Hunting Washington Forum

Big Game Hunting => Elk Hunting => Topic started by: COUG on October 20, 2009, 09:42:59 AM

Title: Hunting behind "No Hunting" signs...
Post by: COUG on October 20, 2009, 09:42:59 AM: If you have permission from a landowner who has "No Hunting" signs on his fence posts is it illegal to hunt there? Someone told me that and it didn't seem right. So I checked the game regs and couldn't find anything. Have any of you heard of this?

Thanks,
-Coug
Title: Re: Hunting behind "No Hunting" signs...
Post by: robodad on October 20, 2009, 09:47:28 AM: I always thought that "NO HUNTING" meant by anyone, landowner included and needed to be "NO TRESPASSING" or "HUNTING BY PERMISSION ONLY" in-order for you to get permission to hunt legally but I don't even know for sure !!! :dunno:
Title: Re: Hunting behind "No Hunting" signs...
Post by: Mike450r on October 20, 2009, 09:53:12 AM: I have heard this before and think it is BS. Typically the signs are store bought in the same section as no trespassing, for sale, beware of dog etc... They just say what the landowner wants to convey but do not limit his use of his land.

If the sign says for sale and is on a car he is not required by law to then sell it. It might be a good idea to change the sign to read no hunting without landowner permission but I don't think by putting up a no hunting sign the landowner loses any right to allow hunting by permission or hunting the land himself.
Title: Re: Hunting behind "No Hunting" signs...
Post by: NWBREW on October 20, 2009, 09:54:38 AM: What Robodad said: Thats what I've always understood.
Title: Re: Hunting behind "No Hunting" signs...
Post by: lokidog on October 20, 2009, 10:26:00 AM: Seems like the landowner would have to press charges for tresspassing. It's not like domestic abuse where there has to be an arrest.... make sure to have written permission though.
Title: Re: Hunting behind "No Hunting" signs...
Post by: STIKNSTRINGBOW on October 20, 2009, 10:41:14 AM: I was told long ago what Robodad and NWBREW said, but I believe that is just an urban legend.
Washington State tresspass laws are enforceable only if the landowner chooses to press charges, Meaning if the landowner gives you permission, who is going to press charges?

RCW 9A.52.090
Criminal trespass — Defenses.

In any prosecution under RCW 9A.52.070 and 9A.52.080, it is a defense that:

   (1) A building involved in an offense under RCW 9A.52.070 was abandoned; or

   (2) The premises were at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the premises; or

   (3) The actor reasonably believed that the owner of the premises, or other person empowered to license access thereto, would have licensed him to enter or remain.

This means that if the landowner says it is O.K. to be there , it is O.K. to be there.
Title: Re: Hunting behind "No Hunting" signs...
Post by: Dipsnort on October 20, 2009, 12:22:46 PM: I would advise getting your permission in writing and I can't imagine you could get yourself in trouble.
Title: Re: Hunting behind "No Hunting" signs...
Post by: mossback91 on October 20, 2009, 12:27:13 PM: No problem if the landowner has given you permission.........
Title: Re: Hunting behind "No Hunting" signs...
Post by: COUG on October 20, 2009, 12:30:58 PM: Just got this from the WDFW

There is nothing in the big game regulations identifying this. WDFW does not regulate posting of property and that is entirely up to the landowner and how he/she allows access. Generally speaking, most landowners are interested in posting their property to keep trespassers on notice, or convey that they do not want the public hunting their land (either because they love wildlife and don't want any hunting, liability issues, or fear of vandalism). Additionally, it is possible they have "no hunting" signs up because they live in an area that has a county/city municipality prohibition on discharging high powered rifles and/or handguns. If that's the case, everyone, including the landowner, cannot hunt that property.

However, if you have permission from the landowner, and barring the above, then you may hunt the property. The landowner may be encouraging the public to ask for permission or is limiting the amount of folks on his/her property.

Thank you,

Sean Carrell
WDFW, Enforcement Program
360-902-2936
FAX: 360-902-2155
Title: Re: Hunting behind "No Hunting" signs...
Post by: yelp on October 20, 2009, 01:29:50 PM: I believe the landowner also has to press charges or a trespass infraction/citation cannot be written.
Title: Re: Hunting behind "No Hunting" signs...
Post by: dbllunger on October 20, 2009, 01:47:58 PM: Old wives tale started by pissed off hunters who could not hunt where they wanted but others could. Also back in the late 80's a large amount of Steven's county had public land posted by locals pissed off at out of area hunters. That was when the surge in Whitey hunting really took off, and there were a lot of bars and locations that had a box of "No Hunting" signs for free. The last time I hunted forest service land and found some of those signs was the late 90's. No I did not tear them down. Also know of another spot that is posted all around it, and it is private land that surrounds 90%, and the other 10% a mountain goat would not travel. The land owners have to let hunters in as there is land in the middle with public easement access. You have to walk, bike, horse, but BFD keeps the friggin 4 wheelers and vehicles out.