By Glen Wunderlich

Some recent questions from a reader have prompted a bit of clarification relative to Michigan’s trespass laws.  Not much can get landowners’ blood to boil more than having uninvited strangers violate their boundaries after having invested sizeable sums of money to not only purchase or lease land, but to improve it with sweat equity and to nurture all forms of flora and fauna.   What follows is not intended to be all-inclusive legal advice; for that, you may want to contact an attorney.

Michigan law defines trespassing when a person enters the property of another’s, when either forbidden to do so or remaining on the property after the landowner, occupant or the agent of the owner or occupant has told the person to leave.  People are no longer required to possess written permission to be on another’s land, but it may prove useful to prevent unnecessary confrontations.

Under the Natural Resources and Environmental Protection Act 451 of 1994, 322 Sec. 73102, the following apply.

(1) Except as provided in subsection (4), a person shall not enter or remain upon the property of another person, other than farm property or a wooded area connected to farm property, to engage in any recreational activity or trapping on that property without the consent of the owner or his or her lessee or agent, if either of the following circumstances exists:

(a) The property is fenced or enclosed and is maintained in such a manner as to exclude intruders.

(b) The property is posted in a conspicuous manner against entry. The minimum letter height on the posting signs shall be 1 inch. Each posting sign shall be not less than 50 square inches, and the signs shall be spaced to enable a person to observe not less than 1 sign at any point of entry upon the property. 

 (2) Except as provided in subsection (4), a person shall not enter or remain upon farm property or a wooded area connected to farm property for any recreational activity or trapping without the consent of the owner or his or her lessee or agent, whether or not the farm property or wooded area connected to farm property is fenced, enclosed, or posted.

The law does not require any specific language for posted signs that prohibit entry, but displaying a conspicuous warning is the basis of a criminal trespassing charge, because a person who unwittingly wanders onto the land of another is not doing anything wrong. 

The factual basis for a criminal trespassing charge under this specific provision does not require a request to leave the premises nor does it not apply to a person who is in the process of attempting, by the most direct route, to contact the owner or his or her lessee or agent to request consent.

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.

Michigan DNR conservation officers are peace officers, and except as otherwise provided by law, are vested with all the powers, privileges, prerogatives, and immunities conferred upon peace officers by the general laws of this state and can be telephoned anytime at 800-292-7800 for such matters related to enforcement on any of the above issues.

MONTPELIER, Vt. – Waterfowl hunters who will have retrieving dogs with them during Vermont’s waterfowl hunting seasons should check waterbodies for cyanobacteria (also known as blue-green algae) blooms before allowing their dogs in the water according to the Vermont Agency of Natural Resources.

Cyanobacteria can produce toxins that are hazardous to dogs. Each year, there are several reports of dog deaths around the country caused by cyanobacteria.

“While cooler weather may knock down existing blooms on some lakes, the same weather may stimulate blooms on other lakes,” said Angela Shambaugh, an environmental scientist with the Agency of Natural Resources. “As waterfowl season gets underway, waterfowl hunters should know to keep their dogs away from cyanobacteria blooms. Because many of them are out on the water well before daylight, they should consider checking conditions the day before.” Read more

For many years, the DNR has provided a forecast of the upcoming deer seasons. In the 2018 Michigan Deer Hunting Prospects report, the DNR anticipates a successful year for many deer hunters, with indicators showing deer numbers to be up over last year. Biologists are expecting the number of deer taken to increase slightly from last year’s numbers, which were up more than 10 percent from the previous year across the state. Specific regional information is included within the forecast.

The DNR encourages hunters to familiarize themselves with current regulations before hitting the field. Deer regulations can be found at michigan.gov/deer. Other important resources include this year’s Hunting Digest and Antlerless Deer Digest – both available to download at michigan.gov/dnrdigests. Read more

By Glen Wunderlich

In 1997, the Michigan DNR changed hunting rules to allow firearm hunters to hunt from raised platforms. Since that time, the accident rate from falls has climbed and is now the leading cause of injury to hunters every year.  Not unlike people that do not wear seat belts while operating vehicles, accidental falls while hunting are largely preventable.  Whether it’s laziness, a lack of safety-related education, or the cost of safety equipment, each excuse pales in comparison to a life-threatening, paralyzing – or worse yet – a life-ending fall.  

Here are some tips.

·         If you tend to use the same tree and stand year after year and just leave it up, understand that live trees continue to grow.  As a result, fasteners, chains, and straps can become stressed, even though they may appear to be in good order.  It’s a simple and inexpensive matter to add a fresh ratchet strap or two.

·         When setting up a stand initially, it’s important to use a lineman’s belt and lifeline with a proper knot when climbing or descending.  Because most accidents occur while climbing, or stepping onto a stand, or descending, the lineman’s belt and lifeline allow a person to remain in contact with a tree at all times.  Plus, the hands-free aspect of the system facilitates stand installation and takedown safely.

