Retrieving Deer Question

[shawnhu]

Interesting concept. let's look at this scenario. landowner comes across a fresh blood trial coming into his property in the snow. Follows it and finds a warm but dead deer. illegal to tag it?

#2 is contacted by DEC about the deer because a hunter wounded it. if he denies access would DEC give him a possession tag like for a vehicle struck?

Anyone can tag a deer, assuming he has a tag to do it.

I wouldn't think an ECO would provide a tag to someone that isn't allowing access to a hunter for retrieval. That'll defeat the purpose of DMP and regular season tags if anyone can just ask an ECO for a tag.

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[Culvercreek hunt club]

Anyone can tag a deer, assuming he has a tag to do it.

I wouldn't think an ECO would provide a tag to someone that isn't allowing access to a hunter for retrieval. That'll defeat the purpose of DMP and regular season tags if anyone can just ask an ECO for a tag.

 

would or wouldn't?

 

The landowner doesn't hunt, why wouldn't they issue the tag?

[jjb4900]

a deer runs just over the property line and is lying there dead for all to see.....ECO responds to help sort it out, landowners says he won't allow the hunter access to retrieve, but he would like a tag for it......hopefully the ECO would tell him to pound salt and enjoy the stench of the rotting carcass, I'm fairly confident those tags are issued solely at the discretion of the responding Officer......

[growalot]

That would take a brass set to ask...lol

Shawnhu is right about tagging a deer...we have a friend that owned land on Marrow back...he shot a very nice buck on his property and it made it to the neighbor...as he got to the end of the trail the niegbor was tagging it...Wow was he HOT they had words and he called the DEC...Ya too bad! the guy that tagged it first keeps the deer....yep why I aim for the shoulder....

[dbHunterNY]

we've been in contact with neighboring land owners for years.  at this point we don't need to ask each year before the season for permission for retrieval.  also I don't like to imply i'll just go get it.  if I need to recover a deer for myself or someone else on someone else's land i ask anyway when the need comes up.  you don't know the situation and the neighboring land owners business.  someone could be hunting or maybe they're going to harvest standing crops you need to recover the deer in and they don't want you in there without knowing.  each situation is unique and requires some effort when the time comes. 

 

haven't followed the whole ECO convo completely.  if an ECO has probable cause (a deer carcass on your property) they have the right to go on your land and will inform you the landowner of their intent before doing so.  that said a hunter's an idiot if they think an ECO will come to  aid to help recover a deer on someone else's property.  in rare occasion they're already around and it's convenient for them sure.  they want to help.  they've just got a lot going on and that type of situation is abundant.

[jjb4900]

we've been in contact with neighboring land owners for years.  at this point we don't need to ask each year before the season for permission for retrieval.  also I don't like to imply i'll just go get it.  if I need to recover a deer for myself or someone else on someone else's land i ask anyway when the need comes up.  you don't know the situation and the neighboring land owners business.  someone could be hunting or maybe they're going to harvest standing crops you need to recover the deer in and they don't want you in there without knowing.  each situation is unique and requires some effort when the time comes. 

 

haven't followed the whole ECO convo completely.  if an ECO has probable cause (a deer carcass on your property) they have the right to go on your land and will inform you the landowner of their intent before doing so.  that said a hunter's an idiot if they think an ECO will come to  aid to help recover a deer on someone else's property.  in rare occasion they're already around and it's convenient for them sure.  they want to help.  they've just got a lot going on and that type of situation is abundant.

I think it's more along the lines of if they have "probable cause to believe a crime was committed"..........

[growalot]

Hhmmmm I think it was a sheriff that met us at the hubbys deer hit and tagged it, so I could take it home while he continued to work....

 

It may have been a sheriff that came out for the dog shooting and gave me a tag for the doe I put down...that I can't remember rt now.

[Five Seasons]

For an Eco officer to enter my property they need a search warrant or must believe that there is illegal activity, some a$$ hole wounding a deer that dies on my property doesn't meet that criteria!

 

again, i'm pretty sure they don't need a warrant. And lets be honest, probable cause is pretty vague and a warrant not all that difficult if they want one.

