Wounded Elk

love2hunt16 · Oct 25, 2003

Alright I have a situation all for you and am curious as to what you would all do in this situation, because it happened to me this year on the Any Bull Elk Hunt. It was the first Tuesday of the Any Bull Elk season here in Utah. I had taken off by myself that morning and walked in about 3-4 miles. The area I was in is public that is pretty much surrounded by private land. Well, I spotted a decent 4x5 bull at the back part of this canyon early in the morning. The bull was near 50 yards from going out of the back of the canyon which was private land on the other side, however he was just feeding and had no idea I was there. I shot a few times before he crossed over the top. I had thought I had hit him because all the cows that were with him took off running after I shot and he just slowly walked over the top. The private land on the other side is pretty well patroled and after thinking I had wounded the elk I made up my mind that if there was blood where he crossed over the top I would see if I could find him but if there was no blood I wasn't going to risk going on the private land to chase a non-wounded animal. I made my way up to where the elk had crossed over and found a LOT of blood on his trail, so I went after the elk and fortunately he was just on the opposing hillside from me. I decided that I wasn't going to kick my hunting ethics to the curb and let a wounded animal walk so I took the elk on this private land. I was never caught on there but I was curious as to what you guys would do. Would you let a wounded animal walk because you were in fear of a fine or would you take the animal and risk getting a fine? I choose the later of the two but was curious if you guys thought I made the right decision

Gator · Oct 25, 2003

I think you did right, I would follow up any animal that was shot, Good Job

rjkott · Oct 25, 2003

You did the right thing, I would have done the exact same thing.

BrianID · Oct 25, 2003

LAST EDITED ON Oct-25-03 AT 06:28PM (MST)[p]I would try to avoid a situation like yours but I probably would have done the same thing you did.

huntsonora · Oct 25, 2003

I would have made sure he was down then gone to the landowner and explained the situation and offer to take them to the spot where you found a lot of blood. That way all of your bases are covered.

Drummond

txhunter58 · Oct 25, 2003

You did the right thing. I might have done it slightly different though.

1) I think the law requires that you follow up on any wounded animal, even if it does go onto private property. If you had not followed up, you would have been breaking the law.

2) I think the law would also say that you have to make a reasonable effort to contact the land owner before going on to his land. This is the sticky part. You had walked in 3-4 miles, so it would have been quite a bit of time and trouble to follow the letter of the law. Was the temp warm? Might he have spoiled while you tried to reach the landowner?

I think I would have made a quick trip as you did to see if I can find him. I would have then gutted/quartered him. However, at this point I probably would have hiked back out and contacted the local game warden and explain what happened. Let him obtain permission from the land owner. This should then be a black and white issue of shooting the elk on public land and you have the legal right to go get the meat.

txhunter58

venor, ergo sum (I hunt, therefore I am)

polarbear · Oct 25, 2003

You did ok. The only other thing is that I would have gone to the landowner As Drummond said, and told him the story to cover your bases. My #1 hunting buddy shot a huge bull in the Olympic Mountains of Washington. He shot it 1/4 mile from the park boundary and the stinking bull ran and died 100 yds inside the no hunting zone. He hiked out and found a WDFW Officer, took him back to where he shot it, followed the blood trail to the bull. As soon as they reached the downed bull the game cop arrested my buddy for shooting in a restricted area. My buddy had his brother take a Sheriffs Deputy up to the spot and document where the blood trail started and ended. It was thrown out of court. The game cop wound up losing his job for doing the same thing to several other hunters.
Eric

Cooter · Oct 25, 2003

I think most of the replies pretty much sum up the fact that you did the right thing under the circumstances involved. Good Post...

love2hunt16 · Oct 25, 2003

Thanks everyone for your replies. It makes me feel a little bit better about the situation. Yeah it was quite a ways back in this country so it would have been rather difficult to contact the landowner. I appreciate all of your replies. Thanks.

love2hunt16
Tyler Hennessy

Wyobowhunt · Oct 27, 2003

This happened this weekend to my little sis while we were deer hunting. She hit a nice buck a little low and he jumped the fence and died about 200 yards across the fence. We tried to get a hold of landowner and could not so we called the landowner we were hunting on and told him what happened. He told us to take our guns home and then go get the deer. So I beleive you did the right thing.

Morty_Pass · Oct 27, 2003

This has happened to me. I just went to the landowner and asked for permission to follow the animal onto his property. I would have done the same thing as you in your situation.

txhunter58
1) I think the law requires that you follow up on any wounded animal, even if it does go onto private property. If you had not followed up, you would have been breaking the law.

