QUICK REFERENCE GUIDE FOR NCLLA MEMBERS
1. Take preventive steps against poaching - gates, fences, signs, paint.
2. If a poacher is encountered, identify persons (top to bottom) and vehicles (Color, Year, Make, Body style, Additional information, License) without putting yourself or others in danger.
3. Notify Game Warden as soon as possible - call warden directly, call sheriff's office, or call Operation Game Thief.
- Warden Ellis Powell - 409-565-2161
- Warden Michael "O.D." O'Dwyer - 409-379-4929
- Warden Landon Spacek - 409-379-4119
- Newton County Sheriff's Office – 409-379-3636
- Operation Game Thief - 1-800-792-GAME (4263)
4. Keep in touch with warden and handling judge and provide any assistance possible.
Enforcement Guide
This information is intended to be a guide for the landowner or leaseholder that wants to do all he can to put an end to poaching in Newton County. It is not intended to subject the landowner or leaseholder to the groundless whims of the local game warden. 'The ideas and suggestions presented in this guide are designed to help the landowner / leaseholder, the game warden, local law enforcement, and, ultimately, the wildlife resources of Newton County. However, the ideas and suggestions are just that -ideas and suggestions. They are not commands or conditions. The local game warden will still do all he can to aid the landowner / leaseholder even if none of the measures stated are implemented. However, these measures are designed to provide efficiency in prevention, apprehension, and conviction of law violators. It should be every landowner / leaseholder's desire to put most of his or her effort into preventive steps. Although it is satisfying to see a law violator brought to justice, it should be more satisfying to not see law violators at all. This can only be done through prevention. Realistically, we all know that no matter what preventive steps are taken, some violations of the law will always occur. That is where the measures taken to aid in apprehension and conviction are vital. Apprehension is no good without conviction (as Newton County has witnessed in the past). Fortunately, the tide is slowly changing in the conviction arena. That change is happening largely because of the birth and action of associations such as the Newton County Landowner- Leaseholder Association. Ultimately, it is the responsibility of landowners, leaseholders, and citizens of Newton County to, make a difference.
Sincerely,
NCLLA
These ideas and suggestions have been developed to aid in accomplishing three main goals:
1. Prevention, Apprehension, and Conviction
Prevention - Distinguish and Control
Webster's dictionary lists one of the definitions of prevention as "the act of depriving of power or hope of acting or succeeding". That is what we must do - deprive the outlaw of power and the hope of succeeding.
Prevention has two sides to it. One is steps actually taken to achieve a goal. The other is reputation. First lets talk about some of the steps landowners / leaseholders can take on their property to aid in prevention. This all about distinguishing one piece of property from another and then controlling access to that piece of property.
Distinguishing a piece of property can be done in a variety of ways - marking, fencing, and altering are the most common. These are all ways of giving notice that a piece of property is special. When dealing with trespassing and hunting without consent, the law defines notice as
(A) Oral or written communication by the owner or someone with apparent authority to act for the owner;
(B) Fencing or other enclosure obviously designed to exclude intruders or to contain livestock
(C) A sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden;
(D) The placement of identifying purple paint marks on trees or posts on the property, provided that the marks are:
(i) vertical lines of not less than eight inches in length and not less than one inch in width;
(ii) placed so that the bottom of the mark is not less than three feet from the ground or more than five feet from the ground; and
(iii) placed at locations that are readily visible to any person approaching the property and not more than:
(a) 100 feet apart on forest land; or
(b) 1,000 feet apart on land 'other than forest land; or
(E) the visible presence on the property of a crop grown for human consumption that is under cultivation, in the process of being harvested, or marketable if harvested at the time of entry. This is what is generally accepted concerning the above: Oral or written communication means that everyone that enters onto that property has been told that his or her entry is okay by direct communication with the owner or in writing from the owner. Written permission is always preferable.
Fencing or other enclosure is fairly simple. It means any man-made or man placed structure built to keep animals in and/or people out that completely encloses a certain area. Sign or signs posted means a readily observable warning that entrance is restricted. Something is readily observable if it is hard to miss when you've got your eyes open. Placement of identifying purple paint marks is a new concept, but it basically allows a landowner / leaseholder to give notice that entry is restricted by painting vertical (up and down) purple lines on trees or posts about 4 feet off the ground and at intervals of no more than 100 feet on most property. The lines should not be smaller than a common, foot long ruler. The state has not made any declaration as to what color of purple paint is to be used; however, it should be easily recognizable as purple.
The visible presence on the property of a crop grown for human consumption is uncommon in this area. This is generally recognized as farmland that is currently being farmed and on which corn, wheat, beans, or a crop of that type is being grown.
