If you put a stand on public land, is it still your stand?

[Horner]

I see the point some of you are making and you are correct.  I'm glad I posted this it has opened up my eyes.  The reason I left them out is because I did not want to deal with the noise of setting up and tearing down everyday.  Its all about silence in the woods to me, however I can see how someone would take this as claiming that part of the woods for myself.
Thanks,
Horner

[Pat B]

...as long as you are sitting in your stand it is yours. Once you leave it, it becomes public...on public land.

[Morning Star]

I see the point some of you are making and you are correct. I'm glad I posted this it has opened up my eyes. The reason I left them out is because I did not want to deal with the noise of setting up and tearing down everyday. Its all about silence in the woods to me, however I can see how someone would take this as claiming that part of the woods for myself.
Thanks,
Horner

 

Just a suggestion


Using a quality portable stand can actually help a-lot in your hunting success.  Pick yourself up a good packable stand and sticks, climbing belt for hands free working and prepare your stand sites in the off season.   Some deer are sensitive to stands hanging in the tree anyhow.   The hang and hunt element of suprise has cost a lot of venison.   I bet close to half the deer I've killed in the last 4 years have been taken from hang and hunt outings.    Once you get a system down, it can be done quiet and efficient.  Really not as bothersome as most think.

Mike

[LocDoc]

If that's the case Pat B, next time you hunt public land and your truck gets stolen, (parked on public land, right) don't get mad. It's PUBLIC property now.

[pdk25]

Originally posted by vermonster13:
Now Biggie how many do you think would know who he is?

I do.  I wouldn't take someone else's stand, but if I thought about doing it, he would likely convince me otherwise.

[bowtough]

In Il. you can leave a stand up the entire season,but you are supposed to take it down at the end of the season. Tree steps are prohibited.
As brothers we should all respect one anothers property. I don't care how long a stand is left in a tree,I will not take it,it doesn't belong to me period!

[John Scifres]

A stand on public land should not be looked on as claiming a spot.  I have no problem hunting near one if it is vacant.  I wouldn't hunt out of one though.  I sure hope no one feels they are staking a claim by hanging a stand on public land.

I'm not sure about leaving stands up in Ohio but using screw-in steps is definitely a no-no.  A 30 second Yahoo search found this out.

 

Tree Stands

It is unlawful to construct, place or use a permanent-type tree stand, or to place spikes, nails, wires or other metal objects into a tree to act as steps or to hold a tree stand on public hunting lands. It is also unlawful to do any of these things on private property without first getting the permission of the landowner or the landowner’s authorized agent.
 

[bretto]

In Kansas any stand on public property can be used by Anyone. If You choose to leave Your stand in the tree and someone gets there before You they can legally hunt from it. It's not right but that's the law.

I only use climbers on public ground. Never leaving a stand even over night.

I had a stand stolen off of private property once and it really sucked!!!

[Brian Krebs]

Most fish and game departments fall back on the federal laws about duck blinds on federal lands; including highwater marked land on navigable rivers.

 First guy to a duck blind; gets to use it; that has been law for 35 years that I know of.

 But a treestand on public property; on forest service land - that is a different situation.

 I put out bear baits; usually one that I keep going; and that I hunt off of. I put up a stand and I leave it there. I use screw in steps; and I can see trees I used with screw ins in the past that are doing fine; and others that I never used die. If drilling a hole in a tree and letting the sap drip out kills a tree; then explain maple syrup production to me.

 I have found others in my stand. Do not envy these people. Once an outfitter put a guy over my bait; in my stand and said that he was having problems with hunters using 'his' stands; so he told the client to 'do what ever you have to- to keep others from using the stand'.

 Well - there was my bear bait; that I put two months of toting bait in on my back to. And here is this old guy in my stand - telling me to 'back off or else'. When I pointed out my name was on the stand - he realized that the outfitter was lying to him; but I let him stay there; heck even with a compound he was another bowhunter; who saved a long time for that trip. The next hunter that outfitter tried that on chased the client and the outfitter off. The outfitter returned; flattened all the tires on the legit hunters truck and ... when that hunter found him- well the outfitter got beaten ~really~ bad; and had to replace the tires with new ones.

 Violence is not why we go into the woods; and using someone elses stand is obviously wrong. If you put another stand in the same tree; well really there is not much of an argument about it being legally wrong; but ethically?

 As stated; if you find a hunters truck in the woods; you cannot use it. There are ATVs with materials to make them into stands... what about that?  If someone walked up and took your bow; it would be stealing. Why is not a stand respected for being personal property?

