collapse

Advertisement


Author Topic: are trail cams illegal on national forest?  (Read 47650 times)

Offline Knocker of rocks

  • Non-Hunting Topics
  • Trade Count: (0)
  • Old Salt
  • ******
  • Join Date: Aug 2011
  • Posts: 8828
  • Location: the Holocene, man
Re: are trail cams illegal on national forest?
« Reply #30 on: February 14, 2012, 10:53:52 AM »
With that said if there is a law against haveing a trail cam in NF useing 261.10 (e) wouldnt hold up as an argument in a court of law.

I don't think either of us have a high powered enough Law Degree to say that, do you councilor?

Offline christopheri

  • Trade Count: (0)
  • Longhunter
  • *****
  • Join Date: Jun 2010
  • Posts: 885
  • Location: Graham
Re: are trail cams illegal on national forest?
« Reply #31 on: February 14, 2012, 10:58:37 AM »
With that said if there is a law against haveing a trail cam in NF useing 261.10 (e) wouldnt hold up as an argument in a court of law.

I don't think either of us have a high powered enough Law Degree to say that, do you councilor?

Touche :chuckle:

Offline Elkaholic daWg

  • Political & Covid-19 Topics
  • Trade Count: (+2)
  • Old Salt
  • ******
  • Join Date: Mar 2009
  • Posts: 6067
  • Location: Arlington Wa / Rock n Roll-Kelly Hill
Re: are trail cams illegal on national forest?
« Reply #32 on: February 14, 2012, 11:04:50 AM »
 How about 261.8 B. Lets say you are on a hike in areas with predator  (Apex mamallian) problems and there is no hunting season of any kind open at the time.
Blue Ribbon Coalition
CCRKBA
SAF
NRA                        
Go DaWgs!!

Offline pianoman9701

  • Mushroom Man
  • Business Sponsor
  • Trade Count: (+5)
  • Legend
  • *****
  • Join Date: Mar 2011
  • Posts: 44795
  • Location: Vancouver USA
  • WWC, NRA Life, WFW, NAGR, RMEF, WSB, NMLS #2014743
    • www.facebook.com/johnwallacemortgage
    • John Wallace Mortgage
Re: are trail cams illegal on national forest?
« Reply #33 on: February 14, 2012, 11:10:59 AM »
provivder you should be for all that is hunting related, the more we choose sides and dont stick together, the more the libs will take away till there is nothing left. just saying. Its not like the camera follows animals around then shoot them for you lol.

It appears that provider isn't a hunter. I sent a PM requesting he address questions about his post and have received nothing. Any moderators on here? Maybe check into provider. Me thinks he's a plant.
"Restricting the rights of law-abiding citizens based on the actions of criminals and madmen will have no positive effect on the future acts of criminals and madmen. It will only serve to reduce individual rights and the very security of our republic." - Pianoman https://linktr.ee/johnlwallace https://valoaneducator.tv/johnwallace-2014743

Offline Curly

  • Trade Count: (+2)
  • Legend
  • ******
  • Join Date: Mar 2007
  • Posts: 20921
  • Location: Thurston County
Re: are trail cams illegal on national forest?
« Reply #34 on: February 14, 2012, 11:47:08 AM »
provivder you should be for all that is hunting related, the more we choose sides and dont stick together, the more the libs will take away till there is nothing left. just saying. Its not like the camera follows animals around then shoot them for you lol.

It appears that provider isn't a hunter. I sent a PM requesting he address questions about his post and have received nothing. Any moderators on here? Maybe check into provider. Me thinks he's a plant.

I looked at his posts, he seems to be a hunter to me.  I guess he just hates trailcams for some reason.  :dunno:
May I always be the kind of person my dog thinks I am.

