Mia Sheppard

February 15, 2017

No Trespassing Signs on Public Lands? It Isn’t What You Think

These days, it seems that everybody wants a piece of America’s public lands all to themselves. But the strategists behind the land transfer movement aren’t the only ones creating confusion to keep you from your public lands.

This fall, we received the following inquiry from a hunter in Oregon.

Q: What should I do when I find a “no trespassing” sign on public lands?

To whom it may concern,

I have a question regarding the posting of ‘No Trespassing’ signs on public land. I hunt late-season blacktails on public land in the Soda Mountain Wilderness of southern Oregon. The wilderness is adjacent to BLM lands and private lands.

I use the OnXMaps mapping service on my phone, and I always make sure to stay off of private land while I’m hunting, so I thought it was weird when I saw ‘No Trespassing’ signs posted within the wilderness boundaries. Even though I assumed the signs were incorrectly placed, I stayed off of the so-called private property and headed down the hill to my truck. At the trailhead, there was a landowner trying to find who had been hunting on his property. He threatened to have the trailhead closed and to prosecute the alleged trespasser to the maximum extent of the law. He wasn’t specifically accusing me, but was heavily insinuating it.

I pursued the issue and looked up BLM and wilderness maps online; they all showed that the landowner had placed ‘No Trespassing’ signs well into public lands.

It seems like there should be a significant penalty for this misconduct, but I cannot find any information regarding this issue.

Any tips or recommendations would be greatly appreciated.

Thank you for your time.

-Jason Y.
Coos Bay, OR

The line between public and private lands must be respected, from both sides. Image courtesy of Mia Sheppard.

We thought it was an excellent question because, as in the fight against state takeover of national public lands, we don’t believe the hunting and fishing public should get locked out so that a select few can benefit.

A: Let officials know, and be courteous.

From my point of view as a fellow Oregon public lands hunter, I can understand why you’d want to avoid this kind of confrontation and get to the bottom of things. It’s hard to say whether this landowner truly was mistaken about his property line or putting on an aggressive show. I reached out to Sean Carothers, a former BLM law enforcement officer in central Oregon, for his take on what to do next.

“I would contact the appropriate BLM district—I believe that’s the Medford District—and ask to speak with the law enforcement staff there,” says Carothers. “The BLM has regulations about ‘Interfering with Lawful Use’ and posting public lands as private is a classic example of that.

“At the very least, a ranger will go out and remove the signs. If it’s possible to identify the person who put the signs up, they will contact them and clear up any confusion about where the boundaries are and document the conversation so if it happens again, there’s a record for future enforcement. It could be a simple misunderstanding or it could be someone claiming public lands as his own. Either way, if the land truly is public, the signs are illegal and the district should do something,” he says.

The way I see it, in these vast landscapes interwoven with public and private lands, the improved mobile mapping technology we have at our disposal is now more accurate than what we had decades ago, but that doesn’t make them flawless. Fences or ‘No Trespassing’ signs may be misplaced, but we as sportsmen need to be respectful, and give the landowners the benefit of the doubt.

If you have any question, please take the higher ground and heed Sean’s advice: Call the BLM and let their law enforcement experts handle it. Be sure to take note of the precise location as well. Screenshots of your maps, pictures of the fences or signs, as well as the coordinates of your whereabouts are all good to pass on. The BLM can take it from there.

“Fences or ‘No Trespassing’ signs may be misplaced, but we as sportsmen need to be respectful, and give the landowners the benefit of the doubt.” Image courtesy of Mia Sheppard.

Part of being public lands proud and an original conservationist is being a good steward of the land—this includes respect for both public and private boundaries, even when you’re in the right and someone else might be mistaken. Someday you might need to knock on that landowner’s door to ask his permission to retrieve lawfully taken game that crossed onto his accurately marked property.

It’s important to remember that we’re all doing PR for hunting and fishing, in every social media post and every interaction with a non-sportsman. And we’ll come to rely on the image and relationships we’ve built as we work to uphold Theodore Roosevelt’s conservation legacy and our country’s rich history of public lands access.

