Are "walk in" areas considered private lands?

[longpolekole]

Hi Guys,

New member here. Been lurking for a while and finally created an account. Anyways, I need some help settling a dispute with a buddy. Basically, my question is are walk in areas considered private lands in relation to tag types and sex restrictions? For example, say you have an area 5 general deer tag in your pocket. The regulation book describes this tag as "Antlered deer off private
land; any deer on private land". Pretty clear right? So lets say there is a walk in area that you plan to hunt, and in the walk in area description for that particular area it simply states it is open for Deer (does not specify doe or buck.) So my buddy is saying you are only allowed to shoot an antlered deer on this walk in area because it is public access and considered public land. I disagreed and argued the tag descriptions simply distinguishes between off public and on public land, and not public access/private. To further back up my stance, I cite the definition of "private land" in the regulation book as follows:
"?Private land? means all fee title/deeded lands owned by a private individual, partnership or corporation."
Note, this definition does not mention anything about public access or walk in areas. So by this definition, a walk in area that is owned by a private individual, partnership, or cooperation is considered private land, thus the area 5 general tag would be valid for any deer on the walk in area? And I do know that some state/BLM lands are actually enrolled in the walk in area program as well and these would not be considered private lands per the WYFG definition of private land.

Thanks in advance for your input!

-Kole

 

[UtahJimmy]

As with any legal issue, I'd go straight to the source...

CALL A FISH COP!

 

[Millsworks]

I believe in Wyoming that many walk in areas contain some BLM land that borders private. So, the definitions you have posted would get complicated in a situation like you are asking about.
The more important definitions may be for what your tag is for.

Sounds like a good question for the local warden of your hunt area.
My region F deer tag says " on national Forest only". So Blm and private are off limits.
Read carefully on your tag and in regs. Then call G+F.
Better safe than sorry.
Please let us know what they tell you.

 

[WapitiBob]

All private and State lands within the walk-in are considered private. The State land is considered private because the Dept leases the hunting rights for those tracts.
When I asked a few years ago, I was told all lands within the walk-in were considered private for the purpose of hunting upon those lands. That would include the enclosed BLM.

I would call and dbl check, I don't see BLM mentioned in any of their walk-in documentation.

 

[jm77]

LAST EDITED ON Aug-15-17 AT 03:43PM (MST)[p]^^^Bob not sure you are right about that. State lands are not considered "private" ever that I know of. The G&F could vary the regulations on state lands in an HMA or walk-in area for the purpose of hunting, with the State Land Boards approval. Also, I have never heard of the Dept leasing state land inside of HMA or walk-in areas.


To the OP question, unless otherwise stated in the regs or rules, private is private; any deer on deeded land within HMA or walk-in area as per Section 2.

 

[longpolekole]

Thanks for the input guys. I agree it is a bit confusing. My buddy that I was debating this with claimed to have asked his game warden buddy about it, and his response was the tag would only be valid for an antlered deer on the walk in since it was considered "public access". But when pressed, he could not provide any statutory context or regulatory verbiage to support his answer. It was just his "interpretation of the law." I plan on asking a warden for myself. I'll post the response I get.

-Kole

 

[WapitiBob]

LAST EDITED ON Aug-15-17 AT 10:22PM (MST)[p]LAST EDITED ON Aug-15-17 AT 10:21?PM (MST)



I was going off what J. D. told me a few years ago and what was on the access page so I could be all wet.

I'm wondering now if she was talking HMA instead of a walk-in with regard to it being legal to hunt with a private land tag.

 

[jm77]

Currently on website:

"A Walk-In Area (WIA) is a tract of private land on which the Game and Fish Department leases hunting opportunities for public enjoyment. Public access to a WIA is typically limited to hunting by foot traffic only, including all travel and game retrieval, unless the landowner designates roads open to vehicle travel. This exception is at the discretion of the landowner and will be explicitly listed in the access chart for that county and access area where vehicle are allowed."

Like I said, the G&F does makes agreements with the state on use of state land within walk-in areas. I doubt it ever means changing Section 2 regulations, but I'm sure that would be stated in the rules for that walk-in.

 

[longpolekole]

I emailed one of the WYGF access coordinators. This is what I got:

"Hi XXXX,

I have a question about walk in areas that I cannot seem to find an answer to in the regulations and thought you may be able to answer it for me or put me in contact with someone who can. My question is in regards to tag types and sex restrictions on private vs. public lands. For instance, an area 5 general deer tag is valid for any deer on private, and antlered deer off private. If I were hunting a walk in area that is open for deer, and the walk in area info does not make any stipulations regarding sex of game available for taking, would the area 5 general tag be valid for any deer on said walk in area? Thanks in advance for any information you may have for me!

Response: Certainly watch the Walk-In Area charts and specific area webpages, but otherwise, Walk-In Areas are most typically "private" property by all our definitions (unless state lands enrolled). In that case, you could take a doe deer on the private lands of a Walk-In Area.
"

So unless other wise stipulated in the specific walk in area details, all deeded/fee title lands within a walk in area are considered private in regards to sex restrictions.

 

[TOPGUN]

Thanks for asking someone who runs that public access program to get the scoop on what is legal to take on that private land even though it's open to the public. I had no idea what the answer would be and learned something today thanks to your inquiry!

 

[WapitiBob]

I talked to the head of the Access program and I was given incorrect info earlier. Public/state/blm within a walk-in can't be hunted with a pvt only license, true also for an HMA.
He did tell me where the Elk hang out so that was a plus.

 

[jm77]

LAST EDITED ON Aug-16-17 AT 10:37PM (MST)[p]>I talked to the head of
>the Access program and I
>was given incorrect info earlier.
> Public/state/blm within a walk-in
>can't be hunted with a
>pvt only license, true also
>for an HMA.
>He did tell me where the
>Elk hang out so that
>was a plus.

None of us are perfect Bob, no head hanging necessary.

 

[Gator]

copy that letter and carry it with ya, That's what I would do.

"I have found if you go the extra mile it's Never crowded".
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