UKC Forums (http://forums.ukcdogs.com/index.php)
- UKC Coonhounds (http://forums.ukcdogs.com/forumdisplay.php?forumid=4)
-- right to retrieve law ? (http://forums.ukcdogs.com/showthread.php?threadid=165181)

HMMM

i CAN UNDERSTAND NOT WANTING YOUR DEER RAN OFF. But I think in oklahoma you have the right to retrieve your dogs but if not then I will pay a fine but if my dog gets shot thats a different deal

__________________
Full House Kennels
Home of The
LATE CH NITECH JOKERS LOUISIANA LOTTO R.I.P.
2009 ACHA OKLAHOMA STATE NITE HUNT CHAMPION CH GR NITECH PR. BEEBES PALE FACED PETE PUKEY
ACHA GR CH NITE CH .UKC CH NITE CH Okiesawyers' Queen of Diamonds ACHA 2009 Oklahoma State Leader
ACHA GRAND SHOW CH UKC CH PR. Fullhouses Okla Big Ticket
Feather Lite Lights
www.featherlitelights.com

quote:

---

Originally posted by Hiphop
What law do we have????????????

Right to retrieve?????????? Please post it!!!!!!!!!!!!!!

---

__________________
Nt. Ch. Cedarstump HiDollar Jane (GrNt HiDollar Dancer X GrNt Wheat Creek Widdow Demon Dolly)
Cedarstump HiDollar Toby (GrNt HiDollar Dancer X Nt. Ch.Donaldson's Midnight Queen)


Mike Donaldson
donaldsonmb@bellsouth.net

quote:

---

Originally posted by MBD
One thing I have figured out is that many law enforcement officials are uncertained about this law in Alabama as I'm sure is the case in other states also.

---

Oh yea, if you think the game wardens aren't familar with the code wait till you get in front of the judges

quote:

---

Originally posted by Hiphop
I have researched this, thats why I asked the question. We in Alabama have "no" right to retrieve law. But if you know the laws, you can get out of a ticket. Just dont have a gun, keep you're mouth shut, admit to nothing other than retieving your coon dogs. And if you get a ticket call me I'll give you some advice. My best hunting buddy recently beat a ticket for hunting without permission.

Alabama game wardens don't seem to have much knowlege in the law code but that doesn't stop them from writing tickets.

---

__________________
Nt. Ch. Cedarstump HiDollar Jane (GrNt HiDollar Dancer X GrNt Wheat Creek Widdow Demon Dolly)
Cedarstump HiDollar Toby (GrNt HiDollar Dancer X Nt. Ch.Donaldson's Midnight Queen)


Mike Donaldson
donaldsonmb@bellsouth.net

quote:

---

Originally posted by MBD
I'm going to do some more checking. Preacher Doug Moore says we do have one because he and many others lobbied for it years ago.

---

__________________
Nt. Ch. Cedarstump HiDollar Jane (GrNt HiDollar Dancer X GrNt Wheat Creek Widdow Demon Dolly)
Cedarstump HiDollar Toby (GrNt HiDollar Dancer X Nt. Ch.Donaldson's Midnight Queen)


Mike Donaldson
donaldsonmb@bellsouth.net

quote:

---

Originally posted by MBD
I'm going to do some more checking. Preacher Doug Moore says we do have one because he and many others lobbied for it years ago.

---

on page 28 in the 2007-2008 alabama hunting and fishing rule book it says.
many dogs used by hunters in the pursuit of game animals accidentally become seperated from thier owners. hunting dogs are very valuable to these hunters, it is generally illegal to kill or injure dogs which have intruded onto another's property.

it's not clear if we have the right to go retrive our hounds, but thats all i could find on it.

__________________
michael ford

Here's one tip

When retrieving your dog never never admit to knowing you are trespassing. Dont make it to obvious like parking your truck on the road walking by a posted sign with owners name on it and climbing over the fence.

If you get lost, wander on to someones property, and get a ticket. A decent attorney can get you out of it.

i found this at enotes.com may help some people


ALABAMA: All hunting requires permission of the landowner. There are no requirements for posting by property owners

ALASKA: Trespassing notices must be printed legibly in English, be at least 144 square inches in size, give the name and address of the person under whose authority the property is posted and the name and address of the person who is authorized to grant permission to enter the property, be placed at each roadway and at each way of access onto the property that is known to the land owner. In the case of an island, signage must be placed along the perimeter at each cardinal point of the island. The sign must explicitly state any specific prohibition that the posting is directed against.