10 Responses to “No Trespassing Signs on Public Lands? It Isn’t What You Think”

  1. There is federal law regarding this situation and the landowner could be sentenced to up to one year in jail and $1,000 fine. Under the Unlawful Inclosures Act 43 USC section 1061-66, If the citizen blocked from trying to use the public lands feels compelled, they can file a citizen affidavit with the US Attorney’s Office in the proper district, and the United States is required by law to file a civil suit against the landowner or the party creating the unlawful enclosure. It is nice to seek agreement and help from relevant law enforcement as the article indicates but they may not always be willing or fast to act – the UIA, a Congressional Act, is another option. There is also federal regulation addressing signs specifically, 43 CFR 4140.1 (b)(7) (7), Interfering with lawful uses or users including obstructing free transit through or over public lands by force, threat, intimidation, signs, barrier or locked gates – punishable by a $500 fine. In some cases there are also state laws such as hunter harassment but they are rarely used or enforced. I would like to hear TRCP’s take on the UIA and whether it may be applicable to landlocked public lands, specifically where it states a violation of the UIA is, “the assertion of a right to the exclusive use” to the public lands.
    http://uscode.house.gov/view.xhtml?path=/prelim@title43/chapter25&edition=prelim

  2. Madashell

    This article assumes that the penalties will be enforced. Based on the Bundy experience, federal land agencies tend to back down to the landed gentry. The Bundy’s owe a huge amount for grazing violations and may well walk free even longer after the current trial, so I put little faith in the suggestions above. I know what my response would be to some welfare cowboy’s no-trespassing sign, but here in the land of exceptionals, land of free speech, I might be arrested for voicing it.

  3. Michael Sandoval

    If the Ranger removes the signs but can’t identify who put them up, isn’t it possible that this would lead to an angrier person who put the sign up in the first place. If a landowner mistakenly puts up signs on property that is not his own, I would hate to be confronted by an angry landowner who feels that I am trespassing and maybe thinks I am the person who is taking down his signs .

    • Madashell

      Michael, landowners know their boundaries, down to the last inch, as well as they know the subsidies they receive, down to the last cent. But, they’re pretty fair actors, especially the anger part, since they are truly angry that anyone would take issue with their having posted public lands. They hate getting caught.

      • Madashell

        Another old trick of the landed gentry is to put locked gates on public roads. Used to be BLM would cut off the locks, but those days are gone. BLM suffers from regulatory agency syndrome, in that they identify more with welfare livestock farmers than they do with the public.

  4. Don’t be intimidated by “land grabbers” like this. I find it very hard to believe he does not know it is public land. Guys like this are just trying to intimidate for whatever their selfish reasons are. Confront the issue and turn him and is pickup in to authorities. Several western states are now emboldened to continue their own little sage brush rebellions. I now refuse to visit or do business in these states, like Nevada and Utah.

  5. Kevin Miller

    Over the past 20 years or so, my friends along with myself have had a few run-ins with Ranchers out in WY, where typically laws always are tipped in their favor, with perhaps the exception of having gates and mis-marked property boundaries posted inaccurately between theirs and BLM, NFS, State lands, etc.. Personal experience tells me it is wisest to avoid potential and unnecessary conflict. When my friends and I knew our coordinates and were able to provide evidence pictures, the proper officials have remedied the problem. I now make sure that my phone has the numbers to any of the offices that may oversee land, just in case.

  6. I ran into this very situation in Nov 2016 near Jordan Valley, OR. A gate was locked and posted, and the rancher showed up to run me off. But once I pulled out a detailed map and asked him to show me where we were, and how I was in the wrong, I could tell he was lying. But I still had to leave, and my hunt plan was ended. Called the BLM the next week, they knew immediately by my description who it was. BLM said rancher would remove the lock. But I doubt he has ever been fined or even hand slapped.

  7. C pallas

    Read all these articles. Makes me wonder about all the miles I’ve traveled in utah trying to hunt coyotes and found nothing but mile after mile of fence with closed and locked gates in what my map told me was public land.

  8. C pallas

    After reading these comments, I, agree one should be respectful. However, at the same time, I’m thinking; to hell with that! These are nothing but greedy people and they deserve NO respect… I’m just saying.

