Accessing BLM and State Land - Whats Legal??

LopeHunter said:

Wouldn't trespassing be the statute? You are on land where the owner (State of WY) has declared is not open for hunting. A landowner in WY does not need to post signs, correct? The burden is on the potential trespasser to know where the property lines are, correct? And, the burden on the hunter to know if they are allowed to hunt on property? As an example, if state land is within a city limit or next to a prison then might not be open for hunting.

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Also, under the land board rules, you can hike, picnic, birdwatch, etc. on all the cultivated state lands you want...how would hunting there be trespass?

As I'm reading in this Land Board document https://drive.google.com/file/d/1w5Ez__WKUbx3Bj2s3pjBpBgQU3x9Qlz3/view ,general public use is prohibited on cultivated state lands, not just hunting and fishing.

Quote from the document, "Finally, cultivated croplands are not open to public use.
Please refer to Chapter 13 of the Board’s
Rules, which can be found at http://
soswy.State.wy.us/rules/rules.htm."

I'm not arguing the legal validity of the land board's claims, just stating that it looks like the land board believes that cultivated public lands are not open to public use in general, not just hunting and fishing.

BuzzH said:

An outfitter cant lease cultivated state lands under the land board rules...matter of a fact, under the rules, the lessee cant hunt it either, or give permission to hunt it.

But, again, what statute is being violated if they do?

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Buzz,

I can tell you with 100% certainty that Rockin 7 ranch hunts cultivated state land in Wyoming. Watched it done many times.

And I can tell you that according to the Wyoming G&F website hunting on cultivated state land is not allowed. Link provided.

I never said a statue was being violated. I said that according to the G&F website hunting on cultivated state land is prohibited, and I was 100% accurate with that statement.

So why don't you go ahead and just say what you want to say without trying to argue about it as TG isn't here today.

It's not really that hard to just say that you don't think the Game Warden or Sheriff would have an actual statute to write you a ticket for in that situation, if that is what you are getting at.

PrairieHunter said:

Buzz,

I can tell you with 100% certainty that Rockin 7 ranch hunts cultivated state land in Wyoming. Watched it done many times.

And I can tell you that according to the Wyoming G&F website hunting on cultivated state land is not allowed. Link provided.

I never said a statue was being violated. I said that according to the G&F website hunting on cultivated state land is prohibited, and I was 100% accurate with that statement.

So why don't you go ahead and just say what you want to say without trying to argue about it as TG isn't here today.

It's not really that hard to just say that you don't think the Game Warden or Sheriff would have an actual statute to write you a ticket for in that situation, if that is what you are getting at.

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Nope, you've been led to water...and I've had extensive talks with the GF and OSLI office.

BuzzH said:

Nope, you've been led to water...and I've had extensive talks with the GF and OSLI office.

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Several people have shown yow what we are referring to and it clearly states cultivated lands are not open for public use, including hunting. That is absolutely true, anyone can read it.

Now you are claiming to have had conversations that indicate there is no statute to write a ticket for as far as hunting, and that cultivated land is open to all activities from hiking to bird watching. That may also be true, but we have no way of knowing aside from your word which I have no reason to doubt.

In the end nobody is saying you are wrong, they are simply pointing out that what you are saying is in direct contradiction to what is written. That is all. I hope you are right about this, and about corner crossing.

BuzzH said:

Not my interpretation, or that of some in the LE division that I've talked to.

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That is the pprocedure that was relayed to me by law enforcement when I called and asked about hunting cultivated land a while back.
Citation will reference the statute giving the land board the authority to create regulation, then reference the regulation. I have not checked with Nesvik for further clarification and to dbl check the source so the info could be wrong.

PrairieHunter said:

Several people have shown yow what we are referring to and it clearly states cultivated lands are not open for public use, including hunting. That is absolutely true, anyone can read it.

Now you are claiming to have had conversations that indicate there is no statute to write a ticket for as far as hunting, and that cultivated land is open to all activities from hiking to bird watching. That may also be true, but we have no way of knowing aside from your word which I have no reason to doubt.

In the end nobody is saying you are wrong, they are simply pointing out that what you are saying is in direct contradiction to what is written. That is all. I hope you are right about this, and about corner crossing.

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Sure, and that is what the land board rules state...they also state that cultivated lands cant be outfitted either (confirmed with a sit down meeting with the OLSI staff). I also total believe you, that you have seen them hunted by an outfitter, a clear rule violation.

Have they been charged with anything? Obviously not, and there's a reason for that.

There are rules and there are laws and the LE division knows that as well.

Also, what about portions of State land that is NOT cultivated in a state section with a cultivated field...is the entire section closed via rule or just the cultivated portion?

If you're gung-ho that the rules state you cant hunt cultivated lands, you should be reporting the rule violation by the outfitter. My guess, not a thing will be done even if you report it, even though its clearly a violation.

For the record, we're trying to get the rules changed, and why I've had extensive conservations with the OSLI and LE Division.

I should also say that the OSLI doesn't even understand their own rules...and here soon, you wont believe the situation that Jeff and I are dealing with right now on a State Lands violation...unbelievable. Cant say much more about that right now, but the simple fact the State is dragging their feet on prosecuting makes hunting a cultivated field look like child's play...

And to make the situation even more complicated, the "cultivated lands" where hunting is not allowed has to be designated "cultivated lands" by the OSLI. Just because there is an alfalfa field on state land does not make it "cultivated land" unless that alfalfa field is so designated by the OSLI.

I know a couple alfalfa fields on state land south of the town where I live that are not designated "cultivated lands" by the OSLI, so can be hunted (both can be accessed via public roads).

ClearCreek

For good or for bad, what's technically legal and what's actually enforced by boots on the ground can be very different things. LEO choose not to cite all kinds of things every day - not surprised hunting regs are any different. So we can be left with the black letter legal answer (that in this case seems to be saying hunting cultivated leases are not ok) and a boots on the ground answer (that in this case suggests HTers have gotten mixed messages). As with many issues, folks can proceed at their own risk tolerance.