ARIZONA: Hunters are permitted to enter onto land unless lawfully posted. Signs must be at least eight inches by eleven inches with plainly legible wording in capital and bold-faced lettering at least one inch high. The sign must have the words "no hunting", "no trapping" or "no fishing" either as a single phrase or in any combination. The signs must be conspicuously placed on a structure or post at least four feet above ground level at all points of vehicular access, at all property or fence corners and at intervals of not more than one-quarter mile along the property boundary. A sign with one hundred square inches or more of orange paint may serve as the interval notices between property or fence corners and points of vehicular access. The orange paint shall be clearly visible and shall cover the entire above ground surface of the post facing outward and on both lateral sides from the closed area.

FLORIDA: Trespass while in possession of a firearm is a felony punishable by imprisonment for up to five years and/or a fine up to $5,000. A person who knowingly propels or causes to be propelled any potentially lethal projectile over or across private land without authorization also commits felony trespass. A potentially lethal projectile includes any projectile launched from any firearm, bow, crossbow or similar tensile device.

IOWA: The unarmed pursuit of game or fur-bearing animals lawfully injured or killed which come to rest on or escape to the property of another is an exception to the trespass law.

KANSAS: Trespassing is permitted by licensed hunters in order to pursue a wounded game bird or animal, except that if the owner of the land instructs the hunter to leave, the hunter must leave immediately. Any person who fails to leave such land when instructed is subject to the provisions of the criminal trespass law.

LOUISIANA: Trespass is permitted in order to retrieve a dog or livestock, provided the trespasser is unarmed. Posting by landowners is required. Trespass on marshlands to trap or hunt fur bearing animals without permission is strictly prohibited

MARYLAND: It is unlawful to hunt on private lands in all counties without permission of the landowner or the landowner's LESSEE. Written permission is required from the property owner to hunt on private property in Allegany, Anne Arundel, Baltimore, Calvert, Carroll, Cecil, Charles, Frederick, Garrett, Harford, Howard, Montgomery, Prince George's, St. Mary's, and Washington Counties. Written permission is required from the property owner to hunt deer on private property in Somerset, Wicomico, and Worcester Counties. Written permission is required from the property owner to trap on private and PUBLIC LANDS in all counties. The landowner is not liable for accidental injury or damage to the hunter, whether or not the landowner or the landowner's agent or lessee have given permission to hunt.

MICHIGAN: A person other than a person possessing a firearm may, unless previously prohibited in writing or orally by the property owner, enter on foot upon the property of another person for the sole purpose of retrieving a hunting dog. The person shall not remain on the property beyond the reasonable time necessary to retrieve the dog.

MINNESOTA: Law allows hunters to trespass unless no trespassing signs are posted along the BOUNDARIES every 1000 feet or less, or in wooded areas where boundaries are less clear, at intervals of 500 feet or less, or at the primary corners of each parcel of land and at access roads or trails at points of entrance. Furthermore, the law mandates that the lettering should be at least two inches high and the name and phone number of the landowner or occupant should be listed. Lands that are cropped or grazed and show signs of tillage, crops, crop residue, or fencing for livestock containment do not require posting of signs. Hunters must ask permission to enter these lands. A person on foot may, without permission of the owner, enter land to retrieve a wounded animal that was lawfully shot. The hunter must leave the land immediately after retrieving the wounded game. A person on foot may, without permission of the owner, enter private land without a firearm to retrieve a hunting dog. After retrieving the dog, the person must immediately leave the premises.

NEW YORK: A person may enter and remain upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, unless notice against trespass is personally communicated to by the owner.

NORTH CAROLINA: In Halifax and Warren counties, no arrests for trespassing can be made without the consent of the owner the land.

NORTH DAKOTA: Any hunter may enter upon legally posted land to recover game shot or killed on land where the hunter had a lawful right to hunt.

OKLAHOMA: Signs are required at all entrances and all corners and at 200 yard intervals along property lines.

OREGON: No person shall hunt upon the cultivated or enclosed land of another without first obtaining permission from the owner or lawful occupant thereof, or the agent of such owner or occupant. The boundaries of enclosed land may be indicated by wire, ditch, hedge, fence, water or by any visible or distinctive lines that indicate a separation from the surrounding or contiguous territory.

SOUTH CAROLINA: Any person entering upon the lands of another for the purpose of hunting, fishing, trapping, netting; for gathering fruit, wild flowers, cultivated flowers, shrubbery, straw, turf, vegetables or herbs; or for cutting timber on such land, without the consent of the owner or manager, is guilty of a MISDEMEANOR.