I dont think just because you shoot an animal gives you permission to go onto private land. I'm sure the landowner can still prossecute you if he wants. Althought I hope that is the law. As a property owner I still think the law should be as you stated. Although it is nice to have people ask first, usually when they do I would help them pack the animal.

later,M_P

love2hunt16 · Oct 27, 2003

Marty_Pass. I liked your post however I must comment that some landowners might not be so kind as you. I have met a lot of landowners that are REALLY strict with access to their land whether there is a wounded animal on there or not. I must say with the landowners I have met I appreciate the fact that you would help someone out after confronting you with this situation. Just understand, which you probably do, that most landowners aren't like you. But thanks for everyone's input once again.

love2hunt16
Tyler Hennessy

kingfish · Oct 27, 2003

Good job.....

Grasshopper · Oct 27, 2003

I am not so sure this whole thread should be put on the net, as antihunters visit the site. I mean no offense in my comments below, but will mention a couple things.

Everyone mentions the landowner which is great, but in some states you ought to call the game warden who can help you get the animal. The landowner could deny you access for retrieval purposes - it is their right if they choose to do so.

Another thing not mentioned in this thread is that when an animal crosses onto adjacent private property, we all run the risk of turning that landowner into a anti-hunter if they are not already. Non-hunters who see just a small unfortunate piece(a less then perfect shot) of hunting rather then seeing it all as a whole(the hunting experience) can quickly become anti-hunters. These anti-hunters and non-hunters often times vote, and can have an impact on our ability to continue hunting.

Things to consider for the future:

1. One hunter has an impact on what all hunters can do in the future by his actions today. Turning nonhunters into anti-hunters or creating additional anti-hunting sentiment in the public at large is a very bad thing.

2. Hunting in close proximity to private lands can have undesired and unfortunate consequences. The choice is yours...practice shooting and evaluate all worst case scenarios before pulling the trigger. An option is not hunting close to private or not shooting due to the proximity.

That said, glad to hear things worked out for you. enjoy the steaks!

ktc · Oct 27, 2003

You did good. Perfect in fact.

Some are saying go find the landowner. To hell with that! Let them come to you. Going to them would only cause problems. There is a good chance the guy would be a #####. Most landowners are not understanding.

MartinHunter · Oct 27, 2003

Does a wolf or bear kill a perfectly healthy animal (elk) in its tracks, most often not? If the animal was that close to private I would not let that stop me from shooting it. In certain situations were contacting someone would be too much of a hassle and mean a potential for a wasted animal I would have done the exact same thing you did. I think you did well. In a situation were it would not have been more of a hassle I would have got a warden. Here in Wyoming they will escort you to the down game in order for you to get it out (so I am told.)
Michael

Morty_Pass · Oct 28, 2003

LAST EDITED ON Oct-28-03 AT 09:41AM (MST)[p]ktc,
I wouldnt say to hell with contacting the landowner. Thats just being unthoughtful of the landowners right to know your there. If you cant get ahold of him is when I would say the heck with it and go get my animal before it ruined. THE reason most landowners dont want you on your land is because of legal matters. Dont think a landowner cant get suid by some idiot for getting injured on thier land, even if the landowner doesnt know your on the land and you are on the land illegally. I have seen it happen. Dont think it doesnt , b/c the fact is it does. And what happens when they get the pants suid off of them, they have to sell the land.

later, M_P

ktc · Oct 28, 2003

I would. 90% of them are not rational. The other 10% would be reasonable. That 10% wouldn't care anyway in the situation described. If you go anyway to get your animal if no contact can be made before it ruins, then you have done what I would have already done and said to hell with it.

One post suggested hunting away from property lines a ways. To hell with that too. If a landowner tag holder shot an animal and it crossed to public land and died would the landowner make a to do about it? Would they get the public's permission to get it? Call a warden? No!

The reason landowners don't want me on their land is because it is a cash cow. God forbid one of their animals would cross to public and a non-payer shoot it. It has nothing to do with suing. It has everything to do with greed.

Now, I do not condone tresspassing or sneaking on someone's ground, it is theirs and theirs to do with what they want. I do condone going and getting what is yours.

MartinHunter · Oct 28, 2003

I agree with ktc fully on that matter. Why is it that when game is on private property the landowner thinks it is his? I think if a landowner were not to allow you to retrieve downed game he would be saying just that.
Michael

BrianID · Oct 28, 2003

Morty_Pass,
There are laws that protect landowners from getting sued by non-paying hunters/fisherman/hikers on their land. I don't know which other state have this law but I know that Idaho does.

