Letters To The Editor

Dear Sir,

Now that deer hunting season is upon us, what shall it be for rural landowners: pleasant reunion with old lease hunting friends or another time of hassles from poachers and trespassers of your rural business site?

Hunting from roadsides, while illegal, is the practice of some people. And our appreciated game wardens will add mileage to their vehicles and be away from home a lot at nighttime. And sooner or later roadside hunters and game wardens will have a meeting.

For those of you owning land abutting navigable rivers, here are some helpful tips:

1. Navigable rivers are open to public recreational/boating use. These rivers are open to public use because your privately-owned property stops at the gradient boundary (that line where your privately-owned property stops as it abuts the river, public property). When your property boundary extends to mid-stream or crosses a stream (less than 30 feet in width) that stream is labeled non-navigable and not open to public use. That underwater land is taxable to you. Who says such a stream is not open to public use? The Texas Supreme Court on October 2, 1935 in Diversion Lake Club v. Heath et al, recorded in 86 W.S. (2d) 441. The court declared who owns the bed determines whether public use of the water surface is permitted.

2. Persons intent on illegal harvesting of wild game might use a watercraft to reach what may be excellent secluded hunting on your riverside property.

3. Remember, a navigable river is a public place. Thus the offense of Disorderly Conduct (Sec 42.01 of Texas Penal Code) is committed when a person intentionally or knowingly "(9) discharges a firearm in a public place other than a public road; (10) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm." An offense under subsections (9) and (10), above, is a Class B misdemeanor. Which is to say, a fine and imprisonment, or both. Of the numerous ways a person commits disorderly conduct, the above two cited ways should be of the most interest to landowners.

4. Hunting from vehicles is prohibited. Texas Parks and Wildlife Code, Sec 62.003 (a) provides "no person may hunt from any type of aircraft or airborne device, motor vehicle, power boat, sailboat, or any other floating device any wild bird or wild animal."

5. Entering privately owned property to hunt, to retrieve dead or wounded wild game, to explore and the like without effective consent of the property owner or his authorized agent to enter is to commit trespass. Under Texas Penal Code, Sec 30.05, this offense is a Class B misdemeanor, or it is a Class A misdemeanor if the actor caries a deadly weapon on or about his person during the offense. Being found guilty of a Class A misdemeanor can result in a larger fine, more time imprisoned, or both.

There are separate laws regarding waterfowl hunting. Using a watercraft carrying and discharging weapons, etc. But the above is given as information for landowners in Texas that only have dreams about lakes and marshes and ducks and geese and the fun of cleaning those critters.

Landowners in love with their land and its production dislike poachers, trespassers, and all illegal harvesting of wild birds and wild animals. Your area game wardens join you in that dislike. Resolve not only to call your game warden or deputy sheriff when you become aware of violation of laws as noted above, and others, but also to sign the charge sheet and to cooperate with the criminal justice system as it is applied to law violators.

You can lose your reliable lease hunting friends (and their checks) when they become aware that they are competing against poachers and trespassers and nothing is done to stop it. Landowners with their rights to private property very often start the process to reduce poaching and trespassing. Think about it, folks.

Arthur W. Nagel
Kerrville, Texas