on the carcass and make sure the landowner doesn't take the antlers or the meat for his own use.  It won't go to waste there are a ton of scavengers that will benefit from the dead animal.

Given the option of letting you retrieve the animal or having it sit and rot, stink and attract a bunch of scavengers to the area most of the time the landowner will give in and let you retrieve.

Just my 

[Bob33]

Instead of arguing or throwing out wild guesses why dont we call the game department and ask them? That would just be the smart thing to do.

The question has been fully answered.

[Woodchuck]

 
Multiple times.