><((((º>` ><((((º>. ><((((º>.¸><((((º>

Offline pendoreilleadventures

  • Moose Whisper
  • Non-Hunting Topics
  • Trade Count: (+1)
  • Longhunter
  • *****
  • Join Date: Jul 2008
  • Posts: 922
  • Location: Cusick, washington
    • https://www.facebook.com/brian.benham.16
Re: are trail cams illegal on national forest?
« Reply #35 on: February 14, 2012, 11:51:04 AM »
I just got of the phone with Mike Borysewicz, wildlife biologist Colville National Forest said that it is not illegal to Bait wildlife on National forest you only have to stipulations to follow.

1. Follow Washington State Fish and Wildlife Laws pertaining to Baiting(Cannot Bait Bears)

2. You must remove the bait once you're done hunting or if you remove Camera.

Same goes for Trail Cams and Treestand,Blinds, ect.


Sounds like you need to call that LEOs supervisor!!!!!! :dunno:
“Vegetarians are cool. All I eat are vegetarians--except for the occasional mountain lion steak.”
― Ted Nugent

Online bearpaw

  • Family, Friends, Outdoors
  • Administrator
  • Trade Count: (+10)
  • Legend
  • *****
  • Join Date: Apr 2009
  • Posts: 38509
  • Location: Idaho<->Colville
  • "Rather Be Cougar Huntin"
    • http://www.facebook.com/DaleDenney
    • Bearpaw Outfitters
  • Groups: NRA, SCI, F4WM, NWTF, IOGA, MOGA, CCOC, BBB, RMEF, WSTA, WSB
Re: are trail cams illegal on national forest?
« Reply #36 on: February 14, 2012, 11:56:48 AM »
Had a gamie take down my game cams because he said they are not legal on nat. forest, anyone ever hear this?
I doubt that there is a blanket prohibition against trail cams per se'.  What I think is being enforced is an individuals interpretation of abandoned property laws.

  Sounds like an agency LEO  that needed to show you this law or statute, that if they could not  should be cited for theft just like any of the rest of us would be.

See  261.10(e).  I believe, right or wrong, that the USFS could use this law to prohibit trail cams

http://www.fs.usda.gov/Internet/FSE_DOCUMENTS/fsbdev3_054750.pdf

Special Use Permits are required for organized group activities or for commercial activiites. Does not apply to individual non-commercial use.

Commercial use or activity means any use or activity on National
Forest System lands (a) where an entry or participation fee is charged,
or (b) where the primary purpose is the sale of a good or service, and
in either case, regardless of whether the use or activity is intended
to produce a profit.
Americans are systematically advocating, legislating, and voting away each others rights. Support all user groups & quit losing opportunity!

http://bearpawoutfitters.com Guided Hunts, Unguided, & Drop Camps in Idaho, Montana, Utah, and Wash. Hunts with tags available (no draw needed) for spring bear, fall bear, bison, cougar, elk, mule deer, turkey, whitetail, & wolf! http://trophymaps.com DIY Hunting Maps are also offered

Online bearpaw

  • Family, Friends, Outdoors
  • Administrator
  • Trade Count: (+10)
  • Legend
  • *****
  • Join Date: Apr 2009
  • Posts: 38509
  • Location: Idaho<->Colville
  • "Rather Be Cougar Huntin"
    • http://www.facebook.com/DaleDenney
    • Bearpaw Outfitters
  • Groups: NRA, SCI, F4WM, NWTF, IOGA, MOGA, CCOC, BBB, RMEF, WSTA, WSB
Re: are trail cams illegal on national forest?
« Reply #37 on: February 14, 2012, 12:00:35 PM »
I think he had an agenda, or didn't like you.

 http://www.fs.fed.us/r5/specialuses/filming/

This clearly states for commercial purposes.  I wonder if all those DIY and other hunting shows get permits for filming?

Maybe bait is considered a "prop"?  If that was the case then it could very well be illegal according to this paragraph. 

Commercial photography is defined as the use of photographic equipment to capture still images on film, digital format, and other similar technologies found on National Forest System lands that: takes place at a location where members of the public are generally not allowed or where additional administrative costs are likely; or uses models, sets, or props that are not part of the site’s natural or cultural resources or administrative facilities (FSH 2709.11 2008-2 (CH 40)).