[Five Seasons]

well two friends of mine both shot deer that died within the property lines of posted property (both visible from their property I might add). Owner would NOT allow retrieval. DEC was called and they did talk to the owner. The owner still denied access and that was the end of the story. two different ECO's at two different times, in different areas, tried and walked away. so what ever you believe the law allows, what is practiced in reality is different.

 

that doesn't mean that the eco couldn't have gone on the property though. They probably just felt it not worth their time and also entering property is different from removing the deer.

 

[Five Seasons]

Last year in November, a couple young guys in an old pick up, hit a buck on the road in front of our place. It rolled under the truck, laid there for a bit, got up and took off behind our house. I became aware of this situation, when a sheriff deputy knocked on the door to ask if he and the young men could look for the deer. Said it had to be in the field or just inside the woods. I told them just let me get dressed and I'll go with you! Found spotty blood in the snow right away and the young guys kept saying he couldn't go far. The deputy turned back at the edge of the woods. We still had little dtops of blood and the track so we kept on it. Ended up tracking him for three hours over the hill on a bitter cold night and he never bedded. They just kept saying he couldn't go far. But he did and we never found him. I planned on hunting that area the next morning before all that happend!

 

you did an honorable thing giving him that much effort. I can also understand how that would screw up your next days hunt. For those of us with busy family work schedules our woods time is limited and i can understand taking the other route too.

 

[Culvercreek hunt club]

 haven't followed the whole ECO convo completely.  if an ECO has probable cause (a deer carcass on your property) they have the right to go on your land and will inform you the landowner of their intent before doing so. 

probable cause of what? a deer died?

[growalot]

I had a neighbor  call the DEC with a false complaint...same one that called cops and said I threatened too " snap her daughter in half " and had me arrested... lol

Ya seriously pizzed we bought land she thought she had "exclusive rights to"...anyways they, Officer and a Albany hazmat specialist, came knocking at my door...Now they were told I not Mr B... but me had an illegal waste oil deposit pit on our property and it was bubbling up into the ground water...LOLWow were they mad when I said sure let me put on my shoes and show you the place...so where is my oil deposit?  Really if I have oils on the place I want to find it I could use the cash...we walked the 2 properties..(we hadn't bought the other two yet) and I mean combed every inch...

With them apologizing and telling me what a great place we had and job we were doing..I explained that due to work Mr B has hazmat training and understands such issues.....

 

Now they came to the door and asked permission to go walk the property and waited while I got ready after saying yes....

 

Edited October 27, 2015 by growalot

[Culvercreek hunt club]

that doesn't mean that the eco couldn't have gone on the property though. They probably just felt it not worth their time and also entering property is different from removing the deer.

he did go on. Talked to land owner at both deer. Both Said nothing he could do. Both deer were 140+ bucks so that probably played I to the owners decision.

[jjb4900]

Hhmmmm I think it was a sheriff that met us at the hubbys deer hit and tagged it, so I could take it home while he continued to work....

 

It may have been a sheriff that came out for the dog shooting and gave me a tag for the doe I put down...that I can't remember rt now.

yeah, I don't think many LEO's give a crap if someone wants to scoop up a road killed animal.....it may vary from region to region as to who has the tags for those types of situations.

[thphtm]

In our county the sheriff will give you a tag to keep a road killed deer also.

[Chef]

If someone asked permission to track I would more than likely say yes, if it was a face I did not recognize I would probably ask some questions like we're they were hunting are they the land owner and so on, I would also probably help them track and drag off. If someone is decent enough to come ask there is no real reason to say no....... Unless you have feeders bait piles or something else that you are trying to hide.

[bubba]

Getting a tag forca road kill is entirely different than getting a hunted shot deer and you were not tbve hunter who shot it. You are not legally able to place a hunting tag on a found deer. Do people do it? I am sure it has happened and will continue to happen. Plus if I owned a piece of property and refused entrance to retrieve it, I'm would expect the DEC to be kjeeouing an eye to see if that deer showed up in my garage with tag on it.

[Trial153]

This happened to me this year in South Dakota. It was good hunt with a bit of disappointment. On day two I put a stalk on a good 4/4 and hit him marginal. I was able to glass him and watch him bed in a juniper and sage flat of the side of a field. he went about 600 yards or so. I waited about 5 hours before going to get him. When I got off the bluff and into the flats and down to him I seen on my GPS that I was going to have to go off the WIA and onto the private property adjacent to it.