SOUTH DAKOTA: In the part of the Black Hills fire protection district lying south of Interstate Highway 90, no person may enter upon any private land with intent to take or kill any bird or animal, after being notified by the owner or lessee not to do so. Such notice may be given orally or by posting written or printed notices to that effect at the residence or where the buildings are located thereon, and at the gates or entering places therein, and in conspicuous places around the land posted. All such notices shall contain the name and address of the owner or lessee posting the lands.

TEXAS: It is against the law to hunt or fish on privately owned lands or waters without the permission of the owner or owner's agent. No person may pursue a wounded wildlife resource across a property line without the consent of landowner of the property where the wildlife resource has fled. Under the trespass provisions of the Penal Code, a person on a property without the permission of the landowner is subject to arrest.

UTAH: Written permission is required from the owner or person in charge to enter upon private land that is either cultivated or properly posted and must include the signature of the owner or person in charge, the name of the person being given permission, the appropriate dates, and a general description of the property.

VERMONT: Notices prohibiting the taking of wild animals shall be erected upon or near the boundaries of lands to be affected with notices at each corner and not over 400 feet apart along the boundaries thereof. Notices prohibiting the taking of fish shall show the date that the waters were last stocked and shall be maintained upon or near the shores of the waters not over 400 feet apart. Legible signs must be maintained at all times and shall be dated each year.

VIRGINIA: Fox hunters and coon hunters, when the chase begins on other lands, may follow their dogs on prohibited lands, and hunters of all other game, when the chase begins on others lands, may go upon prohibited lands to retrieve their dogs, but may not carry firearms or bows and arrows on their persons or hunt any game while thereon. The use of vehicles to retrieve dogs on prohibited lands shall be allowed only with the permission of the landowner.

WEST VIRGINIA: Written permission must be in the possession of anyone who will shoot, hunt, fish, or trap upon the fenced, enclosed or posted grounds or lands of another person. Written permission is also required to peel trees or timber, build fires or do any other act or thing thereon in connection with or auxiliary to shooting, hunting, fishing or trapping. Hunters who kill or injure any domestic animal or fowl, destroy or damage any bars, gates, or fence, or leave open any bars or gates resulting in damage to the owner, can be held criminally liable as well as liable to the landowner. The landowner may personally arrest any such person found violating this law and take the hunter before a JUSTICE OF THE PEACE for trial. In such instances, the landowner is vested with all the powers and rights of a game warden.

[QUOTE]Originally posted by pistolpackinmom
[B]i found this at enotes.com may help some people


ALABAMA: All hunting requires permission of the landowner. There are no requirements for posting by property owners.[QUOTE]



I was told by a game warden, that you had to have written permission in hand to be on anybodys property hunting.

Alabama guys,
I found something that might help.

Section 9-11-242
Hunting, trapping, etc., of wild game at night on lands of another without permission.
Any person who hunts, traps, captures, injures, kills or destroys or attempts to hunt, trap, capture, injure, kill or destroy any wild game on the lands of another between the hours of sunset and daylight without the written permission of or accompanied by the landowner or person in possession or control of said lands shall be guilty of a misdemeanor and, upon conviction, shall be punished for the first offense by a fine of not less than $250.00, and at the discretion of the court may have all hunting license privileges revoked for up to one year from the date of conviction. Any said person shall be punished for the second and each subsequent offense by a fine of not less than $500.00 and the revocation of all hunting license privileges for one year from the date of conviction, and shall be imprisoned in the county jail for a period not less than 10 nor more than 30 days.

This section shall not apply to the members of the family, guests, servants or agents of the landowner; provided further, that this section shall not apply to fox hunting with dogs exclusively; and, provided further, that this section shall not apply to raccoon and opossum hunting with dogs only.

This doesn't say you have the right to retrieve your dog, but it sounds like you are not in violation of the law if you do not have anything to harvest game with. ie. gun, squawler, climbers etc. In fact if you just take the law and who's exempt, leaving out the punishment it reads as follows:

Any person who hunts, traps, captures, injures, kills or destroys or attempts to hunt, trap, capture, injure, kill or destroy any wild game on the lands of another between the hours of sunset and daylight without the written permission of or accompanied by the landowner or person in possession or control of said lands shall be guilty of a misdemeanor. This section shall not apply to raccoon and opossum hunting with dogs only.

I was told we had a lot of prominent folks in the state that used to like to fox hunt and that is why this was put in. In a way this may be better than a right to retrieve law.

