HB 2495
specifies requirements for providing reasonable notice of trespass and
penalties for violations when taking wildlife on those posted lands.
Provisions
Definitions:
§Establishes a definition (in the criminal code) for
“Reasonable Notice Prohibiting Entry”:
Location:
-Must be at a height of a least four feet.
-If the notice is on a surrounding barrier (i.e. fence) it
should be in each corner and at intervals of ¼ mi.
Appearance:
-Minimum dimensions of the notice is 8” x 11”.
-Must have the wording “NO TRESPASSING” in capital, boldface
lettering that is at least 72 points tall.
-For interval posting, the notice should consist of a minimum
of 100 sq. in. of florescent orange paint.
-If metal posts are used, the entire post must be florescent
orange.
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Penalties:
§The penalty (in addition to the class 3 misdemeanor)
for criminal trespass in the third degree while taking wildlife is a 1-5 year
suspension of the permit or license (as determined by the court).
§The violation will prohibit the person from applying
for additional permits for the duration of the suspension.The restrictions are removed when the
suspension is over.
Other:
§Private landowners may prohibit fishing and trapping
(in addition to hunting or shooting) if “reasonable notice” is given(see above definition);lessees and permittees of state land and
federal land that prohibit the taking of wildlife under a Game and Fish permit
shall give "reasonable notice".
§State lands that are within ¼ mi. of any occupied
residence, cabin, or other building andstate land that is within corrals, feedlots, or holding pens containing
concentrations of livestock other than for grazing purposes may be posted
without the consent of the Game and Fish Commission.