 I had an Ameristep ground blind set up on my bear bait; and baited the spot then pulled out until later that evening. When I came back a rifle hunter had put illegal bait on my bait pile ( its registered with a tag) and had moved the ground blind to where he thought it served him and his rifle better. In the process; he grabbed the blind with bait covered fingers; and the bears chewed on the blind. He had also driven his atv off road for a quarter of a mile to get right to the stand.

 Did he break any laws - well no- except unenforced atv laws. He essentially ruined my ground blind by moving it; he climbed into my treestand and cleared out all the brush I had to camo me; and he put a steelhead carcass on the bait ( illegal to use; but the fine goes to the guy who owns the tag; not the guy who puts the illegal bait there).

 I complained and the fish and game said that if you leave something in the woods; that other people have a right to use it.

 Well that kind of thinking leads to violence.

Yes on waterholes for antelope and duck blinds; there is conflict between hunters - but to use anothers blind or stand?

 Biggie points out that a person falling from your stand could sue you. How about the other way around; like if the stand is rated at 250 pounds; and some lard a$$ goes up there and breaks it; can we sue them? What happens if a treestep is faulty; like sawed to where it would break if you used it to climb with... I had someone to that to one of my treesteps once. If I had not taken a moment to test it; I might have ended up on the ground. What if someone else had decided to use the blind and the step had broken...who is liable?

 In Idaho you cannot interfere with the lawful hunting and fishing of another- its a misdemeanor to do so. Yet; the fish and game does not consider using another's blind 'interfering'.

 In a whole lot of our arguments we formulate our logic- based on where we are; and the particular situations we have faced. The guy out east hunting a small plot of public land will have a different logical conclusion about things; over a person that hunts tens of thousands of acres of federal lands.

 The bears I hunt check the area out totally before they come in. They do not like northern Canadian bears that have never seen a human; walk in and stare at the hunter in the tree and start feeding; they will not come in if they see a hunter; smell a hunter or think a hunter is there. For me to have to put in a stand everyday ( and climbers do not work on trees that are like christmas trees with limbs sticking out all over...); would just chase the bears off. It is again NOT like going to hunt bears in a place where human interaction is nil - where a guide has been placing bait for a month. Yeah there you put up a stand and that night -you might have a chance to get a bear.

 But the bears I hunt; they are not falling for that stuff. The boars live 30 years; and the sows learn to avoid the cub killing boars; and the boars are as smart as any whitetail I have come across. To walk in for 45 minutes to a bait; and in 90 degree weather; have to put up a stand; would make you stink bad enough the bears would not only smell you; but they lay up watching the bait; and would see and hear you put up your blind. And not come in ... maybe even leave the area for another.

 But the basic thing is; do you have a right to use someone else's property without their permission; and how does the law protect us from it: so that it does not lead to conflict?

 Apparently in some states is just your tough luck - which is not good for hunting.

 Then again - some departments really don't care about hunting - or hunters.

  and it shows itself in the rules they make.

Then again too: if someone walks up and pees on your leg; and you just stand there and complain... whose fault is it: that your leg is wet?

 Why do not fish and game departments put gps locators in stands and let these stand thieves explain- why they have someones else's property in their possession... like to a judge?

 Or are the officers busy that day ?

[Warden609]

Have you ever contacted the area manager of the land. It is possible that the stand was pulled by the agency that manages the land. Some states check the public areas and address all kinds of issues. Be warned I don't know the regulation in your state but it is possible that there could have been a violation with your stand and that is why it was pulled.

Just a thought.

[NorthernCaliforniaHunter]

Stolen, the arse-hat needs a good lickin'.

[DBerrard]

MN.. it's illegal to leave stands up. The conservation officers will confiscate the stand and fine you if they can find ya.
At last years Bowhunter education course someone questioned the officer if its legal to remove a leftover stand and the officer sort've danced around the question and said it's ok to remove them but they prefer them to be turned into the DNR. He went on to say they must be returned to the rightful owner if they ask for it back, but what are the chances of that happening..
As you said Brian, in some States its tough luck.

[DJTJR]

had stands taken from my private land too.  the guy even unscrewed some of the tree steps that came out more easily.  never thought i would have to lock stands on my own land.

[stick_string]

I agree..people should not steal, but this society has become lazy and earning money and saving up for something seems to be a thing of the past.

Another truth (there have been lots)...is that even if the police caught them...nothing would really happen.

