LOP Tag from Private to Public

[Bertram42]

After the extremely long, yet very informational thread about shooting an elk on public ground and it travels to or dies on private ground and the laws and rights associated with that. It got me thinking of another scenario.

What if you were an individual who holds a landowner preference tag and you shot an animal on private land and the animal then traveled onto public land. Can you retrieve it or have to walk away.

Asside from all the ideas of don't shoot that close to public land and visa versa. It is something I would like to know especially since I get a LOP tag most years.

[ommedia]

great question! I would be great if a "representative" of those that have to "interpret" the law could/would respond. I know they monitor the site, just imagine they don't want their words in "print" so to speak.

And yes, lets not get into ethics or would'a could'a should'a.

[woodsy188]

I would assume the same rules apply. ASSUME

[baltz526]

if it happens to you, call osp and inform them. (if your worried about it)

[stlhdrgrn]

That's a very good question to have answered. I have a LOP willamette tag where I can only use archery as per the landowners request. It could happen.

[traks44]

Suspension from the LOP Program:

If a landowner (or the landowner’s partner,
member, manager, employee, or any
person using an LOP tag provided by the
landowner) is convicted of violation of the
wildlife laws arising from participating in the
LOP program, the department may suspend
that landowner from participating in the LOP
program for the remainder of the current year
plus two additional years. The suspension
will include any and all properties associated
with that landowner, for the same period of
time as the landowner. The department will
also revoke any unused LOP tags previously

issued for the landowner’s properties.


That being said I have never met a game warden who is gonna give a ticket to a landowner because he recovered/finished off his game animal on public ground. I could see a game warden getting upset because they didnt track it down and recover it when the animal was on public ground.

The Landowner Preference Program
(LOP) was established to acknowledge
the contribution of private lands to support
wildlife and provide a form of compensation
to landowners for resources used by
wildlife. Tags are available to landowners,
family members and others designated
by the landowner based on the acreage
owned. Pronghorn hunts are only available
to landowners and family members.
Recipients of LOP tags may only hunt on

the property for which they are registered.

IMO like many of these "IFish situations" the game warden will have to use their judgement on whether or not he or she thinks there has been abuse?

"Recipients of LOP tags may only hunt on the property for which they are registered" I guess it would also depend on what stage of the "hunt" was taking place on public ground. Again it would be the call of the wildlife official.

While this maybe a good question IMO I find this situation very unlikely....just my .02..but I am biass anyways...........

[traks44]

I just called one of our local game wardens he should be getting back to me and I will let you know what he has to say.....

[Jeremy]

Legally speaking the LOP tag is only valid on the private property it was issued on, so you would not have a valid tag to use once the animal left said property injured or not.

[ORsouthpaw]

I think that this was one of the only questions that wasn't asked in the other post. I'll stand by my position (which is not based on the legality but ethics) A LOP tag holder that is attempting to pursue a wounded elk or retrieve a dead elk should be allowed to do so. the first prioity is taking care of the elk, period.

The question in my mind would be how does the LOP tag holder prove that he did in fact shoot the elk while it was on private land? If he can prove that he originally shot and hit the animal on the private land for which he holds a tag then he should be allowed to retrieve and keep the animal without question. However if he can't prove where he shot the elk at then who's to say he wasn't just sitting on his fence shooting from his private land onto the public land for which he doesn't possess a valid tag? If he can't prove that he shot it on the right side of the property line then he should not be allowed to keep the animal and should be proscuted accordingly. To me it's no different than having an elk run from one hunting unit to another. If you can't prove you shot him in the right unit then you have likley violated a game law!

Great question!

[Teton]

I don't see any trouble retrieving the dead animal in this case, if the animal was lethally wounded on the property where the tag is valid (both the shooter and the animal), wandered onto public property, and died.

Its clear that the hunter has the right to be on public property, so whether the hunter can legally retrieve the animal is not in question.

Like others have written, if you can't prove you shot the animal on the property (or in the unit) where your tag is valid, you have a problemo.

In any event, if you want to cover your rear-end, you may want to make the call to DFW/OSP and leave your weapon behind when you go to retrieve it.

[BrianMaguire]

I would imagine that its the same as an animal crossing a unit boundry.

[Rank Amateur]

Originally Posted by Teton

Its clear that the hunter has the right to be on public property, so whether the hunter can legally retrieve the animal is not in question.

If it was me, I wouldn't refer to myself as a hunter once the animal crossed onto the public land, since you would have NO legal right to hunt on the public land with a LOP tag. I would be a person retrieving my legally attained property!

Very good question, the rules should go both ways, but probably don't.

Yep, better leave the rifle at the fence, other wise you would be hunting in a prohibited area. I guess if the animal is just a cripple you would have to let it go, but I would at least notify OSP so the animal would not go to waste. Who knows, they just might recover it for you. Of coarse maybe one of those public land hunters would take it home.

[ErnestE]

As far as proving that you shot the elk on private land, remember guys, this is still the good ole US of A and its the government's job, ie, the prosecutor's, to prove you didn't. You're all innocent as lambs until a jury of your peers brands you guilty beyond a reasonable doubt. And as far as "proof" or "evidence" is concerned, your good word is "proof" and it is "evidence", as much as anybody's else's word or any other evidence. Don't sell yourselves short, Citizens!

As far as tagging the elk with your LOP tag, you are required to do so by the following regulation:


Oregon Administrative Rule 635-065-0765 Tagging, Possession, Transportation and Evidence of Sex
“(1) When the owner of any game mammal tag kills a game mammal for which a tag is issued, the owner shall immediately remove in its entirety only the month and day of kill and attach the tag in plain sight securely to the game mammal. The tag shall be kept attached to such carcass or remain with any parts thereof so long as the same are preserved.”

This reg applies to "any game mammal tag", obviously your LOP tag fits. the regulation does not refer to where you killed the game mammal, its only directive is "you kill it you tag it".