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radiohead
11-11-2007, 12:27 PM
If you are hunting during legal season, but tresspassing, is this considered Poaching or simply tresspassing?




Mich. Buck Wacker
11-11-2007, 12:42 PM
I would think its just tresspassing but I could be wrong. Good way to get a good a** whipping.

answerguy8
11-11-2007, 12:45 PM
I would consider you just a trespasser until you shot a deer then you would be a poacher.

Mich. Buck Wacker
11-11-2007, 12:47 PM
I would consider you just a trespasser until you shot a deer then you would be a poacher.

Then is when the a** whipping comes into play.:evilsmile

radiohead
11-11-2007, 12:55 PM
not me....but someone has a stand set up on land that i have exclusive rights to hunt.


I would consider you just a trespasser until you shot a deer then you would be a poacher.

double lung
11-11-2007, 01:21 PM
I have run into that problem before.

I double check with the landowner (just to make sure nobody else has permission) then leave a note on the tree where their stand used to be, telling them to call me to get their stand and a trespassing ticket. Haven't gotten a call yet:confused:

And no, I don't feel the slightest bit bad about taking stands that are where they don't belong. If the idiot doesn't want it to come up missing, he shouldn't put it where it doesn't belong. They tend not to come back when their stands come up missing:)

kodiak33
11-11-2007, 01:36 PM
If you are hunting during legal season, but tresspassing, is this considered Poaching or simply tresspassing?


Yes it is consider poaching... i hate to say this and dont all jump me but i got myself a poaching ticket when i shot a deer on adjoining land i didnt have permission to hunt.. i lost my lisense for 5 years and had to pay 1200 dollars and 18 months probation... I do know i was wrong and learned my lesson.. i really wish i didnt have my head up my A@@ bk then but i did..

malainse
11-11-2007, 01:54 PM
If hunting and no game was taken---Trespass.

If game was taken then other laws and fines come into play, as Kodiak stated in his situation.

radiohead
11-11-2007, 02:28 PM
I left a note about a month ago on one of the 2x4 steps he took upon himself to nail into the tree: No Tresspassing. Please remove stand

The stand is obviously a gun only stand and I tied a piece of rope from the stand to the steps such that the rope would have to be cut in order to access the stand. Been checking it whenever I bowhunt, no activity yet.

Now the owner did tell me that he has not given permission to anyone to hunt the land accept me. He did however state that has always let the adjoining property owner hunt his land, but to his knowledge he hasn't hunted the property in years. So I am taking a polite way to try and deal with this in case it belongs to him.




I have run into that problem before.

I double check with the landowner (just to make sure nobody else has permission) then leave a note on the tree where their stand used to be, telling them to call me to get their stand and a trespassing ticket. Haven't gotten a call yet:confused:

And no, I don't feel the slightest bit bad about taking stands that are where they don't belong. If the idiot doesn't want it to come up missing, he shouldn't put it where it doesn't belong. They tend not to come back when their stands come up missing:)

wyldkat49766
11-11-2007, 02:39 PM
Maybe have the landowner check with the neighbor to make sure he hasn't allowed a family member or someone to 'use' the land also?

If you are able to check it frequently, then I suggest taking pictures of the stand and note also.

vgawel
11-11-2007, 02:59 PM
I have run into that problem before.

I double check with the landowner (just to make sure nobody else has permission) then leave a note on the tree where their stand used to be, telling them to call me to get their stand and a trespassing ticket. Haven't gotten a call yet:confused:

And no, I don't feel the slightest bit bad about taking stands that are where they don't belong. If the idiot doesn't want it to come up missing, he shouldn't put it where it doesn't belong. They tend not to come back when their stands come up missing:)


Im pretty sure you have no authority unless you have documentation that you are leasing. If you just have permission then the land owner has to take care of it. I wouldnt take to many stands while leaving your number if you arent leasing, because then you could be getting a ticket as well for stealing

boehr
11-11-2007, 04:14 PM
A trespasser is a poacher. You would not be trespassing if you were not attempting or making plans to take game illegally. Ok, benefit of the doubt, it would be an attempted poacher. If one wasn't a poacher that would be like saying unless your caught your not a poacher. We get too wrapped up in the word poacher anyway. A poacher is nothing but a criminal, a violator, a law breaker, whatever name you want to call it. If a trespasser would rather be just be called a criminal so be it. Actually I think I have referred to game law breakers as violators much more than poacher so it is all semantics.

radiohead
11-11-2007, 04:40 PM
That's why I'm not going all gung-ho about this. When I saw the stand I called the landowner, and as far as he knows he doesn't know who's it is. He lives 4 hours north and he really doesn't want to start trying to chase people off his land while not being there. When I told him about it he told me to leave the note on the tree.
For all I know the neighbor who has always been allowed to hunt is letting his nephew or something hunt it. Kinda like what WyldKat is referring to.


Im pretty sure you have no authority unless you have documentation that you are leasing. If you just have permission then the land owner has to take care of it. I wouldnt take to many stands while leaving your number if you arent leasing, because then you could be getting a ticket as well for stealing

walleyechaser
11-12-2007, 04:52 AM
a Tresspasser IS a poacher.

answerguy8
11-12-2007, 07:40 AM
a Tresspasser IS a poacher.

Not entirely correct. A person who is just going for a walk without a weapon or any intention of taking game isn't a poacher. Just a plain old trespasser.

walleyechaser
11-12-2007, 09:21 AM
Not entirely correct. A person who is just going for a walk without a weapon or any intention of taking game isn't a poacher. Just a plain old trespasser.

Since this was a hunting thread I assumed we're talking about someone hunting while tresspassing,not a hiker or someone going for a walk.:confused:

answerguy8
11-12-2007, 02:46 PM
Since this was a hunting thread I assumed we're talking about someone hunting while tresspassing,not a hiker or someone going for a walk.:confused:

Well, yeah, this is a hunting thread (and a hunting forum for that matter). But that doesn't mean that every tresspasser that we run into is tresspassing in order to hunt. Some maybe taking their dog for a walk, others might be seeing what they can steal, others might be fishing or looking for mushrooms. No reason justifies their offense though.

tikki50
11-12-2007, 03:12 PM
I thought tresspassing with a firearm is not poaching but carries a higher penatly, is this correct?

Again, this is why you should take some time to go meet the "neighbors" having a good understanding between the two of you can save your ****.