Seems pretty petty though.

FYI - Outfitters, guides, tv shows, or guys making cd's to sell, must all have Special-Use permits on USFS lands.
Americans are systematically advocating, legislating, and voting away each others rights. Support all user groups & quit losing opportunity!

http://bearpawoutfitters.com Guided Hunts, Unguided, & Drop Camps in Idaho, Montana, Utah, and Wash. Hunts with tags available (no draw needed) for spring bear, fall bear, bison, cougar, elk, mule deer, turkey, whitetail, & wolf! http://trophymaps.com DIY Hunting Maps are also offered

Offline Bob33

  • Global Moderator
  • Trade Count: (+3)
  • Legend
  • *****
  • Join Date: Apr 2009
  • Posts: 21756
  • Groups: SCI, RMEF, NRA, Hunter Education
Re: are trail cams illegal on national forest?
« Reply #38 on: February 14, 2012, 12:05:49 PM »
provivder you should be for all that is hunting related, the more we choose sides and dont stick together, the more the libs will take away till there is nothing left. just saying. Its not like the camera follows animals around then shoot them for you lol.

It appears that provider isn't a hunter. I sent a PM requesting he address questions about his post and have received nothing. Any moderators on here? Maybe check into provider. Me thinks he's a plant.

I looked at his posts, he seems to be a hunter to me.  I guess he just hates trailcams for some reason.  :dunno:
He is a hunter.  He has a difference of opinion.  Thanks for the concern. End of story.
Nature. It's cheaper than therapy.

Offline lokidog

  • Trade Count: (+6)
  • Explorer
  • ******
  • Join Date: Mar 2009
  • Posts: 15186
  • Location: Sultan/Wisconsin
Re: are trail cams illegal on national forest?
« Reply #39 on: February 14, 2012, 12:27:28 PM »
FYI - Outfitters, guides, tv shows, or guys making cd's to sell, must all have Special-Use permits on USFS lands.

No need to get defensive (if you were), was just wondering....  I would not have thought about needing one if I was filming my own hunt and then had people tell me I should sell the DVD.  I can see in the case where something is being taken for commercial purposes, but having to have a permit for photos/video of a non-consumptive nature seems ridiculous as it is public land.

Offline huntnnw

  • Non-Hunting Topics
  • Trade Count: (0)
  • Old Salt
  • ******
  • Join Date: May 2010
  • Posts: 9626
  • Location: Spokane
Re: are trail cams illegal on national forest?
« Reply #40 on: February 14, 2012, 11:58:53 PM »
I would be adamant and raise some hell at the office that my cams to be put back immediately!

Offline Outdoor Guardian

  • Trade Count: (0)
  • Tracker
  • **
  • Join Date: Jan 2012
  • Posts: 86
  • Location: Washington
    • https://www.facebook.com/WDFWPolice
    • WDFW Police Jobs
Re: are trail cams illegal on national forest?
« Reply #41 on: February 15, 2012, 06:55:45 AM »
It is not illegal to leave trail cameras on public land (to include USFS, DFW, or DNR). Baiting for deer and elk is not illegal either.
 
USFS can cite for state violations by using the federal venue as they have essentially incorporated our laws by reference (see 36 CFR 261.8a – State law violations occurring on Federal property……abbreviated title). Forest Service Law Enforcement Officers are also considered ex officio State Fish and Wildlife Officers and can address violations of state fish and wildlife regulations in a local venue. Generally, violations of state law are referred to our Officers.
 
Hope this helps. – OG

Offline Archeryoutfitters

  • Washington For Wildlife
  • Trade Count: (0)
  • Hunter
  • ***
  • Join Date: Aug 2011
  • Posts: 197
  • Location: N.E. Washington
  • It is in the blood
    • http://www.facebook.com/Archeryoutfitters
    • archery-outfitter
Re: are trail cams illegal on national forest?
« Reply #42 on: February 15, 2012, 07:03:10 AM »
"Shoot with a passion, Produce with purpose" HOYT.
Life resident of the Colville Vally.