Marking can be done by placing signs at every entrance and at short intervals around the property or by using a system of purple paint marks at short intervals around the property. Fencing is done by enclosing an area with a fence that is obviously designed to keep something or someone in or out. Altering can be done by mowing or clearing the boundary lines or the entire area in question. However, altering would be insufficient by itself and should be done in conjunction with marking or fencing.
Controlling Access to a piece of property is just as important as distinguishing a piece of property. It doesn't do any good to distinguish your property if anyone and/or their dog can get in. Here are some suggestions for controlling access to property.
If possible, erect gates across any and all no-public roads into the property with authorized persons only possessing keys and/or the combination.
Hunting clubs should keep a log of all persons who possess the combination or a key.
With the combination or key, issue a membership card showing affiliation with the club and NCLLA and containing the person's name, the duration of validity, club official's signature, basic rules of the club, etc.
Individual landowners should provide guests with written permission to be on the land. This could be in the form of a letter or a small card; however, both the landowner and the guest should sign it.
Most important, the number of persons granted permission to be on the land should be documented and kept to as small a number as the landowner is comfortable with.
Apprehension - Information and Distribution
At this point in the process, things are going to begin to move out of the landowner leaseholder's control. However, there is still much the landowner / leaseholder can and should do. The most important aspects of apprehension are to obtain all the information possible and then relay that information to law enforcement. Most crimes are witnessed by someone; however, very few of those crimes are reported for various reasons. If you want lawlessness to cease in Newton County, all incidents of crime must be reported.
The following is the type of information law enforcement needs to know. When obtaining a description of an automobile, remember the word "CYMBAL".
C - color
Y - year (approximate - 60s, 70s, 80s, 90s, etc.)
M - make (Ford, Chevy, Dodge, Toyota, etc.)
B - body style (pick-up, 4dr car, 2dr car, jeep, 4wd, etc.)
A - additional information (missing fender, dog box, big tires, etc.)
L - license number The license number is probably the most useful piece of information even if the crime is reported clays later.
In addition to the above, it is very important to note what direction the vehicle travels after it leaves the scene. When obtaining a description of a person, it helps to think about the person as they looked when you saw them and then describe him or her from top to bottom:
- Hat (ball cap, cowboy hat, etc.)
- Hair (color, length, style, etc.)
- Facial description (mustache, glasses, beard, etc.)
- Shirt or coat (color, style, writing, etc.)
- Pants (color, style, etc.)
- Shoes (boots, tennis shoes, etc.)
Also include information such as:
- Height
- Weight
- Race
- Sex
- Age
- Name (if known) Remember that approaching or contacting an intruder or outlaw is a potentially dangerous situation. An outlaw by nature is not usually the cream of our society, so always exercise extreme caution. If at all possible, let law enforcement make the direct contact. Remember, this person may already be breaking at least one law - what's to stop him or her from committing another against you personally? Please keep your personal safety in mind. Not many crimes of this nature are worth being hurt or killed over.
The distribution of the information you have obtained is extremely important. The sooner we are notified that something is going on, the sooner we can get there. There are three ways you can get this information to your local game warden.
1. Call the game warden personally. This should provide the fastest response.
2. Call the sheriff's office and request a game warden - if you choose this option, make sure and tell the dispatcher whether or not the crime is in progress.
3. Call Operation Game Thief. This is a wildlife crime-stoppers program that can pay up to $1,000 for information leading to arrest and conviction of poachers. The number is 1-800-792-GAME (4263). Additionally, you can remain anonymous if you wish. Again, if you choose this option, make sure and tell the dispatcher whether or not the crime is in progress. Regardless, a game warden will be contacted.
Conviction - Meeting and Exceeding the Standard
When trying to obtain a conviction in these types of cases, a major part of the case is proving that sufficient warning was given to the defendant and that any warning given was, at a minimum, what was required by law. Remember, a man is innocent until proven guilty. The burden to prove guilt will lie almost totally on what preventive measures have been taken by the landowner / leaseholder. Be certain, you have done everything in your power to meet the standard of the law. Additionally, any defense the outlaw may try to put up, can quickly be discredited if the landowner, leaseholder, can show any additional measures he or she incorporated that exceed the standard of the law (such as gates, extra signs and postings, fencing, etc.). The whole point of this exercise is to be able to convince a judge or jury that any person just passing by would have been able to see that a particular piece of property was off-limits to any particular activity. It should be the goal of every landowner / leaseholder to take enough precautions that if a picture of where the crime occurred was shown to the judge or jury, that it would unquestionable that a crime was occurring.