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Kevin Farron

February 8, 2017

A Public Land Victory in Wyoming is Overshadowed by Looming Threats

Out West and on the national stage, recent wins for public lands prove that our voices matter, but we can waste no time patting ourselves on the back

Recently, sportsmen and women in Wyoming were instrumental in keeping state legislators in line by speaking out against a constitutional amendment that would have set the stage for transfer of America’s public lands to the state. The amendment would have sent the message to D.C. that Wyoming is willing and able to take over public lands, if given the chance. (Even though, as most of you know, this is not just an unpopular idea, it’s also financially inconceivable.)

Since some federal lawmakers are working to make this happen, too, an immediate response from hunters and anglers was critical.

What Exactly Went Down in Wyoming?

The text of this legislation was deliberate: Wyoming lawmakers carefully reserved the right to exchange newly acquired lands, and even sell them, but only for “public purposes,” which, conveniently, were not defined. This was nothing more than another veiled attempt to take over the public lands that are the backbone of our hunting and fishing heritage, and sportsmen and women, the original conservationists, were not fooled.

Hunters, anglers, and other public-land enthusiasts packed two public hearings about the proposal and testified with an overwhelming No way, not our lands! In just a few short weeks, nearly 1,000 of TRCP’s advocates in Wyoming sent 1,980 letters to their state representatives, urging them to reject this bad idea. You called, emailed, faxed, and showed up in person to voice your displeasure. It took all of us to finally get the message across.

The result was empowering and an example of the clout that hunters and anglers have when we unite and take action: The Wyoming legislature dropped the land transfer amendment, and the window to propose anything similar has passed. We want to thank you for showing that everyday sportsmen and women are a force to be reckoned with and for helping us make a difference in the Cowboy State.

A packed house greeted the Wyoming State Legislature’s Federal Natural Resource Subcommittee during a December meeting to discuss the proposed constitutional amendment to transfer public lands. Image courtesy of Keep It Public Wyoming
The Tide May Be Turning

Fortunately, this pattern seems to be playing out elsewhere. A few days after we heard the good news in Wyoming, sportsmen and locals rallied at Montana’s Capitol in Helena, chanting “keep public lands in public hands.” It was impossible for lawmakers to ignore the more than 1,000 people decked out in camouflage and brandishing signs in the rotunda and stairwells.

There, Governor Bullock reaffirmed his commitment to public lands, rallying the crowd with his proclamation that “the proposals to transfer public lands have no place in this building and they have no place in Montana.” But he didn’t stop there. “Not only do we need them to hear us here in this building,” he cried, “but we need them to hear us all the way in D.C.”

His comments seemed to foreshadow the events of last week, when social media blowback forced Utah Congressman Jason Chaffetz to withdraw his bill that would dispose of 3.3 million acres of our public lands. As satisfying as that was to see, it is critical that we keep our game faces on and keep speaking up, especially because not all threats to our public lands are highly publicized and obvious.

A public-land hunter in eastern Montana’s Missouri River Breaks. This and the title image are courtesy of the Bureau of Land Management.
Your Opposition Checklist

We all need to stay vigilant and informed, and when called upon, hunters and anglers everywhere need to make sure their voices are heard loud and clear. Since it’s the off-season, we’re pretty sure you’ve got the time. Here’s what to do:

  • Sign the Sportsmen’s Access petition. This will send your elected officials a note letting them know that you support public lands and ensure that you’ll be the first to hear from us about developments on this issue.
  • Stand up for your voice in public lands management. You are an important part of the democratic process on our BLM lands, and your access means nothing without healthy habitat and strong fish and wildlife populations once you’re out there. Better planning for all the diverse ways we use public lands also means that detractors have less of a case for saying that land management is dysfunctional.
  • Call a friend east of the Mississippi and bend their ear about this issue. Their congressmen and women will cast votes on legislation that shapes our public lands. We won’t get very far if only half the country thinks it’s their problem to stand up for America’s public lands legacy.

We should pat ourselves on the back for our recent triumphs, and feel inspired and confident about the outcomes we helped to shape. But there will be bills that do not disappear overnight. They will get hearings and may force your elected officials to choose what side they’re on. Make sure there isn’t a choice. Make sure our lawmakers are siding on the side of sportsmen. And make sure whenever they look over their shoulder, it’s a sea of blaze orange they see looking back.

