Ivar's First Coyote of the Season- and some lessons learned

[Sidewinder]

Nice post Ivar. Too bad about the no hunting issue. Let's get together, I sent you an email about hunting this week.

[Machias]

So did you cross a fence?  Is the area cultivated?  Is it posted?  If none of the above all they can do is ask you to leave.  If it is fenced, cultivated or posted then you could have problems.

[Machias]

Actually looking back at the photos, it does appear to be fenced, you could have an issue.  Nice yote. 

[700xcr]

So did you cross a fence?  Is the area cultivated?  Is it posted?  If none of the above all they can do is ask you to leave.  If it is fenced, cultivated or posted then you could have problems.

I have talked with the law on this issue. Property in the State of Washington does not have to be fenced, posted or cultivated to be charged with trespassing if landowner so desires. It is up to each own individual to get permission to be on private land. Go to County Seat and they will be able to tell you or supply (with small fee) you with a map of the area that will tell you of private lands verses State ground.

[ivarhusa]

Yes, there was a fence.  I was sitting on the side where I hadn't had to cross one.  To pick up the coyote I let myself through an unlocked gate. Not a defense really, but I believe coyote hunters are helping ranchers. Surely, there are slob hunters who leave gates open and such, and they give us all a bad name. I am not that slob, but land owners surely do deserve the respect of controlling who enters their property.  No question about that.

[700xcr]

Ivarhusa, I pm'ed you with some information.

[Machias]

What part of the post are you having difficulty with Miles, I'm just stating the truth.  I really don't give a rats ass what some local LE has to say about it.  The law was written to protect landowners from illegal tresspass as well as protecting individuals who have no intent on tresspassing.  There are pieces of property an honest individual can wander onto without having a clue he's entered onto private property.  He can be asked to leave and if he doesn't he will be charged, but he is NOT subject to the whims of whatever the landowner feels like on that day.  Read the RCWs, if land is NOT posted, not cultivated and not fenced you cannot be charged with criminal tresspass unless you refuse to remove your butt.  It amazes me how many folks take every word of LE as the complete gospel.

[Machias]

Yes Miles, that is the way the criminal and WDFW rules/laws are written.  It's not an open invitation to go whereever you please, but you cannot be criminally held accountable if there is no way an honest person can tell if it's private or not.  I'll do a little photo essay for you this weekend and show you various photos and you tell me which is legal to hunt on and which is not and I bet you won't be able to get most of them right.  I have State Land near my house that is fenced, cultivated and some that has cattle on it, but your allowed to hunt it.  And I can show you photos of National Forrest property that changes to private and then back to National Forrest and you can't tell the difference.  Miles read the WDFW hunting pamplet and the RCW on Criminal Tresspass if you do not believe me.

[bobcat]

I think they've been lying to us hunters all these years, even in hunter education class. Telling people that "landowners are not required to post their property."

Which is true- they don't have to post it, but if it's not posted, cultivated, or fenced, then a person cannot be cited for trespass. The landowner can come out and notify you that you are on private land and that you're not welcome there, and you must leave. But you won't be charged with trespassing.

It is true that hunters should always know the ownership of the land they are hunting on, and to be careful to not cross onto land that is either not public or that you do not have permission to be on. I think the WDFW stresses the "strict trespassing laws" because it's important for hunters to be conscientious in regards to not trespassing where we're not welcome, in order to maintain good landowner-hunter relations throughout the state.

BUT, the law really is not as strict as they try to make it out to be.

[Machias]

You do need to know where you are and who's land your on, it's NOT an open invitation to say well I know it's private property, but too bad so sad he doesn't have it posted, cultivated or fenced so I can hunt where ever I want, What I'm saying is if those three things are not met they cannot Criminally charge you, they can ask you to leave and if you come back or don't leave when asked then you can be hooked up.  

Here is from the WDFW Hunting Pamplet:

Private Lands
It is unlawful to trespass. State hunting
regulations apply to hunting private land, but do not
guarantee access. Entry onto any lands which are
fenced, posted, cultivated, or used for commercial
agricultural crops or aquaculture without permission
is considered trespass. Some private landowners
(individuals or corporations) have chosen to deny
access to, or across, their property. Check with
landowners before entering their property. It is
always best to obtain landowner permission before
entering private property.

The RCW on Criminal Tresspass:

RCW 9A.52.080
Criminal trespass in the second degree.  

(1) A person is guilty of criminal trespass in the second degree if he knowingly enters or remains unlawfully in or upon premises of another under circumstances not constituting criminal trespass in the first degree.

     (2) Criminal trespass in the second degree is a misdemeanor.

[Machias]

No problemo!

[Wanttohuntmore]

One other thing to remember, the hunting regs pamphlet is a synopsis of the wdfw rules and regs.  There are many sentences that paraphrase the actual rcw's.  Some are poorly written, and can only be cleared up if the rcw is reviewed.