I took the owner number off of ON X maps and hiked back up to the bluff for service. Took a couple calls and I got through to him and nicely explained what happened and asked if I could go onto the property to retrieve the deer. I was floored when he said no. I thought I miss heard him and he says if I wanted people on my land I would lease it to the state. He then about hung up on me.

I hiked back out to my truck thinking I would drive around to the house and talk to him in person, and plead my case but about the time I got to my truck. A farm truck drove down into the field it was down there a bit then drove off.

At this point I wasn't sure what to do, it was pretty obvious I wasn't dealing with some one with any type of character. So I just left it as it was and didn't pursue it further.

I ended up getting on a couple nicer bucks the next two days however I couldn't put it together to get a shot. They were always bedded with two or three smaller bucks and I blew two stalks on them. I passed up easy shots on couple fork horns and young 3/3 during the week, but i didn't get back onto any good ones after Tuesday.

The whole week I regretted not calling a warden or the cops to help resolve and collect that buck, however at the time o just felt out of element being from out of state ect. In retrospect I should have gotten someone else involved...hind sight is 20/20 and i didnt want to cause any trouble as stupid as that now sounds.

Honestly if I had to do it again. I would have just went and got the buck and dragged it back onto the WIA.

[growalot]

Well bubba than someone should tell the DEC about the law as to how you know it...because my friend was told whether he shot it or not....it was tagged on the neighbors property by the neighbor... tags on and filled out...it's his deer ..That was direct from the DEC.....now just so you don't think this factitious I PM'd another member here to see if he knew the person of whom I speak...

Edited October 27, 2015 by growalot

[WNYBuckHunter]

Well bubba than someone should tell the DEC about the law as to how you know it...because my friend was told whether he shot it or not....it was tagged on the neighbors property by the neighbor... tags on and filled out...it's his deer ..That was direct from the DEC.....now just so you don't think this factitious I PM'd another member here to see if he knew the person of whom I speak...

 

I just went through my daughters Hunters Ed class, and when the ECO came in, he answered a question about that. He said the land owner would be perfectly within his rights to keep the deer someone else shot, that died on their property, as long as he had his license and tagged it properly. Nothing DEC can do about it.

 

Thats precisely what the land owner did with the first buck I shot that I talked about earlier in the thread.

[bubba]

OK look on page 20 of your guide under tagging. The very first line says after killing a deer or bear. The land owner did not kill the deer oir bear,so by that definition, they can not tag it. Pretty simple

[WNYBuckHunter]

OK look on page 20 of your guide under tagging. The very first line says after killing a deer or bear. The land owner did not kill the deer oir bear,so by that definition, they can not tag it. Pretty simple

 

It doesnt say you have to be the one to shoot it.

 

BTW, that question came up to the ECO at each of my daughters safety courses, two different officers in Region 8 gave the same answer. If you dont believe it, email your DEC regional HQ.

[bubba]

It does not say I f you find a deer on your property, tag it. If that were the case, a lot of guys could have their wives find a deer andbtag it for them.

[bubba]

I teach the classes. I am in contact with eco much more than you. I have my Dec officer buddy getting the info on it. Go to court any good lawyer can ask. Did you kill the deer? Well it says right here agternkilling a deer or bear not finding one. I knew you would be the first to jump on it. Your mind is made up. If 2 officers said it was that way, they were both wrong. How many times on this site have people said ask one officer get one answer. Ask another you get a different one. When I tech the class, my officers answer is no they cannot tag the deer, as they did not take it. But I guess your officers are right and mine is wrong.

[Culvercreek hunt club]

I teach the classes. I am in contact with eco much more than you. I have my Dec officer buddy getting the info on it. Go to court any good lawyer can ask. Did you kill the deer? Well it says right here agternkilling a deer or bear not finding one. I knew you would be the first to jump on it. Your mind is made up. If 2 officers said it was that way, they were both wrong. How many times on this site have people said ask one officer get one answer. Ask another you get a different one. When I tech the class, my officers answer is no they cannot tag the deer, as they did not take it. But I guess your officers are right and mine is wrong.

So Joe Landowner that doesn't hunt, walks out onto his property and finds a deer that just died.  what can he do legally?

 

I walk onto my property and find a recently dead deer and I do hunt, what can I do legally?