State trespass laws favor land owners
Pittsburgh Post-Gazette
Private property owners nationwide continue to report incidents of defiant trespass by hunters. But according to a survey released this month by a pro-hunting organization, nearly threefourths of hunters have had their own problems with trespassers.
In a weekly newsletter, the National Deer Alliance, a Columbus, Ohio-based nonprofit group that supports hunting heritage and the conservation of all species of wild deer in North America, asked members if they had personally dealt with trespassing issues on private land that they own or have permission to hunt. Of nearly 1,000 respondents 74.1 percent answered “yes.”
“It shouldn’t be this way,” the NDA commented on its website, “but the reality is, for one reason or another, some people just have to push the boundaries [pun intended].”
When members were asked if they believe that trespassing is a major issue in their area, nearly half, 45.2 percent, said it was. Almost 38 percent didn’t think so, and 22 percent weren’t sure.
But when asked if they had ever reported a trespasser to the authorities and if the violator was prosecuted, only 10 percent responded “yes.” About 45 percent said they had never turned in a trespasser, and an equal proportion of NDA members, 22.5 percent, said they had never caught a trespasser, or had filed a trespassing complaint but the violator wasn’t prosecuted.
Pennsylvania law leans strongly on the side of landowners. While about 80 percent of Pennsylvania land is privately owned, the state Game Commission says most hunting occurs on private property with the direct or implied consent of the owner. Hunter access to private land is so important to wildlife management and the state’s $1.5 billion hunting economy that several years ago legislators strengthened the Recreational Use of Land and Water Act, which protects landowners from liability involving sporting accidents or firearm discharges when they allow free recreational access to their land.
In a 2003 report on the property-access decisions of Pennsylvania landowners, Penn State University researchers found that about 69 percent of owners post their land for reasons including control and use of the property, previous negative experiences with hunters, liability and safety. Thirty-nine percent of all posting landowners said that a single event caused them to ban public hunting. And the Pennsylvania Farm THIS WEEK: Penalties for trespassing while in possession of a sporting arm should be greatly increased and uniform across Pennsylvania to encourage better hunter-landowner relations. • Yes • No • LAST WEEK: I have been ice fishing in Pennsylvania at least once in the past five years. Bureau reports that the main reason its members strongly oppose Sunday hunting is because of prior problems with trespassing hunters.
For the record, Pennsylvania landowners can forbid access to their properties even when no signage advertising their intentions has been posted. Despite the misconceptions of many hunters, “No Trespassing,” “Private Property” and “Safety Zone” signs are legal and enforceable even if they’re not signed or mounted on frames.
Flies ‘n’at
• Accuracy games and distance events using 5-weight lines will be on the schedule when the Pittsburgh Casting Club hosts a tournament Feb. 15 at the Pittsburgh Indoor Sports Arena in Cheswick. A $20 registration covers both events. The tournament runs 8-10:30 p.m.
• A 10-week beginners fly tying course presented by Allegheny Fly Tyers is underway at International Angler in Robinson ($20, $15 for kids). Another beginners course runs Jan. 16 through Feb. 20 ($75), and a free Youth Fly Fishing 101 workshop is scheduled for 11 a.m. Jan. 20. Details and registration at 412-788-8088.
• At Orvis of Pittsburgh at TheGalleria of Mt. Lebanon, a Fly Tying 101 course is underway Saturdays through Feb. 24. A streamer tying demo is planned Jan. 20, and an intermediate fly tying course will beheld Jan., 25, Feb. 8 and Feb. 22. All of the events are free. Details412-343-1612.
• Fly Tying for Steelhead clinics, 7 p.m. Jan. 24 and Jan. 31, are free at L.L. Bean at Ross Park Mall in Ross. For details call, 412-318-1200.
• A free tying demonstration will be held 7 p.m. Jan. 24 at the meeting of the Upper St. Clair Fly Fishing Club at the Old Rec Center in Upper St. Clair. For details call, 412-835-6107.