Dani Dagan

February 7, 2017

The Latest Threats to Public Lands Are Less Obvious Than H.R. 621

If you were shocked and angered earlier this year by a bill to dispose of public lands, then you should know about these less blatant—but similarly dangerous—legislative moves

[Editor’s Note: This post was originally published February 7, 2017 with ten legislative threats—one of which has become a reality for 245 million acres of Bureau of Management Lands. The post below has been updated as of March 29, 2017 with the latest on these developments and the newest threats to our public lands legacy.]

In February, sportsmen flooded the office of Rep. Jason Chaffetz (R-Utah) with phone calls, letters, tweets, and Facebook messages about his unpopular and dangerous public lands bill, H.R. 621. Shortly after, he dropped the legislation that would have enabled the sale of 3.3 million acres of public lands.

We celebrated. We were reminded that our voices have power. Then, we went back to work.

Here’s the thing: The tug-of-war between Americans who are proud to have 640 million acres of public lands as their birthright and those who seek to undermine these lands has never been tied to one individual bill, state, or lawmaker—it’s a longstanding ideological battle that puts conservation, access, and our hunting and fishing traditions on the line.

And, because D.C. politics are hardly ever as simple as black and white, the intent to transfer or sell public lands isn’t always explicitly stated in a bill’s title. To add to this confusion, sometimes a “win” for us is when nothing happens at all—a bill is introduced, never receives a hearing or co-sponsors, and gets swept from the docket at the end of that Congress. H.R. 621 languished in obscurity in this way last year, and Chaffetz probably wasn’t prepared for the backlash from public lands advocates when he reintroduced identical legislation in 2017.

Well, it’s a new day, and sportsmen are watching. Keep your eye on these legislative actions that would dismantle our public lands heritage, piece by piece.

BLM/BobWick H.R. 621
Top and above images courtesy of Bob Wick/BLM
The Pesky Budget Hitchhikers

We expect that the Fiscal Year 2018 budget resolution will pick up legislative riders like fleece picks up burrs. Riders are policy priorities tacked onto larger must-pass legislation and, coupled with bills that help guide government spending, they could have scary implications for public lands and habitat. Pretty much anything is fair game, but we’re keeping an eye out for language that undercuts federal plans to benefit sage grouse and the broader sagebrush ecosystem. Because stripping federal authority over management of national public lands is a big ol’ slippery slope.

The Sneaky Sage Grouse Bill

In fact, Senator Jim Risch (R-Idaho) has already introduced legislation (S. 273) that would give state officials full authority over state and federal conservation plans to restore sage-grouse habitat. This might sound mild, but don’t be fooled—transferring control of management plans is a back door to transferring control of the land itself. This would be “an unprecedented shift of management responsibility that erodes the implementation of bedrock conservation statutes,” according to Ed Arnett, our senior scientist. Congressman Rob Bishop (R-Utah) introduced a near-identical bill last year.

The Other Chaffetz Bill

In addition to the bill he withdrew*, Rep. Chaffetz also introduced the “Local Enforcement for Local Lands Act” (H.R. 622) as a measure to pull funding for federal public-land law enforcement. This bill is still alive in Congress and has six co-sponsors.

*Many of you have asked why it appears that H.R. 621 is still alive in congressional records and online, even though Chaffetz requested that the bill be withdrawn. Well, the committee chair is the one who officially files the forms to withdraw legislation and strike it from the books—and nobody likes doing paperwork. It’s typical for bills to collect dust in committee until the end of the congressional year.

The Forest Fire Sale Bill

The “State National Forest Management Act of 2017” (H.R. 232), introduced by Rep. Don Young (R-Alaska), would take two million acres of National Forest System land away from Americans to be managed solely for timber production (read: short-term profit.) Just a friendly reminder that this could transfer management of all of Pennsylvania’s Allegheny National Forest to the state. This language was originally introduced in 2016 and made it the next step to a committee hearing, despite sportsmen’s outcry. The 114th Congress wrapped without seeing that bill move any further, but now it’s back for round two.

The Zombie from Nevada

The “Honor the Nevada Enabling Act of 1864 Act,” introduced last Congress by Rep. Mark Amodei (R-Nev.), was an explicit attempt to transfer federal public lands in Nevada to state ownership—at which point public access could be barred. While we haven’t seen this language reappear verbatim, Amodei has introduced two public lands bills so far. The Small Tracts Conveyance Act (H.R. 1106) would allow for the sale of some federal public lands in Nevada to private landowners or other entities, and the Nevada Land Sovereignty Act (H.R. 243) prohibits the expansion or establishment of national monuments in Nevada.

