Had my first buck stolen!

[CAMPMEAT]

ATVs have nothing to do with this story. It's the guys who stole the deer and that's it.

 
Sure it does, and the reason I asked if they were legal to be in there with ATV's, is that I don't see how he could turn those guys into law enforcement for "stealing" his deer. Where's the proof? It's his word against theirs. I don't think a game warden would be able to do anything, even if he had got license plate numbers and called it in. However, he could have turned them in for being behind a locked gate on ATV's. Very few areas here on the westside is it legal to go around gates on ATV's.

Same ol' story again..................blah, blah, blah !  It's not the game wardens problem for the ATVers being behind locked gates. It's the landowners problem, it's called, TRESPASSING.

WDFW Officers can enforce any state law. So yes, ATV's behind locked gates would be a WDFW Officers "problem". As I have said on here many times, trespassing is the most frequently dropped case in WA, no matter what county. There is however a law that is applicable to ATV/ORV/Jeepers, etc which prohibits them from entering land without landowner permission. It is a $134 traffic infraction.

So you're saying, if I ride my ATV on private land that the WDFW Game Warden can ride on that gave access to the public, that's an infraction ? The game warden can pursue an infraction against me ? Give me the RCW please. I'm getting two sides of the law here.

I am completely lost by your first sentence.

I said there is an infraction that can be used to cite people who ride on roads that the landowner prohibits such use. An officer could also use trespassing charges, however as I said, trespassing charges often get dropped. A lot easier to give a guy a $134 traffic infraction then to try and have a county prosecutor press criminal trespass 2nd degree charges

RCW 46.09.450.3:
It is unlawful to operate an off-road vehicle upon a private nonhighway road if the road owner has not authorized the use of off-road vehicles.

RCW 46.09.450.4:
Nothing in this section authorizes trespass on private property.

http://apps.leg.wa.gov/RCW/default.aspx?cite=46.09.450

So if Joe Landowner has somebody riding ATV's on his private roads and does not allow such actions/does not allow trespassing, any law enforcement officer (does not need to be WDFW) can either cite the offender under RCW 46.09.450.3 or go for Criminal Trespass 2 charges.

 My sentence : I was told by the WDFW Game Warden, that I could ride my ATV anyplace the WDFW could with no problems, Forest Service, DNR, State lands ? I know any trespass is illegal. So if I'm behind gates unless posted, in say, Captitol Forest where the WDFW Game Agent can ride, I can ride too as long as my ATV is up to snuff for registration etc. and I have my helmet on. Ok, so what is the $ 134 infraction for then ? Define "private nonhighway" ?

[krism83]

Not to sound like an a-hole or anything but who really gives a sh!t about the ATV legality....if it is or isnt legal where he was at it doens't change the fact that he was put in a position not one of the rest of us want to or should be in out in the woods. He did the right thing walking away just my 2 cents.

[bigtex]

ATVs have nothing to do with this story. It's the guys who stole the deer and that's it.

 
Sure it does, and the reason I asked if they were legal to be in there with ATV's, is that I don't see how he could turn those guys into law enforcement for "stealing" his deer. Where's the proof? It's his word against theirs. I don't think a game warden would be able to do anything, even if he had got license plate numbers and called it in. However, he could have turned them in for being behind a locked gate on ATV's. Very few areas here on the westside is it legal to go around gates on ATV's.

Same ol' story again..................blah, blah, blah !  It's not the game wardens problem for the ATVers being behind locked gates. It's the landowners problem, it's called, TRESPASSING.

WDFW Officers can enforce any state law. So yes, ATV's behind locked gates would be a WDFW Officers "problem". As I have said on here many times, trespassing is the most frequently dropped case in WA, no matter what county. There is however a law that is applicable to ATV/ORV/Jeepers, etc which prohibits them from entering land without landowner permission. It is a $134 traffic infraction.

So you're saying, if I ride my ATV on private land that the WDFW Game Warden can ride on that gave access to the public, that's an infraction ? The game warden can pursue an infraction against me ? Give me the RCW please. I'm getting two sides of the law here.

I am completely lost by your first sentence.

I said there is an infraction that can be used to cite people who ride on roads that the landowner prohibits such use. An officer could also use trespassing charges, however as I said, trespassing charges often get dropped. A lot easier to give a guy a $134 traffic infraction then to try and have a county prosecutor press criminal trespass 2nd degree charges

RCW 46.09.450.3:
It is unlawful to operate an off-road vehicle upon a private nonhighway road if the road owner has not authorized the use of off-road vehicles.

RCW 46.09.450.4:
Nothing in this section authorizes trespass on private property.

http://apps.leg.wa.gov/RCW/default.aspx?cite=46.09.450

So if Joe Landowner has somebody riding ATV's on his private roads and does not allow such actions/does not allow trespassing, any law enforcement officer (does not need to be WDFW) can either cite the offender under RCW 46.09.450.3 or go for Criminal Trespass 2 charges.

