CO Tresspass Laws

[Thing]

Question. Can a wounded animal be pursued onto private land?
DOW Answer. Only with the permission of the private landowner.
2) CRS 33-6-116 relates to trespass while engages in the act of hunting. The penalty for violating this statue is a fine of $137 and possible jail time. In addition, 20 hunting license "Points" are assessed (when 20 or more "Points" are accumulated during a 5 year period, the state Wildlife Commission may suspend your hunting and fishing privileges for up to 5 years). Some other pertinent State Laws:

 

[Pete Gaimari]

That's pretty easy to do in Colorado. The owners by law don't need to mark their property. It's up to the hunter/fisherman to know the boundaries.

 

[Greenmtnboy]

Question. Can a wounded animal be pursued onto private land?
DOW Answer. Only with the permission of the private landowner.
2) CRS 33-6-116 relates to trespass while engages in the act of hunting. The penalty for violating this statue is a fine of $137 and possible jail time. In addition, 20 hunting license "Points" are assessed (when 20 or more "Points" are accumulated during a 5 year period, the state Wildlife Commission may suspend your hunting and fishing privileges for up to 5 years). Some other pertinent State Laws:

Morning Buck @ Ball,
That may be the "law of the land" but they teach you in CO hunter's education that if such a thing accures, that if the land owner denies you acess to a dead ungulate on private property after it was leaglly shot on public land or other you can contact the DOW and they will follow you to the land owner and harvest the animal because it is also a crime not to harvest dead animals.
I know this for two reasons one I am a hunter's ed instructor(when they are short handed) and we had a client shoot a bull single lung that expired on a anti hunters land that was surronded by public land and diden't care if the animal was waisted. The Local DOW went to the land owner and explained the non waisting law and the animal was harvested.
As a retired officer you must relize that it's not always in blk and white.
anyway, again thank you for your service, long houes low pay and you have to deal with gun totin folks 24/7
:thumbsup:

 

[Pete Gaimari]

I didn't know you could do that. I thought it was trespassing to enter private land.

Is that written down somewhere?

 

[rabjr]

Your not trespassing when your with an officer thats acting as a go between and assisting you with the recovery of an animal.

 

[Pete Gaimari]

Your not trespassing when your with an officer thats acting as a go between and assisting you with the recovery of an animal.

That wasn't my question.

 

[ryanhogg]

Were lucky in ontario. It is written that you can recover game with the assistance of CO.

 

[Pete Gaimari]

Canadian humor?

 

[BrownBear]

Canadian humor?

I think by CO, he means Conservation Officer. Friends with a farm in Alberta confused heck out of me when they talked about their local CO. I was forming this image of militant farmers led by a guy with stripes on his sleeve. :rotf:

 

[Pete Gaimari]

GMB said if the owner refused you to go to the DOW. So, it sounds like you can go on private property to chase a wounded animal first before getting stopped by the owner, or am I reading it wrong?

 

[John Wasmuth]

No sir, you have to have the land owners permission prior to entering onto private property.

Here in texas one must possess written permission from the land owner or the owners agent prior to entering onto said private property. It is unlawful to enter private property to retrieve a game animal unless written permission from the land owner is in the possession of the hunter prior to entering onto said privaye property. Anyone while in the course of hunting that enters onto private property for any reason with out written permission is subject to an arrest under Tx Penal Code Chap. 30.05 Criminal Tresspass.

Nowhere in the TxPW code does it mention being accompanied by a Game Warden to retrieve a game animal that went onto private property. A game warden cannot give anyone permission to enter onto private property. However its been my experience that a game warden can often convince the land owner to allow the hunter to retreive the animal providing everyone is following the good neighbor policy.

 

[Pete Gaimari]

Are you sure Colorado is the same way?

I can't see them teaching it in class if it's wrong.

 

[texcl]

My take is...If the officer takes you to get the animal any liability is now on the officer as you are following his/her direction as an officer. (not legal advice or anything)

 

[John Wasmuth]

I remember when I was stationed up there at Ft. Carson and we took the Hunters Education Class that permission had to be obtained from the land owner prior to entering onto private property and that if a game animal left public property after being wounded and enterd onto private property that every effort to obtain permission to enter the property had to be exhausted. The instructor then advised that the next step was to contact a game warden for assistance in retreiving the animal but at no time should you enter onto private property with out permission.
And they left it at that.