2. Developing a Strong Bond
The only way to develop a strong bond between any two people is for those people to get to know each other. The landowner / leaseholder must make sure he knows his local game warden, and the game warden must make sure he knows his local land owners and leaseholders.
There are a few things a landowner / leaseholder should know about the local game warden. The most important of which is how to get in contact with him (as discussed earlier). The second most important thing is to know what can be expected from the game warden. Every landowner should know that the local game warden will do everything he can to respond in as timely a fashion a safety allows. However, landowners / leaseholders should be aware of the following:
- At present, Newton County has only two game wardens.
- Each warden is equally responsible for the entire county.
- At times, because of economic constraints and in the interest of safety, both wardens work together as one unit.
- Game wardens are certified state peace officers and can therefore handle any type of criminal action encountered or informed of. Therefore, wardens sometimes are tied up dealing with non-game matters. (We try to keep this to a minimum during hunting season).
- Game wardens typically have two days a week off - usually during the week.
- Wardens do like to spend time with families just as you do. Those points just listed are not excuses, but the're are facts that should be known. Just you have things that need tending to when you get home from work, game as wardens do to.
On the other hand, it is very important that the game warden knows you. Game wardens, especially during their first year at a new station, spend a considerable amount of time learning "the lay of the land". If you see a warden in your area (and he's not driving the speed of light to get a call or engagement) flag him down and introduce yourself. Let him know whom you are, where you live, work, and hunt, and that you appreciate him being in your area.
The following are a few things you can do specifically to help a warden get to know you and your interests:
- Make an appointment with the game warden. Invite him to come out at a specific time that agreeable to both of you and show him where your boundary lines are and what kind of preventive measures have been taken.
- When you show a warden your place, don't let him leave without giving him information on how to get a hold of you if he needs information.
- If you have a piece of land that would make a good spot for the game warden to "set" and monitor poaching activity, invite him to make use of it and provide him with access.
- If you are having specific problems with poachers on your property, make sure the warden knows and make sure he has access to the property whenever he is in the area so he can check on things.
- If you have them, maps of your property and / or boundary lines can always help a warden to determine where things are happening and who to call. If a warden has all things described above, the chances of catching poachers will greatly increase because the warden won't have to stop and find out where he is, find out who to notify, and find out how to get in. All of those things will have already been done and he can get to work catching poachers.
3. Maximizing the Perceived and Actual Strength of the NCLLA
An old saying goes like this, "That dog's bark is worse than his bite." Well, regardless of how bad the bite is, if the bark keeps them away, the job has been done. We want poachers to think that they're going to get the electric chair if they commit a crime on land behind the NCLLA sign. This effect can only happen if you spread the word that it will. Keep those NCLLA signs up and good condition. Make it look like the owner is just around the corner. Keep you gates maintained and keep their access controlled. If someone sees everyone and their dog coming and going, people are going to think that anyone can come and go. We want everyone to think the Newton County Landowners and Leaseholders Association is strong.
More importantly, we want people to see that its strong. If for some reason, a poacher gets past "the bark", we want hem to feel ""the bite" and know they have been bitten. Shoot, we want’em to think they've had there whole leg bitten off. You can insure that they'll get bitten by doing the following:
- Remain a member in good standing of the NCLLA.
- Support the NCLLA in the community by giving it a good name.
- Let your justice of the peace, your county judge, and your county attorney know that you want people to pay the price when they poach in Newton County.
- Support local law enforcement (city and county officers as well as the highway patrol) because they may be the first person on the scene to help.
- When summoned to participate in jury duty, do it with pride because you are going to have a direct hand in dealing out justice.
- Vote - if you don't like the way elected officials are handling the poaching problem in Newton County, vote them out and support a candidate that will help end the problem.
Final Thoughts
Through the landowner / leaseholder building a solid foundation with his attention to detail in the preventive stage, his quick, accurate retrieval of information being relayed to the game warden in the apprehension stage, a strong case for conviction is built. A judge and / or jury will recognize a very thorough, cooperative effort between landowners / leaseholders and law enforcement. Your dedication from beginning to end, and law enforcement’s zest to protect its citizens will show itself in a strong case being presented to the jury. People recognize and respect professionalism. A guilty verdict and just penalties lead to other guilty verdicts and just penalties. The word spreads throughout the poaching community. Poaching, for the most part, stops. Remember, there will always be a few outlaws. But lets give them something to look over their shoulder for.
Written and compiled by Texas Game Wardens Logan Hudson and Trooper Cherry.
