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 are 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.
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 and state 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.
HB 2495 passed the Natural Resources
amended as follows:
§Removes the specific designation of "metal"
posts.
§Prohibits a person from locking a gate or blocking a
road or otherwise denying any person legal available access to the use of any
road on state or federal land.
§Inserts duplicative language from Title 13 into Title
17 regarding license/permit suspensions, except there is no one year floor on
the license suspension;reduces this
violation from a class 2 to a class 3 misdemeanor in Title 17.
§Any and all fish or wildlife taken while trespassing
shall be subject to confiscation.