smallmunster
Member
Since there is a difference of opinion on this I decided to look into it further and call the DNR headquarters. I talked to a CO there and asked a few questions. The questions are predicated on the fact that there was a blood trail (i.e. evidence of a hit, not just your word that you have a wounded animal). Please note that I paraphrased the answers, they are not direct quotes.
1. Must you be able to see downed game in order to retrieve it? Answer: No.
2. Is the code of Iowa contradictory on this issue? Answer: Not in his opinion. He stated any gray area was left on purpose to allow for different situations.
3. After all is said and done can a landowner refuse to allow you access to his ground (assuming evidence of a hit)? Answer: No, a hunter has legal rights as well as the landowner. He also didn't think that a CO would ever have you abandon the search because the landowner was not willingly going to let you on as you have an ethical and legal obligation to retrieve wounded game. The landowner can ask to accompany you.
Please note that these questions were assuming the deer was wounded legally and that there was evidence (i.e. blood trail) of a hit. If there is little or no evidence of a hit then you are probably at the mercy of the landowner. It should be noted that the person I talked to stressed over and over again to try and get permission first and call your CO if that doesn't work. He also stressed that every situation was different and that there was no set answer for every situation. I think this may be where the confusion comes in, in some cases perhaps there is not enough evidence to allow someone access?
This is pretty consistent with what I have been told and taught in the past.
1. Must you be able to see downed game in order to retrieve it? Answer: No.
2. Is the code of Iowa contradictory on this issue? Answer: Not in his opinion. He stated any gray area was left on purpose to allow for different situations.
3. After all is said and done can a landowner refuse to allow you access to his ground (assuming evidence of a hit)? Answer: No, a hunter has legal rights as well as the landowner. He also didn't think that a CO would ever have you abandon the search because the landowner was not willingly going to let you on as you have an ethical and legal obligation to retrieve wounded game. The landowner can ask to accompany you.
Please note that these questions were assuming the deer was wounded legally and that there was evidence (i.e. blood trail) of a hit. If there is little or no evidence of a hit then you are probably at the mercy of the landowner. It should be noted that the person I talked to stressed over and over again to try and get permission first and call your CO if that doesn't work. He also stressed that every situation was different and that there was no set answer for every situation. I think this may be where the confusion comes in, in some cases perhaps there is not enough evidence to allow someone access?
This is pretty consistent with what I have been told and taught in the past.