The One Where the Math Doesn’t Add Up

Last year, the “Self-Sufficient Community Lands Act” passed out of the House Natural Resources Committee, but didn’t make it to a floor vote. It never should have made it that far. Introduced by Rep. Raul Labrador (R-Idaho), the bill would have given management authority for large segments of our national forests to “advisory committees”—no previous professional experience in forest management would be required on these committees. Conservation and access would surely be an afterthought to generating revenue, but the financial burden of wildfire management would still be on the American taxpayer. That’s why we’ll be watching for something similar to emerge.

The State Bills

Bills at the federal level aren’t the only place we see shots fired at public lands. There are clear examples of state legislators easing the skids for public land transfer in OregonWashington, and Utah. Even in Missouri, a resolution encouraging transfer of Western federal lands to the states is making its way through the state legislature.

The Lesson

It’s easy to get complacent as long as these threats never really come to a head. But consider what’s already been lost this year.

Alarmingly, Congress has already voted to roll back public involvement in public land management by blocking the Bureau of Land Management’s new planning rule through a Congressional Review Act resolution of disapproval. The resolution, which could eliminate the BLM’s ability to provide similar benefits in a planning rule ever again, was signed into law by President Trump on March 27, 2017. Planning 2.0 was the result of more than two years of collaborative work, and overturning it was a gut-punch to sportsmen who celebrated conservation benefits for big game migration corridors and backcountry habitats.

And, in Oregon, a two-to-one vote by the State Land Board is likely to seal the fate of the Elliott State Forest, which is much beloved for its recreation opportunities, including hunting and fishing, but has been a drag on the state budget sheet. Federal public lands aren’t managed for profit, but they would be in the hands of the states. Now, it’s likely that the Elliott will be sold. This could make it the poster child for what could happen to America’s public lands if land transfer proponents get what they want.

It’s also a reminder of why we’re fighting tooth and nail to keep public lands public. Give them an inch and they’ll take millions of acres. Let your elected officials know that our public lands are not for sale.





by:

posted in: Sportsmens Access

January 30, 2017

An Uncertain Future for Public-Land Bear Hunts Like This One in Montana

Here’s what’s at stake in Montana’s Flathead National Forest if our public lands are managed for short-term financial gain

By Guest

On a rock outcropping, I sat perched over a large canyon in the Swan Valley, with my eyes glued to a pair of binoculars, scanning the adjacent mountainside. Montana’s spring bear season had only been open for three days, and typically doesn’t produce this early, but I was too excited not to be out there.

Just a few hours prior, I had been sitting at my kitchen table working on a term paper, but my mind kept wandering back to the thought of snowless foothills, fresh mountain air, and the chance of finding an early-season, public-lands black bear. I had to get out here. It couldn’t wait until tomorrow.

I’d have to reckon with my procrastination later, but my decision to spend that time in the Swan Valley paid off. After glassing for less than an hour, a color phase bear ambled out of the timber to feed. I watched for nearly an hour, long enough to determine that the bear was alone, unaccompanied by cubs, and therefore legal.

The wind spoiled my chances of sneaking in close enough for a shot that night, but I’d be back the next day.

Image courtesy of the US Forest Service


A Shortsighted Proposal

Just a few months later, right down the road from that spot, the Lake County Conservation District (LCCD) pitched a too-good-to-be-true proposal to the locals that would transfer management of these public lands to the state for the next 100 years.

Instead of public lands being managed for multiple-use, the proposal would take a strictly short-term, for-profit approach that would benefit a few at the expense of the rightful owners of these public lands: every single American. Approximately 60,000 acres of the Flathead National Forest would be utilized purely for its available timber commodities, with no regard for the long-term health of the forest or watershed.

Wildlife, like the bear I’d been watching, would surely be an afterthought.

A proposal like this wouldn’t just be bad for today’s sportsmen and women, but for every future generation of public-land users, as well.

The LCCD is now asking for public comment on their proposal, so there is an opportunity for hunters and anglers to put a stop to this. Allowing a proposal like this to move forward sets a dangerous precedent for other transfer initiatives to find footing throughout the West.

Luckily, there is something you can do.