[LKH]

In MT I would find stands locked to the only tree on a water hole.  Turned out many were put there by a gov't employee who had access to the area prior to the season while doing his job.  It was pretty aggravating not to be able to hunt these waterholes.  He put a lot of these stands up.  

This is why I think there should be limits to leaving stands on public land.

[Recurve50 LBS]

I do most of my hunting on public land. I once had a pop up blind stolen but never a tree stand yet. In the past few seasons I have changed my hunting tactics and now hunt on the ground 99% of the time.

While out hunting I have come upon many tree stands. Some in spots I'd like to hunt but since I was beat to the spot I just pass on by. I know that it would be easy to climb on up and hunt the spot but IMO that would be wrong.

I also inscribe my name into an unsuspecting part of the stand just in case I come upon someone sitting in it just to prove the stand is mine.

Remember dishonest people are everywhere.

[ishiwannabe]

I put my last four somewhere on each of my stands with a dremel. I usually lock them to the tree with a chain. Havent had one stolen yet.
Here in NY, you cant leave a stand on public/state land(cant damage any living trees either...no steps or screws). I use a climber.

I cant imagine hunting someone else's stand and feeling ok about it. I couldnt even begin to think of taking it. Sad what some people do...

[lucznik]

In my job as a Human Resources Manager and Hospital Compliance Officer I spend a lot of time explaining to people about the things they can and can't do.  One of the most common complaints I hear as I teach is, "but that's not right."  I then usually must spend an inordinate amount of time explaining the differences between what is "right" and what is "legal."  The two are often not the same thing at all.

For example, there are laws in every State that forbid the stealing of your car.  However, in many States (as we've already seen) the laws provide for the exact opposite in terms of hunting gear left unattended.  It may not be right, but that isn't going to get you very far.  Rail all you want against it but, unless and until you get your legislators to change the law, there will be no remedy for your loss.

I think you could also find losers and jerks on both sides of the argument. For example, why should a camper be subject to fines if they litter in public wilderness, while at the same time you are allowed to hang a 20+ lb eyesore in a tree and leave it there, possibly indefinitely?

Or why should you be able to lay an exclusive claim (and any reasoned "jury-of-your-peers" is going to agree that it is staking a claim) to hunt in an area of public land, just by leaving some of your personal property in the area (or in multiple areas)?

It's wrong that I should have to lock my home up when I go somewhere.  People should know that what is in there is mine, not theirs.  However, if on the basis of what's right/wrong I choose not to lock my doors, then I pretty much am asking for my things to be liberated from me.

So too with public land.  You should not leave your stuff there, at least not if you want to remain the owner of said stuff.  Right, wrong, or indifferent has no bearing on the matter.  If you leave it, someone will likely take it and there is often no legal remedy for you.

Also, if you have left your things on public land, others are going to use them and the laws have generally been specifically constructed such that the person occupying "your" stand will have more rights to it than you.  Right, wrong, or indifferent has no bearing on the matter.

If you don't like it, get ahold of your legislators and start lobbying for change.  Just don't hold your breath in the process.

[Molson]

Well I know who Fedor is too and I think Fedor would tell you not to leave your stand up on public land.  Not to excuse theft, but if it was up for two years it was far past time to be removed.  I think it is a bit of a stretch to call it theft when it was left that long both in and out of season.  Put something of value out on the sidewalk unattended and see how long it lasts.

Ironically, I've never had a stand stolen on public land, but have had many stolen on private land.  Trespassers suck...

[GingivitisKahn]

I'm not a big fan of folks leaving stands on public land.  It's no excuse for the other guy to take it, but for Pete's sake - a stand on a tree says 'this is my spot'.  If you leave the thing there for two years, are you in it every day?  Of course not.

Is it ok for another guy to hunt in your stand - I think most of us would frown on that and would avoid doing it.  What if he wanted to hunt from the ground with his back to that tree?  If you want to hunt today and the guy is there (on the ground close to your tree stand that's been there who knows how long), then is he a jerk for 'stealing your spot'?  

My son and I tend to be out 2-3 days a week most weeks during deer season.  We hunt public land and go great lengths to avoid messing up other hunters we see but when the woods are festooned with apparently abandoned stands, what's a guy to do?

No offense to the OP but I say leaving a stand up on public land (especially for such a long time) is little different than leaving a chair or a hat or any other litter out there.  It clutters up the place, gives the non-hunting public a bad impression of us (assuming people other than hunters use your area), and is grossly inconsiderate to your fellow hunters.

That's a pet peeve of mine - please forgive the heat of the reply.