Hunters, ASK FIRST! to Hunt or Fish on Private Land

With hunting seasons in full swing, now is a good time to remind all hunters to ASK FIRST! before entering onto private land for any reason. Failure to do so could cost you more than a bad relationship with a landowner, as two Horseshoe Bend residents recently discovered. Idaho has two trespass laws on the books. The first, termed "Standard Trespass," refers simply to entering onto private ground without permission. The second trespass law, "Trespass to Hunt, Fish, Trap," refers to persons entering onto private ground without permission to engage in these outdoor activities. While both statutes are misdemeanors, the Trespass to Hunt, Fish or Trap law has a bigger bite to it: a conviction carries with it a mandatory hunting, fishing and/or trapping revocation for one year. The revocation can be extended to up to three years at a judge's discretion. Idaho's hunting trespass law is marvelously simple to understand. It states that a person is required to obtain permission before entering any cultivated field or irrigated pasture, whether the ground is posted or not. A person must also obtain permission to enter any private land posted with "No Trespassing" or "No Hunting," signs, etc. Another no trespassing "sign" is a fence post, a portion of which is painted bright orange. This type of posting is identical in meaning to a "No Trespassing" sign. Posted land can be hunted with the permission of the landowner. Landowner permission should be obtained each hunting season. A common mistake is to assume that because permission was given last year, the same applies this year. Hunters and landowners should both clearly understand what "permission" is being given. For instance, is permission being given for a single day and only to hunt deer, or is it for the season to hunt deer, elk and upland game birds? Know before you go. The following trespassing case offers food for thought. Last winter, Fish and Game conservation officer Bill London found Emmett resident Jon Hanson and Horseshoe Bend resident James Hanson trespassing on posted land north of Horseshoe Bend. The two men were transporting an improperly tagged cow elk from the property. An ensuing investigation uncovered an additional untagged elk taken by Jon Hanson the previous day. Further, this elk had no evidence of sex attached to the carcass as required by law. London issued a citation to each man for improperly tagged elk and a written warning to Jon Hanson for the evidence of sex violation. At the request of the landowner both men were cited for standard trespass. Later that day, the same landowner found Horseshoe Bend resident Robert Drake trespassing on the same posted property. This despite the fact that Drake had received two written warning for trespass during the previous three years. Another call to officer London led to a standard trespass citation being issued to Drake. On July 31 of this year, Robert Drake pleaded guilty to trespass in Boise County Magistrate court. Judge Patricia Young handed down a sentence of $221.50 in fines and court costs. Drake was placed on two years probation during which time he cannot hunt on private land without having written permission from the landowner on his person. On September 10, 2001 James and Jon Hanson appeared in Boise County Magistrate Court. After pleading guilty to the charge of failure to properly tag an elk, both men received identical sentences from Judge John Dutcher. The sentences included fines and court costs of $321 and two years probation during which they cannot hunt on private land without having written permission from the landowner on their persons. In addition, both men paid a bond forfeiture of $150 each for the trespass violations. Trespass violations are costly, not only in terms of money and time, but also in terms of future opportunity. Many landowners, frustrated with trespassing hunters have permanently closed their property to hunting by anyone. So this fall, respect private property and always ASK FIRST! before entering onto private lands.