Back to the Bear

When I returned to find the same bear less than 400 yards from where I’d seen it feeding, I moved quickly to get into range before the winds shifted, and I was able to harvest an impressive public-lands bruin.

After field dressing the bear, I sat next to a small fire and admired the thick, full, chocolate-colored hide of a unique black bear. Beside me, spaced out across a log to cool, lay four game bags full of bear meat. Another bag sat full of bear fat, which I’d render down for cooking oil and pie crusts. The bear had wintered extremely well, and none of him would be wasted.

Around midnight, my roommate Eli arrived to help with the heavy pack-out. We raced the sunrise back to the trailhead and were able to make it home with just enough time to shower and rush to campus. I made it to my first class on time, with baggy eyes and a wide, accomplished grin.

“The bear had wintered extremely well, and none of him would be wasted.” Image courtesy of Trey Curtiss.


Time to Take Action

If the LCCD prevails in obtaining land-management control, public-land stories like mine won’t come out of Swan Valley for a long time. And this isn’t just about my ability to hunt this specific spot; the issue of transferring national public lands to the state could play out across our entire country. Every American who takes part in our shared public-land heritage needs to pay attention and take action. Hunters and anglers truly are the #originalconservationists, and now is the time to prove it.

It can’t wait until tomorrow.

Trey Curtiss is a native Montanan and lifelong hunter. He’s currently wrapping up his final semester at the University of Montana, where he’ll graduate with a bachelor’s degree in resource conservation. When he’s not pulling all-nighters packing out big game (or writing term papers) Trey works as an intern for Backcountry Hunters & Anglers in Missoula, Mont.

by:

posted in: Sportsmens Access

January 18, 2017

Our Public Lands Are Classrooms That Are Too Valuable to Lose

Lessons from a youth hunt in the public lands around Oregon’s Elliott State Forest have a major impact on father and son, but opportunities like this are at risk

The subtle click of the safety disengaging made my heart race. Every emotion, logical thought, and sense focused like a laser to the moment. To say I was a nervous wreck was an understatement.

Chase was a lot calmer than I was. He’d already passed on a shot that he said didn’t feel right, but it was clear he’d made up his mind about this plump little forked horn buck standing across the cut, just east of the Elliott State Forest. As a dad, I prayed for a clean shot, as I have personally experienced the ramifications of a poor one and hoped Chase wouldn’t have to go through that with his first youth tag. But I could almost taste the backstrap, too, so I struggled to keep my cool.

I heard the crack of the .270 and watched the buck fall in its tracks. Emotions poured out of both of us, and a sacred bond had been made between father and son. Chase and I were now of the same make, the same tribe.

Image courtesy of Nathan Bailey.

This story plays out for families across the U.S. every year. Young men and women learn lessons that only the realities of the outdoors can teach: Patience, perseverance, responsibility, success, and disappointment are what this lifestyle is all about. Such lessons can only be taught outdoors, but our classrooms—our public lands—are under the threat of being locked up.

There is a big push in the West for states to obtain the federal lands within their borders. On the surface, this might seem like a good idea, but state governments have a long track record of selling off land to meet budget shortfalls.

This issue is very personal to me here in Oregon, where the sale of the Elliott State Forest has been playing out at the expense of taxpayers for years. That sale appears to be tabled for the moment, as our governor has asked to explore ways to keep the lands public, or at least to make a private sale more appealing to the public. But, at one point, there was a long list of buyers, topped by some private companies known for closing public hunting and fishing access. That’s how state ownership goes.

Image courtesy of Nathan Bailey.

Outdoorsmen—and our sons and daughters—stand to lose much more than access if our national public lands are handed over to the states, which have a mandate to make revenue off these lands. Our outdoor heritage depends on the wild places where it can be lived out.

As a volunteer TRCP Ambassador here in Oregon, I’m willing to fight to protect our heritage. If you’d like to join me in safeguarding our public lands, so kids like my son Chase can grow into confident, resilient, conservation-minded hunters, sign the petition at sportsmensaccess.org.

Nate Bailey is TRCP’s volunteer ambassador in Oregon. When he isn’t exploring the wild public places of southern Oregon, you can find him guiding clients down the Rogue and Williamson rivers. See what makes him #publiclandsproud by following his adventures on Instagram at @southern_oregon_outdoorz.

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