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Now what?

Discussion in 'Northwest Hunting' started by ZigZagZeke, Jul 9, 2011.

  1. ZigZagZeke

    ZigZagZeke Eugene Silver Supporter Silver Supporter 2015 Volunteer

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    Scenario:

    You have permission to hunt on 5000 acres of open range land on a ranch in central Oregon. You're 100 yards from the property boundary when you spot a buck about a hundred yards out. He hasn't seen you yet, so you hold your scope on him and wait for him to stop. Suddenly he freezes and looks in your direction. You fire and hit him in the lungs. He hops once, then heads for the fence line at top speed. He jumps the fence and lands in a heap, dead, and 20 feet past the fence line and on another ranch property. You call the adjoining ranch owner and ask for permission to retrieve your buck. The land owner says no.

    What now? If you go get it you're guilty of trespassing. If you leave it lay, you're guilty of wasting game. Either one is a violation of the law.
     
  2. deadeye

    deadeye Albany,OR. Moderator Staff Member

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    Call the local game warden and inform him of the situation and how it happened. Most times they will accompany you to retrieve it.
     
  3. coyote223

    coyote223 NW Oregon Stamp Collector,,,

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    This,,, ^ ^ ^
     
  4. ZigZagZeke

    ZigZagZeke Eugene Silver Supporter Silver Supporter 2015 Volunteer

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    What's the best way to get in touch with the local game warden? I've never seen nor heard of such an individual where I hunt. Would you call OSP? ODFW? This would probably happen on a weekend.
     
  5. deadeye

    deadeye Albany,OR. Moderator Staff Member

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    OSP but there is a separate game warden and they work the weekends especially as that is the time most people are out. I have the number for the local one programmed in my cell phone.
     
  6. Mark W.

    Mark W. Silverton, OR Bronze Supporter Bronze Supporter

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    me I'd walk over cross the fence leaving my rifle on the land I had permission to hunt on and go drag/carry the animal to the fence working it under or over the fence onto the land I had permission to hunt on and finish field dressing it. Should someone come by etc. I would simply say I retrieved my kill from where it fell and should LE arrive explain that I had done what I did so as to not waste the animal. And near as I can imagine the worst that could happen is your trespassed off the land you entered.
     
  7. darkminstrel

    darkminstrel PDX Well-Known Member

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    This.

    20 feet? That's 10 minutes of dragging if you've got a big buck or moderate bush in your way. Your courtesy call was very well thought out but misplaced. Proper disposal of the animal is the right thing to do and so is not trespassing, which is the better thing though? Unless they were in visual range I'd have just claimed the animal.
     
  8. ZigZagZeke

    ZigZagZeke Eugene Silver Supporter Silver Supporter 2015 Volunteer

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    Actually, under old English common law (upon which most of our tort law is based) it is a legitimate defense to a charge of trespass that you are retrieving a chattel (possession of yours) from another's land. It could be a cow or a dog, or some other portable possession. I've looked for the actual trespass statute and its expected exceptions and defenses, but haven't found much. That's why I posted this scenario. I could very easily see it arising where I hunt.
     
  9. slingshot1943

    slingshot1943 salem or Well-Known Member

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    If you shot it on property you have permission hunt, you can follow it where it goes.