Following, you will find some related laws printed verbatim from the Texas Penal Code and the Parks and Wildlife Code as well as a quick reference guide for the NCLLA member.
(a) A person commits an offense of he enters or remains on property, including an aircraft, of another without effective consent or he enters or remains on a building of another without effective consent and he: (1) had notice the entry was forbidden; or (2) received notice to depart but failed to do so. (b) For purposes of this section: (1) "Entry" means the intrusion of the entire body. (2) "Notice" means:
(A) oral or written communication by the owner or someone with apparent authority to act for the owner;
(B) fencing or other enclosure obviously designed to exclude intruders or to contain livestock
(C) a sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden;
(D) the placement of identifying purple paint marks on trees or posts on the property, provided that the marks are:
(i) vertical lines of not less than eight inches in length and not less than one inch in width;
(ii) placed so that the bottom of the mark is not less than three feet from the ground or more than five feet from the ground; and
(iii) placed at locations that are readily visible to any person approaching the property and not more than:
(a) 100 feet apart on forest land; or
(b) 1,000 feet apart on land other than forest land; or
(E) the visible presence on the property of a crop grown for human consumption that is under cultivation, in the process of being harvested, or marketable if harvested at the time of entry. (3) "Shelter center" has the meaning assigned by Section 5 1.002 (1), Human Resources Code. (4) "Forest land" means land on which the trees are potentially valuable for timber products. (5) "Agricultural land" has the meaning assigned by Section 75.00 1, Civil Practice and Remedies Code. (5) "Superfund site" means a facility that:
(A) is on the National Priorities List established under Section 105 of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (42 U.S.C. Section 9605); or
(B) is listed on the state registry established under Section 361.18 1, Health and Safety Code. (c) It is a defense to prosecution under this section that the actor at the time of the offense was a fire fighter or emergency medical services personnel, as that term is defined by Section 773.003, Health and Safety ~Code, acting in the lawful discharge of an official duty under exigent circumstances. (d) An offense under Subsection (a) is a Class B misdemeanor, except that the offense is a Class A misdemeanor if:
(1) the offense is committed: (a) in a habitation or a shelter center; or (b) on a Superfund site; or
(2) the actor carries a deadly weapon on or about the actor's person during the commission of the offense. An offense under Subsection (e) is a Class C misdemeanor unless it is committed in a habitation or unless the actor carries a deadly weapon on or about the actor's person during the commission of the offense, in which event it is a Class A misdemeanor.
(e) A person commits an offense if without express consent or if without authorization provided by any law, whether in writing or other form, the person:
(1) enters or remains on agricultural land of another;
(2) is on the agricultural land and within 100 feet of the boundary of the land when apprehended; and
(3) hail notice that the entry was forbidden or received notice to depart but failed to do so.
Parks and Wildlife Code - § 62.003 - Hunting From Vehicles
(a) Except as provided in Subsection (b) of this section, no person may hunt from any type of aircraft or airborne device, motor vehicle, powerboat, or sailboat, or from any other floating device any wild bird or wild animal.
(b) Animals and birds not classified as migratory may be hunted from a motor vehicle, powerboat, or sailboat, or from any other floating device within the boundaries of private property or upon private water by a person who is legally on the property or water for the purpose of hunting if no attempt is made to hunt any wild bird or wild animal on any part of the road system, of this state.
Parks and Wildlife Code - § 62.004 - Hunting at Night
No person may hunt any wild bird, wild game bird, wild fowl, or wild game animal protected. by this code at any season of the year between one-half hour after sunset and one half hour before sunrise.
Parks and Wildlife Code - § 62.005 - Hunting With Light
No person may hunt a game animal or bird protected by this code with the aid of an artificial light that casts or reflects a beam of light onto or otherwise illuminates the game animal or bird, including the headlights of a motor vehicle.
Texas Parks and Wildlife Proclamations - § 65.19 - Hunting Deer with Dogs
(a) It is unlawful. to use a dog or dogs in hunting, pursuing, or taking deer in all counties.
(b) It is lawful to use not more than two dogs in trailing a wounded deer in all counties, except in Angelina, Bowie, Camp, Fannin, Franklin, Hardin, Harris, Harrison, Houston, Hunt, Jasper, Jefferson, Lamar, Liberty, Montgomery, Morris, Nacogdoches, Newton, Orange, Panola, Polk, Red River, Rockwall, Rusk, Sabine, San Augustine, San Jacinto, Shelby, Titus, Trinity, Tyler, Walker, Washington, and Wood counties, where dogs shall not be used to trail wounded deer.