Offline Arteman

  • Washington For Wildlife
  • Trade Count: (0)
  • Sourdough
  • *****
  • Join Date: May 2011
  • Posts: 1904
  • Location: Earth
  • General of the Mongolian Bigfoot Militia
    • http://www.facebook.com/profile.php?id=100001803366476
Re: are trail cams illegal on national forest?
« Reply #43 on: February 15, 2012, 09:27:51 AM »
It is not illegal to leave trail cameras on public land (to include USFS, DFW, or DNR). Baiting for deer and elk is not illegal either.
 
USFS can cite for state violations by using the federal venue as they have essentially incorporated our laws by reference (see 36 CFR 261.8a – State law violations occurring on Federal property……abbreviated title). Forest Service Law Enforcement Officers are also considered ex officio State Fish and Wildlife Officers and can address violations of state fish and wildlife regulations in a local venue. Generally, violations of state law are referred to our Officers.
 
Hope this helps. – OG
OG, can you bait Bear just for photo purposes?  Last year I put out what I thought was good Deer feed in hopes of getting Deer pics, wetcob, Apple block, salt block, fresh apples, and some kind of Deer blend from the feed store.  All I got was a couple doe, and a bunch of Bear.  I liked getting a bunch of cool bear pics, and wondering if I could just bait them in for the photos.  Maybe its already been said I can, sorry if I missed something.
When you see the third, thin the herd.
Right now I'm somewhere picking up sheds.

Offline bigbucks1985

  • Trade Count: (0)
  • Tracker
  • **
  • Join Date: Aug 2011
  • Posts: 75
Re: are trail cams illegal on national forest?
« Reply #44 on: February 15, 2012, 03:00:37 PM »
Well i called fish and game officer errickson and will be meeting him on saturday morning to get my cam and blind back, and he is going to give my the 411 on the(his) rules of nf and game cams and bait/ blinds. Had that cam and blind in the same spot for 6 months and no one ever found it, but last time i went up there i left tracks in the snow and that is how the gamie found it.

 


* Advertisement

* Recent Topics

KODIAK06 2025 trail cam and personal pics thread by kodiak06
[Today at 06:03:49 AM]


Yard bucks by Boss .300 winmag
[Yesterday at 11:20:39 PM]


Yard babies by Feathernfurr
[Yesterday at 10:04:54 PM]


Pocket Carry by bb76
[Yesterday at 08:44:00 PM]


Seeking recommendations on a new scope by coachg
[Yesterday at 08:10:21 PM]


Sauk Unit Youth Elk Tips by high_hunter
[Yesterday at 08:06:05 PM]


Jupiter Mountain Rayonier Permit- 621 Bull Tag by HntnFsh
[Yesterday at 07:58:22 PM]


MOVED: Seekins Element 7PRC for sale by Bob33
[Yesterday at 06:57:10 PM]


3 pintails by metlhead
[Yesterday at 04:44:03 PM]


1993 Merc issues getting up on plane by Happy Gilmore
[Yesterday at 04:37:55 PM]


A lonely Job... by AL WORRELLS KID
[Yesterday at 03:21:14 PM]


Unit 364 Archery Tag by buglebuster
[Yesterday at 12:16:59 PM]


In the background by zwickeyman
[Yesterday at 12:10:13 PM]


A. Cole Lockback in AEB-L and Micarta by A. Cole
[Yesterday at 09:15:34 AM]


Willapa Hills 1 Bear by hunter399
[Yesterday at 08:24:48 AM]


Bearpaw Outfitters Annual July 4th Hunt Sale by Threewolves
[Yesterday at 06:35:57 AM]


Sockeye Numbers by Southpole
[July 03, 2025, 09:02:04 PM]


Selkirk bull moose. by moose40
[July 03, 2025, 05:42:19 PM]

SimplePortal 2.3.7 © 2008-2025, SimplePortal