__________________
Nt. Ch. Cedarstump HiDollar Jane (GrNt HiDollar Dancer X GrNt Wheat Creek Widdow Demon Dolly)
Cedarstump HiDollar Toby (GrNt HiDollar Dancer X Nt. Ch.Donaldson's Midnight Queen)


Mike Donaldson
donaldsonmb@bellsouth.net

This is probably one of the most important laws in coonhunting. We are fortunate in Iowa to have it. But our rural areas are getting more crowded with urban people too. One particular game warden around here doesnt seem to like the law. I dont think he realizes that without it he would be spending alot of his time helping hunters retrieve their hounds. Especially coyote hunters. The biggest problem is that other hunters (bow hunters for example) dont seem to realize that we all need to support eachother or we will all be in trouble. Ive heard some rumors lately too that there is a state law in the works to make it a $10,000 fine upfront for someone to shoot a dog that is hunting. I hope there is truth to the rumor. If anyone knows more about that I would appreciate it.

i Dont know if its in act in WV or not but me and a buddy got jumped on dogs treed on this guys place he has a apple orchard and the dogs put one up the tree here comes the man out boxers and all carryin a shotgun told us to get off his land i nicely said to teh guy sorry for wakeing you but as soon as we get our dogs were gone he said that we shouldnt be here and to get or he would shoot our dogs so we did and on teh way out he said dont want to catch us on his land again i said ok and we left

__________________
CopperHead Kennels
Gauley Bridge,Wv
Chris Neff
Home (304) 632-5029
Cell(304) 651-5973

MBD, you are correct. This can get you out of a hunting without permission ticket. They can get you for trespassing if your are told to not go own the property though. The problem is the judges and the wardens dont know the law.

quote:

---

Originally posted by Hiphop
MBD, you are correct. This can get you out of a hunting without permission ticket. They can get you for trespassing if your are told to not go own the property though. The problem is the judges and the wardens dont know the law.

---

__________________
Nt. Ch. Cedarstump HiDollar Jane (GrNt HiDollar Dancer X GrNt Wheat Creek Widdow Demon Dolly)
Cedarstump HiDollar Toby (GrNt HiDollar Dancer X Nt. Ch.Donaldson's Midnight Queen)


Mike Donaldson
donaldsonmb@bellsouth.net

Missouri

Behind the Code
When hunting dogs and landowners collide.

by Tom Cwynar

Missouri’s Wildlife Code allows the use of dogs during prescribed open seasons to take or pursue wildlife, except for beaver, deer, mink, muskrats, river otters and turkeys. All dogs used for hunting, except for waterfowl and game bird hunting, have to be equipped with a collar that includes the full name and address or complete telephone number of the owner. Additional regulations and restrictions for hunting with dogs, including special restrictions in certain counties, can be found on page 81 and on page 90 of the Wildlife Code.

Dogs on private property are not considered to be trespassing. However, state statutes prohibit any person, including hunters, from entering private property without permission, even if they are just trying to retrieve their dogs.

Chapter 273 of the Missouri Revised Statutes allows landowners to pursue and kill dogs that are chasing or injuring livestock. It also allows for recovery of damages from the owner of the dog. Landowners, however, cannot shoot dogs simply for being on their property. Doing so can result in criminal charges.

When dealing with confrontations between people who use dogs for hunting and people who don’t want dogs on their property, a conservation agent’s only option is to impartially apply state statutes and the Wildlife Code, while encouraging all parties involved to show mutual respect and consideration.

__________________
Kevin Mathis
Mud Creek Treeing Walkers

In South Carolina, unless I am badly mistaken you can retrieve your dog from any land unless you have been told it is posted, have a written letter with notice of posting or the land is posted on all 4 sides. If you then go on to the land, you can be charged. It was told to me by several police officers on several different occassions. This is covered by the same law about tresspass after notice. The first time they escort you off the property and you are warned by word of mouth or written notice. They next time you are charged. I had this happen to me but not with hunters. We had people walking across our property and throwing trash down and running over crops and fishing. We were advised to post it on all 4 sides with the signs that your name and phone number are on making sure all driving lanes were posted and all corners of the property were also.


Now I would not tell you to take your gun or anything with you to retrieve your dogs but you should be ok as long as you do not know that the land is posted. It is always better if you have permission which you can usually get or call the local sheriff's department first. I know it is hard to get permission at night but at least let the police know if you have doubts about the land. Sometimes they will come and sit with your vehicle until you return.

this law is federal law ,it was put in for fox and coonhunters,to recover the dogs without being arrested. i don't no any web sites about it,but seen and read it in history books in high-school.

quote:

---

Originally posted by davery
this law is federal law ,it was put in for fox and coonhunters,to recover the dogs without being arrested. i don't no any web sites about it,but seen and read it in history books in high-school.

---