I know everytime my neighbors here have a wounded deer that jumps onto our side I go with them to pick it up, why deny someone their animal.

What it boils down to is to keep everyone honest so that when it comes down to it the animal was clearly shot on another property and evidence, ie, blood trails and what not, show that the animal did in fact flee to the private property and that the hunter wasnt tresspassing to begin with and shot the animal on private property with out permission.

 

[John Wasmuth]

My take is...If the officer takes you to get the animal any liability is now on the officer as you are following his/her direction as an officer. (not legal advice or anything)

Thats pretty much how it works. It gets tricky the deeper you dig into it, but what laws dont?

 

[Pete Gaimari]

This is really a tough state to stay legal in. It's so hard to tell what property is private. No fences, no signs. Even with maps it's hard to figure out where the boundaries are.

I usually stay on the safe side, but i'm probably missing out on land I could hunt or fish, because i'm just not sure.

 

[John Wasmuth]

I hear ya. Here in Texas 97.99% of the state is private property so its pretty easy to know whats what. Its some times hard finding a place to hunt if you dont own your own land or know someone that has land. Leases are some times so stupidly high that its all but impossible to afford them, but its what we have, kinda a mixed blessing for hunting.

 

[Thing]

Just to be sure. I have contacted the DOW in Co. Have requested the statute for this No waste law.

I will advise what they write back.

 

[longcruise]

Here are some direct quotes from the Big game regulations brochure. These fall under the category headed; "It's against the law to:"

"Fail to make a reasonable attempt to track and kill animals you wound or may have wounded. It is against the law to pursue wounded wildlife that
goes on private property without first obtaining permission from landowner or person in charge"

and

"Fail to prepare edible wildlife meat for human consumption. At a minimum, the four quarters, tenderloins and backstraps are edible meat. internal organs are not"

I'm not finding anything about calling upon a CWO to help recover the animal, but that would fall more under common sense than a stated law. I'm not sure what authority a CWO would have to enter property without permission. It would not seem to fall under "probable cause" of a law being broken. The above says that hunters are not to enter private property without permission. It does not say that a property owner is legally obligated to let a hunter enter their property to recover game even though it is unlawful to fail to prepare the meat for human consumption.

Just to be sure. I have contacted the DOW in Co. Have requested the statute for this No waste law.

Not saying you won't get accurate info, but the phone bank and other dow employees responsible for answering questions for the public are notorious for giving out incorrect information.

Also, the above quotes are from the hunting brochure. Despite the references to "law", the actual statutes are not printed there. It would be interesting to read the actual statute but don't expect it to be forthcoming from the DOW.

You can probably find the actual statute here;

Colorado Revised Statutes

If you have the fortitude to wade through this kind of stuff.

Where the heck is Paul when we need him. :rotf:

 

[Thing]

I can tell you from my years of experience. The Co does not have the authority to enter private property with out the owners permission. Unless, there are people hunting. Due to the fact that wildlife belongs to the state and any hunting comes uder state hunting regulations. There fore must be enforced . If no one is hunting on said property he cannot enter without permission of the property owner..

A individual owning 3000 acres of land and the wounded animal goe's on to the first acre , that first acre is the same as the landowners living room in his house. (Private property) If the animal died in the living room of this property owner, it is the same as on the first acre. A CO can explain the reason for the no waste law, which is basically to keep hunters honest. But if the land owner says no (Which we wish he would not do} Then the CO can not enter this land. especially if no hunting is permitted there. To enter some ones Domain you must have just cause.
ie) criminal intent ,DOW violations etc. Then a warrent can be obtained. There would be no criminal intent or hunting violation on tracking a wounded game animal.
Based on my experience you would not get a judge to issue a warrent for a wounded animal. The CO would have a lot of explaining to do in court as to why he entered said property with out warrent.
I do believe you will not agree on this even if you see it in black and white. AS you stated I may not get a correct answer from DOW. But I do know case law . Your belief would allow a CO to enter anyones property under the PRETEXT of a wounded game animal. Would a reasonable jury of people think that this was a reasonable act by the CO. I highly doubt it. Law suits to DOW by the truck load.Not only is permission required it must also be in writing .I am sure the CO has a form for this also. Belive me I am not trying to bust on you. Co's are there for many reasons, including protecting the hunters rights. Lets wait and see what I get as an ansnwer Fron DOW. Or, I will make a personal phone call to Co to get a correct answer .