 My sentence : I was told by the WDFW Game Warden, that I could ride my ATV anyplace the WDFW could with no problems, Forest Service, DNR, State lands ? I know any trespass is illegal. So if I'm behind gates unless posted, in say, Captitol Forest where the WDFW Game Agent can ride, I can ride too as long as my ATV is up to snuff for registration etc. and I have my helmet on. Ok, so what is the $ 134 infraction for then ? Define "private nonhighway" ?

Sir,
I think you are confused. Let's say Weyerhauser does not want ATV's on their roads, and they have posted that at an entry point. If an officer contacts an ATV rider on ther road they can be cited for RCW 46.09.450.3 and/or Criminal Trespass 2. If you are in an area (private or public) that allows ATV's then obviously you can use the ATV as long as you meet the safety requirements, and RCW 49.09.450.3 does not apply. RCW 49.09.450.3 simply applies to areas where the landowner does not allow ATV/ORV/etc usage.

Also, you should be aware that under RCW 77.12.154 WDFW employees performing their duties and any law enforcement officer enforcing RCW 77 (fish and wildlife laws) is exempt from trespass liability. So simply saying that a WDFW Officer used an ATV to drive up a private/posted no trespassing road, means anyone can do it, is not true.

[bobcat]

akashasdaddy:
 
So can you let us know whose land this was? Weyerhaeuser? State? Green Diamond?  Just curious...

[akashasdaddy]

akashasdaddy:
 
So can you let us know whose land this was? Weyerhaeuser? State? Green Diamond?  Just curious...

This was state land in the Copailis GMU.

[CAMPMEAT]

ATVs have nothing to do with this story. It's the guys who stole the deer and that's it.

 
Sure it does, and the reason I asked if they were legal to be in there with ATV's, is that I don't see how he could turn those guys into law enforcement for "stealing" his deer. Where's the proof? It's his word against theirs. I don't think a game warden would be able to do anything, even if he had got license plate numbers and called it in. However, he could have turned them in for being behind a locked gate on ATV's. Very few areas here on the westside is it legal to go around gates on ATV's.

Same ol' story again..................blah, blah, blah !  It's not the game wardens problem for the ATVers being behind locked gates. It's the landowners problem, it's called, TRESPASSING.

WDFW Officers can enforce any state law. So yes, ATV's behind locked gates would be a WDFW Officers "problem". As I have said on here many times, trespassing is the most frequently dropped case in WA, no matter what county. There is however a law that is applicable to ATV/ORV/Jeepers, etc which prohibits them from entering land without landowner permission. It is a $134 traffic infraction.

So you're saying, if I ride my ATV on private land that the WDFW Game Warden can ride on that gave access to the public, that's an infraction ? The game warden can pursue an infraction against me ? Give me the RCW please. I'm getting two sides of the law here.

I am completely lost by your first sentence.

I said there is an infraction that can be used to cite people who ride on roads that the landowner prohibits such use. An officer could also use trespassing charges, however as I said, trespassing charges often get dropped. A lot easier to give a guy a $134 traffic infraction then to try and have a county prosecutor press criminal trespass 2nd degree charges

RCW 46.09.450.3:
It is unlawful to operate an off-road vehicle upon a private nonhighway road if the road owner has not authorized the use of off-road vehicles.

RCW 46.09.450.4:
Nothing in this section authorizes trespass on private property.

http://apps.leg.wa.gov/RCW/default.aspx?cite=46.09.450

So if Joe Landowner has somebody riding ATV's on his private roads and does not allow such actions/does not allow trespassing, any law enforcement officer (does not need to be WDFW) can either cite the offender under RCW 46.09.450.3 or go for Criminal Trespass 2 charges.

 My sentence : I was told by the WDFW Game Warden, that I could ride my ATV anyplace the WDFW could with no problems, Forest Service, DNR, State lands ? I know any trespass is illegal. So if I'm behind gates unless posted, in say, Captitol Forest where the WDFW Game Agent can ride, I can ride too as long as my ATV is up to snuff for registration etc. and I have my helmet on. Ok, so what is the $ 134 infraction for then ? Define "private nonhighway" ?

Sir,
I think you are confused. Let's say Weyerhauser does not want ATV's on their roads, and they have posted that at an entry point. If an officer contacts an ATV rider on ther road they can be cited for RCW 46.09.450.3 and/or Criminal Trespass 2. If you are in an area (private or public) that allows ATV's then obviously you can use the ATV as long as you meet the safety requirements, and RCW 49.09.450.3 does not apply. RCW 49.09.450.3 simply applies to areas where the landowner does not allow ATV/ORV/etc usage.