Elkmaster · Oct 29, 2003

Here's a solution to this; 1st, to go onto private land for ANY reason without permission puts the hunter at risk of prosecution,,,that is as it should be. Even Game Wardens cannot secure access to retreive downed game if the landowner refuses. That being said, if the laws stated that if a landowner refused a hunter access to retrieve a LEGALLY killed game the landowner could be sited for having possession of a game animal that they didn't legally kill(if that landowner went out and got the animal) OR if the landowner just lets it rot,,they should be sited for 'wantant waist' of the animal! Once the landowner is aware of the dead animal, they have , in essence, possession of that animal and should be held accountable for it. I know this is a sticky situation, but landowners should NOT be allowed to take possession of, or let rot, a legally harvested animal.

Any thoughts?

kingfish · Oct 29, 2003

Morty pass, Did you get your name from Eastmans video about Morty???

love2hunt16 · Oct 29, 2003

Elkmaster you have good point on this situation. The points you made are very true. Yeah this subject is a very sticky situation. I think we all agree that we all have different opinions about it whether they be way off the charts or somewhere in the ballpark of others. I for one believe that wasted game is unacceptable. I will NOT let an animal go to waste that I know is injured. This is the only area that I have hunted elk in which private land is bordering it. I find hunting near private land is okay and in most occasions it can bring you better luck. Elkmaster noted that private landowners do not have to get permission to go retrieve and an injured animal on public land. Yeah I know it is their land but when an animal is injured I believe a hunter should have every right to go retrieve it. That's my $.02 on the whole situation.

love2hunt16
Tyler Hennessy

dakotakid · Oct 29, 2003

I think Elkmaster has the best idea yet on this situation.

lovetohunt, if I were in your position I think I would nave done exactly what you did.

Mike

Morty_Pass · Oct 29, 2003

elkmaster, is right, but i have to disagree with the landowner getting sited for wanted destruction of game!! That is rediculous! And i doubt it would hold up. IF the landowner doesnt want you on his land you must obey. Unless you want to have a run in with the sheriff. And if you have a animal down on his land and he (landowner) wont let you enter to get it your just crap out of luck. To give a landowner a penalty for someone shooting an animal that runs onto his land to die is outrageous!! If the landowner wants to get the animal so be it, its dead and on his land. WHy cant he? B/C someone else shoots it? Atleast the animal wont go to waste. Isnt that the point here? We all know what the best thing for the landowner to do is! That would be let the hunter follow up the animal, but in this not so perfect world, its not like that all the time. And sometimes you just have to know when to call it a lose and move on. Sure i would be pissed , who wouldnt? Why should the landowner be sited for not letting you come onto his land for any reason? Maybe to solve this problem, just shoot the animal in the head if he is near private ground. If its a monster, get a new cape from the taxidermist.

later, M_P

Elkmaster · Oct 30, 2003

Morty,

I respectfully disagree. If a landowner knows of a dead animal on his property he SHOULD have a duty NOT TO LET IT WAIST. We are talking about a 'public natural resource' that we hunters pay to manage. If someone dies on someones property, that landowner doesn't have absolute rights to the body and doesn't have to give it back to the next of kin,do they? Society can determine acceptable rights and behavior of individuals for the good and well-being of the community. That is what I'm talking about, laws should be adopted to protect our natural resources from wanton waist. And by exsisting laws, a landowner CAN NOT possess a game animal that they themselves did not legally harvest. Laws should give hunters the right to pursue wounded animals if they were leagally shot,,,but they must be able to prove the circumstances of the hunt!

ELKMASTER101 · Oct 30, 2003

the same situation happened to me this season
the evening was coming on fast, I tracked him for about 1/4 mile on privet land which i had no buiness on,
then marked my spot and backed out,
the next morning i contacted the rancher of the property,
he let me to go in and even cary my gun,
about 2 hours into the search i locate 3 beds, and the blood then vanished.
I herd a 4 wheeler coming up the side of the mountian, it was the rancher, he helped me search, but came up empty.
then he got teasty when he heard the size of the bull and the color of the rack, 6X6 he knew him well,
then he made me show him where i shot this bull,
and called me a lier, even when he could see the blood trail coming from afar his feince.
the thing is i lost another 5X6 the same way a couple days later.
I was muzzy, hunting and shooting 295 grain power belts,
should have been using heaver bullets.
figured i just neck shoot the first one and never hit anthing cridical, and grazed the front sholder of the second, he was quarting away from me on a walk, think i led him to far.
I still wake up in a deep sweet,

ktc · Oct 30, 2003

See. I told ya so.

You go contact the guy. He seems nice enough. Which is more than usual. He finds out it is the "big one" and gets pissed off. Your a liar and a poacher and a trespasser. The landowner now becomes a greedy jackass.

Now tell me it is about getting sued and not about greed. That 6x6 was HIS elk, he owned it. You had no business being on HIS mountain. Anywhere. He owns the ground and everything within 5 miles of it. Don't you know that elk had eaten some of HIS grass.

To hell with them!