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

[J-dog]

Where I hunt it is so thick, I hunt pretty deep in outta the way places, I doubt people ever find my stnads. I hunt exclusively on Game Lands, and my stands are mine! LOL

I do know that dog runners place home built wood ladder stands around the area they hunt deer with dogs. It is common to find other folks sitting those sets.

A duck blind on public water is open to first come first serve?? Does the same apply for a deer set?

J

[Dartwick]

No one should carry a stand away but from my perspective if you leave the stand there over night  you dont really have room to complain if other people use it.

By leaving it there you are preventing others from putting a stand in that spot.

[xtrema312]

Brian, good point.  Much does depend on the situation. Like for me I have had two back surgeries and have leg problems.  I can’t set for long and have to alternate setting and standing.  I hunt a tree stand because I can move more and change positions a lot.  Because I move a lot I hunt hang on stands in thick trees or big trees that hid me well.  I can’t use a climber on them.  I can't pack in heavy loads.  By time I get my bow, arrows, heavy outer layer (on back so I am not all sweaty when I get there) and small backpack with misc. stuff for a longer days hunt all loaded up that is about all I can manage to carry.  I have done a lone wolf hang on and that is not too bad if the walk is not real long and it is early season so I can travel light; even that is when I have a ladder out and set already.  In Michigan we can’t uses screw in steps, and I wouldn’t if I could because I don’t think they are safe for me to use.  I have to use stick ladders so I can climb them safely.  When I hunt I have to pack in the stand, then the ladder.  Then I set up and go back for the rest.  When I hunt public I set-up in a mid day, and then hunt for a few days.  Then I take the stuff out.  It is public land so I have no right to save the spot or call it mine, but is it fair for me if someone out runs me to my stand in the morning or gets an early start in the afternoon and beats me to it?  If that happens I honestly would have to make several trips through the woods to try and relocate my stand.  I would just drive back home.  

I know some older hunters and young hunters that can’t pack all that stuff in and out all the time.  I have a little girl that will be hunting soon.  I can’t expect her to pack all that in and out even a climber the first couple years until she grows more, and I sure can’t pack double equipment.  Trying to make 4 or 5 trips in to setup in the morning and then pack it all out after the hunt every time?  I don’t think so.  I only wish I could still pack all that stuff on my back.

[Missouri Sherpa]

Brian,

I am with you on this one.  Doesn't make any sense for baiting bears to take down your stand.  Your bait site is registered with the state for the duration of bear season and then it has to come down with the close of the season.  I think bear hunting in Idaho and deer hunting in the east or midwest are comparing apples and oranges.  In some states such as Wyoming they only allow one bait per section or something like that.  To hunt another man's bear bait would be unethical and unacceptable behavior.  Deer densities are much greater with much more overlap of animal ranges especially during the deer rut.
I have not read very many of these posts to know what has been said but I think a deer hunter needs to take his stand down from public land or risk having someone else use that same spot.  First come first served is right.  Early bird gets the spot.  In my book, on public land if someone beats you to a hunting spot you have an obligation to move on, quietly without disturbing your fellow hunter.

[Red Armed Panther]

In MA if you put it on public land it is no longer yours. However it is a nice idea that respect still exists.

[xtrema312]

Originally posted by J-dog:
 

A duck blind on public water is open to first come first serve?? Does the same apply for a deer set?

J

Good question and I was thinking the same thing.  I am also a fairly serious water fowler when the rut is not going and it is really bad weather for bow hunting early or late in the year.  In my state the waterfowl hunting rules and the tree stand rules are not exactly the same.  Both require you to mark the blind/stand.  The tree stand rule states “not guarantee exclusive use” where the waterfowl rule states first come first served.  There is a difference in my mind.  Both have limits on when you can put up and when you have to take down a blind/stand.  

Due to the much more limited availably of water hunting spots on public land duck blinds can be a major contention and pain.  Many hunters will not bother to build blinds, but would rather have someone practical or literally camp out in blinds all night to claim it. I don’t bother building or hunting blinds on pubic land anymore.  You have to mark it so it is your responsibility to take it down.  You can’t hunt a blind that is not marked.  It is not much fun to build and take down a blind you have to then stay up all night to get to hunt.  If it is a real good hunting area it is often regulated by lottery for hunting spots just to make sure there is no trouble.  I hunt several areas in Indiana and Michigan and that is the way to go.  I also hunt places in Indian that require you to check in and sign out an area to hunt.  I like that a lot.  First come first served, but you know if your first before you hit the woods.  I would like every public hunting area to be like that when possible.

[Brian Krebs]

I think it goes to navigable waters - there is a right of way on both sides; and its first come first served on those blinds. Its funny; in Michigan on ponds on private land with many owners- blinds still went ungrudging to the first person there.

[String Cutter]

My Dad was having stands stolen off of property that he was leasing. He simply placed a Muzzy about 5 steps up. Next week he went to the stand he said there was so much blood on the tree and on the leaves he thought for sure he had killed the theif.
No more stands were stolen from my dad after that.. Dad was a Hard A$#.

[R.W.]

Hmmm.

Well, I wouldn't be happy if I found someone sitting in my tripod stand. (That is put there on approval of the landowner) And I would definitely have something to say to the lowlife who I found sitting in my stand.

Those who outright steal stands are merely thieves. Not "hunters," most certainly not "sportsmen."

I see this kind of like parking your car on the side of the road. Because it is there, it doesn't give anyone who happens by the "right" to sit in said car, use the car, OR take the damned car! And I think most courts of law would agree with that sentiment.

People have no "right" to utilize your stand (without permission) than they have a "right" to use a vehicle left parked.

If regulations state that a stand/blind etc, is to be removed when not in use, then such equipment should be removed. This is kind of like parking in a "no parking" zone.

While you may be fined, or your stand impounded by the "authorities" it does not give others the right to use, or STEAL your equipment.

If a person believes that a stand/blind is in violation of regional laws, then they must report such a violation. But it doesn't give anyone the right to steal such equipment.

[GregD]

In N.J. if you leave a stand up on state land it legally becomes open to use by anybody who wants to use it. I don't know of anyone who's ever done it but I can't imagine it going well. I have seen guys there chain in a stand and dump a few buckets of corn on an oak flat that's dropping a couple of tons of acorns assume ownership of the area and all the deer because they are coming in to their bait. A guy could monopolize a nice chunk of ground with a few stands. I think it's a much bigger problem in areas where there is a lot of cometition for a small amount of land.