Also, you should be aware that under RCW 77.12.154 WDFW employees performing their duties and any law enforcement officer enforcing RCW 77 (fish and wildlife laws) is exempt from trespass liability. So simply saying that a WDFW Officer used an ATV to drive up a private/posted no trespassing road, means anyone can do it, is not true.

Not confused at all. I was just going by what an agent for the State of Washington told me. Remember bigtex, we are only peons and are lead to believe that all LEO know the laws and should that not differ from one agency to another. And thanks for using the correct terminology, trespass. It's not trespassing as everybody thinks it is. Again, thanks, because I was not trying to be rude.

[CAMPMEAT]

akashasdaddy:
 
So can you let us know whose land this was? Weyerhaeuser? State? Green Diamond?  Just curious...

This was state land in the Copailis GMU.

There you go Bobcat, state land. ATV riding is legal I bet. It is where I live.

[akashasdaddy]

Congrats on your first buck.  It will be one you won't forget, I'm sure.

Now you can go out and get your second buck........

This is a great post. It is almost exactly what my uncle from Montana said when he called to check in to see how the season was going for me. It is a memory that is for sure and in a few more years when my daughter is ready to hunt I will only share the good side of this story. Even though I am a rookie I feel safe in saying we as (ethical) hunters do not like people like the ones who did this to me. It puts a bad taste in the mouths of non-hunters and those who may be curious about the sport.

[bigtex]

akashasdaddy:
 
So can you let us know whose land this was? Weyerhaeuser? State? Green Diamond?  Just curious...

This was state land in the Copailis GMU.

There you go Bobcat, state land. ATV riding is legal I bet. It is where I live.

On the westside about the only DNR land open to ATV is the DNR land that are apart of state forests. Your smaller DNR parcels which tend to get a lot of hunting pressure do not allow ATV's and in many cases are simply walk in only

[sirmissalot]

The ATV users think its ok to ride anywhere there is a road. My brother in law confronted one who was trespassing on green diamond land last weekend (with 2 kids on back and none were wearing helmets) and the drivers response was "well we saw at least 3 other quads in here too". So because you can get around the gate and others do it, makes it ok I guess. Wow.

To the OP, I'm sorry about your luck but unfortunately thats just part of hunting public land now days here in washington state. Get out there and get a bigger one, I truly believe everything happens for a reason so don't give up.

[singleshot12]

He turned broad side and I let her rip. I was so excited; my first buck ever, no tag soup for this rookie hunter. I watched as my buck ran from me so I could find him when he dropped. He stopped looked like he was about to drop when another shot rang out. What the *censored*! I yelled. The buck tore off for about another 100 yards.

Akashasdaddy, with most rifles being sighted in high at 100 yards and with your shot on the spike being so close could it be possible you shot over him? With one bullet hole in the animal and it taking off another 100 yards after their shot seems kind of odd to me. So couldn't it be possible along with your lack of experience on killing a big game animal that the one bullet hole wasn't yours? not to stir the pot,just sayin

[akashasdaddy]

He turned broad side and I let her rip. I was so excited; my first buck ever, no tag soup for this rookie hunter. I watched as my buck ran from me so I could find him when he dropped. He stopped looked like he was about to drop when another shot rang out. What the *censored*! I yelled. The buck tore off for about another 100 yards.

Akashasdaddy, with most rifles being sighted in high at 100 yards and with your shot on the spike being so close could it be possible you shot over him? With one bullet hole in the animal and it taking off another 100 yards after their shot seems kind of odd to me. So couldn't it be possible along with your lack of experience on killing a big game animal that the one bullet hole wasn't yours? not to stir the pot,just sayin

I guess at this point anything is possible the only issue with that is I did find good blood on the ground only a few feet from where I believe I hit him. I tried to use that in my argument with these people but they weren't having any of it and by the time I got out of the brush where the animal expired the rain had washed the blood away. Like you said it is possible that I missed but in my heart I know I hit him and hit him pretty good.

[singleshot12]

hmm well if thats the case then it was your deer.. but most likely in their mind it's their deer. Tough situation

[Secret Squirrel]

WTF that is BS they just followed you in.  Did you know they were there following you?  I do beleive I would have broken a window or slashed a tire....at the very least pissed on the door handles of their truck :

[singleshot12]

WTF that is BS they just followed you in.  Did you know they were there following you?  I do beleive I would have broken a window or slashed a tire....at the very least pissed on the door handles of their truck :

Although it doesn't seem right they followed him in it could also just be coincidence they were behind him and there was only one way in  .. Another thought is "like most hunters" they set up hoping he would push something out. I've taken a couple nice bucks while sitting above a drainage while knowing there were other hunters down below pushing bucks up. Nothing wrong with that at all!!  So all this talk about sabotashing or vandalizing their vehicles sounds uncalled for!