Andy O Brien S Testimony on LD 559

Andy O’Brien’s Testimony on LD 559

This bill requires that a hunter get written permission when baiting, night hunting coyotes and hunting bears, coyotes or bobcats with dogs. It states that a person may not hunt with dogs in pursuit of bears, coyotes or bobcats unless the dogs are fitted with an electronic device to transmit the geographic position of the dogs. It also provides another way to conspicuously mark land where permission is required for access.

I would first like to state that the decision to submit this bill was not taken lightly. It came after two years of hearing from concerned constituents and holding meetings of landowners in my district which included local game wardens and the Director of Landowner Relations. We tried every other avenue to resolve this dispute and coming before you today was our last resort.

Since I was first elected to the position of state representative in 2008, the one complaint I have consistently heard on a regular basis is the problem of hunter trespass on private land. However, it is not deer or bird hunters who are causing headaches for these landowners. It is a new practice involving hunting hounds with radio collars used to run coyotes. Some hunters will let these packs of dogs out in one town, then track them in their vehicles, waiting for the dogs to flush the predators out of the forest in the next town over.

These dogs will run several miles over posted and unposted private land alike. During these past two years, I’ve heard stories of dogs harassing livestock, tramping through commercial gardens, fighting with pets, and being a general nuisance for landowners. I have also heard about some very heated exchanges between land users and land owners. These landowners have quickly learned that the law is not on their side.

LD 559 offers solutions to new intrusion problems on private properties as a result of changes in wildlife statutes in recent years that attempt to increase coyote kill. Where many private farm and woodland properties have traditionally been unposted and shared with the hunting public, landowners now experience baiting on their lands without their knowledge or permission, day hunting all year round and night hunting most of the year near residences and camps and in fields and woodlots without any knowledge or notification to the landowners. These packs of hounds, unlimited in number, which can’t discern posted property boundaries, engage in pursuit all year on private land without permission or notification to owners.

Many private landowners who traditionally made their properties open to the public in ordinary hunting seasons, would continue to do so if only landowner permission were to be required to manage these new kinds of public use. Landowners must now bear extra costs of signage, road trenches and barriers, gates, etc. to try to prevent and manage unwanted intrusions out of traditional hunting season. When decisions are made to post land to manage these uses, it is usually posted against all access with resultant loss to traditional users.

Now, I have heard the argument that this bill would be a step in the direction of reverse posting, but I strongly believe that this measure will actually do more to open access for traditional hunters than block it. Due to the abuses I have described, Maine sportsmen, outdoorsmen and women have been finding there is diminished access to private land for recreation. More and more land is being posted.

Requests for landowner signs from DIF&W increased 50% from an ordinary average 6,000 per year to 9,000 last year by private landowners to manage unacceptable activities on their ownerships. Unknown additional numbers of No Trespass signs are purchased by landowners from local sources. Maine private property owners provide the foundation of the $1.5 billion wildlife economy free of charge and they are excluded from gaining any revenue in it. Their lands provide and protect almost all the land and habitats where nature produces Maine wildlife and fish; they then donate use of the majority of the places where the public hunts and experiences living creatures.

Outfitters, lodges, local businesses and Maine Guides all receive revenues from the donated free access to private properties. Private farm and woodland landowners carry the costs of taxes and pay for ownership and management, and give up such things as timber revenue to preserve wildlife habitat.

Landowners can be jailed for 6 months and fined $1,000 if they charge for access to their private land for taking or related to taking game (Title 12 Section 11218).

The proposals in LD 559 which require permission to be asked for baiting, night hunting and hounding on private land, seek to turn things from a situation where land for outdoor recreation is being lost because of increased posting, to a win-win situation. Landowners will be able to enjoy peaceful use of their own properties and return to sharing traditional seasonal uses with hunters and avoid increased management costs. The bill also provides for a distinctive purple paint to be used in addition to silver paint now in statute for effective posting of land where it is still needed, at less cost to landowners.

LD 559 intends to offer solutions. It is intended that land users will be able to engage in their pursuits where they know they are welcome, as well as to replace conflict with harmony and increase outdoor recreational opportunities.