·         Learning how to tie and use a Prusik knot is crucial to safety when climbing.  It is a friction hitch commonly used in rope rescue, mountaineering, climbing, canyoneering, and more. Prusik loop material should be approximately 60 percent to 80 percent of the standing (or static) line diameter. If the hitch is too small, the hitch will be tight, making it difficult to free and then move the loop. If the diameter is too large, the hitch will not tighten up enough to grip and will slip.

·         Flexibility is important. A cord that is too stiff will not allow the hitch to tighten enough to grip the standing line. In life safety applications such as rescue and belays, many authorities recommend the use of two tandem triple wrap Prusik hitches. Many authorities suggest using 8mm cord for 1/2? rope and 7mm cord for 7/16? ropes.

§  Ensure you do not exceed the stand manufacturer’s maximum height or weight settings.

§  Select a healthy, straight tree for your tree stand.  There are still some standing ash trees in the woods that may topple at any time.  Make sure to be able to identify them and avoid them.

§  Set up the stand with another person.

§  Let someone know where you are setting up your stand ahead of time.

§  Bring an emergency signal device, such as a cell phone or a whistle.

§  Use a full-body safety harness at all times, and remain connected to the tree from the time you leave the ground to the time you return to the ground.

§  Consider using a padded universal shooting rail for added safety and for a reliable shooting rest for firearms or crossbows.

§  Use a haul line to raise and lower equipment.  Never carry anything as you climb and make sure firearms are unloaded.

§  Familiarize yourself with your gear before you go.  The morning of opening day is poor time to learn.

§  Only use stands certified by the Treestand Manufacturers Association (TMA).

 

If any of this is too much to be concerned with, just hunt from the ground.

GW:  The rule change may not seem like a big deal; however, it’s always much more difficult to regain rights after having lost them.  It just didn’t make much sense as indicated, but look at the hoops to be navigated to comply and then to overturn.  Dang good work!

Posted on Friday, September 21, 2018

Earlier this week, the National Park Service (NPS) issued a final rule that will now provide archery hunters with better access to public lands that surround the National Park System.

Prior to the rule change, hunters could only transport archery equipment through National Parks if their bow or crossbow remained in a motor vehicle or other form of mechanical transport. As a result, bowhunters have been limited in their ability to cross National Parks (where hunting is generally not allowed) on foot or horseback to gain access to adjacent lands where hunting is legal – such as those managed by the Bureau of Land Management (BLM) and U.S. Forest Service (USFS).

Concerns about traversing NPS lands have been particularly relevant since Congress passed the law to allow individuals to carry firearms in National Parks in 2009. While these expanded allowances gave firearm hunters the opportunity to cross NPS properties to access adjacent huntable lands, the same privileges were not afforded to bowhunters. Due to the misguided interpretation of the law, access to certain parcels of BLM, USFS and even private land was made available to one type of hunter but not another.

In a press release announcing the rule change, NPS also noted that, “Some roads maintained by the National Park Service bisect private property, making it necessary to enter park land in order to cross the street from one section of private land to another. When other means of approach are otherwise impractical or impossible, those transporting bows and crossbows across national park lands will now have equal access.”

While the rule change provides much needed relief for archery hunters, those crossing NPS lands should remember that possessing bows and crossbows on Park Service property is subject to applicable state laws and is not allowed if the individual is otherwise prohibited by law from possessing a bow or crossbow. In addition, bows and crossbows carried across National Parks may not be “ready for immediate use.”

RALEIGH, N.C. – As deer season ramps up, the N.C. Wildlife Resources Commission reminds hunters to follow safety guidelines when hunting from a tree stand.

“Tree stand accidents are the leading cause of injury to hunters every year,” said Chet Clark, the Commission’s eastern outreach manager. “Most of these accidents are avoidable. Always remember to wear a fall-arrest system and use it properly. Also, follow your tree stand manufacturer’s recommended safety procedures. This little bit of precaution can mean all the difference when out in the field.”

The Commission’s hunter safety education campaign, Home From the Hunt, offers these tree stand safety recommendations: Read more

BIRMINGHAM, AL — Summit Stands today released a short film about Tim Crawford, an Alabama hunter who, in 2008, fell 25 feet from a treestand as a result of not using proper safety equipment. Crawford’s story serves as a cautionary tale as America’s hunters head back to the woods this month. September also happens to be Treestand Safety Awareness Month.

“At Summit, safety has always been our number-one priority,” said Martin Hill, director of marketing at PRADCO Outdoor Brands, Summit’s parent company. “With hunting seasons opening across the country, we wanted to take this opportunity to tell Tim’s powerful story with the hope that it might resonate with hunters as they climb back into their stands this month.”

After his fall, Crawford lay paralyzed at the base of his tree for eight hours before help arrived. He was told he’d never walk again. He defied the odds, however, and has regained full mobility, but it’s not lost on him just how fortunate he is. He wants as many people as possible to hear his story so that it might save even more lives. Read more