QUESTION ABOUT HUNTING VIRGINIA SHORELINES

[calmerthanu]

a couple weeks ago i was hunting a tidal river shoreline when i was approached by a game warden who looked like he was barely out of grade school, i told him i had permission from the landowner to hunt the beach at his property, the warden proceeded to tell me that didnt matter and that i needed a permit from the VMRC because i was on state of virginia property, i was hunting at low tide so i was on the beach and not in the water, now i thought the way the law reads is that a landowner owns there waterfront to the mean low water mark, the warden says that was not true and that its the mean high water mark, i then asked how they determine where that mark is since tidal water varies all the time, he could not answer that question and proceeded to write me a written warning, he then advised me to go to the vmrc website and apply for a permit to beach hunt, i have checked there site and have found nothing about getting any kind of permit for metal detecting on a shoreline. is anyone familiar with virginia law in regards to this issue, i would be very grateful for any answers or advice

 

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[Tom_in_CA]

First of all, what the heck does a GAME WARDEN care about metal detecting , to begin with? Doesn't even seem like his area of enforcement anyhow. And on top of that, you've done your due diligence to see that there isn't any prohibitions anyhow . This wasn't state park land, was it? (thus Virginia state park law talking about park permits wouldn't apply). It's just state right of way, not under parks dept., so it's apparent to me. that the fellow is mistaken on multiple counts.

Maybe someone has something more specific to your particular state , but if it were me; & i was armed with the newfound info (that even if it WERE state sliver of land it's STILL not prohibited ), I'd just go again in the future . Because odds are , you'll never run into him again. Game wardens are spread thin d/t budget constraints, so that was probably a fluke anyhow .

And even if you DID run into the same fellow, and even if the info you sleuthed out failed to satisfy him, and even if he DID write you a ticket , it would merely be dismissed the minute you took your turn, in the cattle call time for when people get their 30 seconds to tell the judge why they shouldn't have the ticket.

 

[spartacus53]

You don't want my advise, but I'll give it to you anyway. That is, if you want to have some fun

Check with the landowner again and let him know what happened with the warden. Then ask the landowner if he has a copy of the deed marking his land. Once you know the land stand in the marked area again and detect. If the warden shows up and come to you, have your own prepared warning ticket saying that he is trespassing. See how he likes those apples

 

[calmerthanu]

i like the way u think spartacus, I'm going to contact the game and inland fisheries department and vmrc in richmond this afternoon, and if I'm not in the wrong I'm demanding that the written warning i got be rescinded

 

[Tom_in_CA]

i like the way u think spartacus, I'm going to contact the game and inland fisheries department and vmrc in richmond this afternoon, and if I'm not in the wrong I'm demanding that the written warning i got be rescinded

Well hopefully you don't wear out your welcome with the landowner. I mean, think of it: If you go back to the person who just gave you permission, asking to see all sorts of boxed up documents, blueprints, etc.... and telling them of "legal encounters" etc.... which can conjur up hassles on his part, then .......... I just don't know why this is the position you'd want to put a landowner in? Seems the FASTEST way to get your permission revoked (as .... certainly ... the average joe just doesn't want to be bothered).

Why not just go back out there, now that you know it's not illegal anyhow (even if it was state property, which is dubious to begin with) and just go again? If Barney Fife returns, (which is doubtful, as this sounds like a fluke), then fine, let him write a ticket. It'll be dismissed the moment you show your research.

Example: There is a big city near me, with no specific prohibitions against detecting (simply silent on the issue). An md'r got a ticket from an over-zealous cop (perhaps simply responding to a call-in from a nosy-neighbor, .... who knows...). The md'r researched it, and found no prohibitions against md'ing in this city. So he decided to contest the ticket (which was a silly $75 or $100 or something stupid). He waited for his day, and showed up at the appointed time. When it came his turn in the cattle call, he merely told the judge that he was metal detecting, doing no harm, and had researched ahead of time and found nothing in rules/laws prohibiting his hobby. The judge heard about 20 seconds of this, ...... cut him off ... and said "dismissed".

After that, the md'r proudly held that paperwork in his pocket any time, from then on, that he detected this city's parks. And his buddies joked that he needed to zerox that off and pass that out for any future busy-bodies to be shown as well

 

[calmerthanu]

def wouldnt get the landowner mixed up in anything but i know him so it wouldnt really be an issue anyhow, but i still want to get that warning revoked though

 

[ticm]

You don't want my advise, but I'll give it to you anyway. That is, if you want to have some fun

Check with the landowner again and let him know what happened with the warden. Then ask the landowner if he has a copy of the deed marking his land. Once you know the land stand in the marked area again and detect. If the warden shows up and come to you, have your own prepared warning ticket saying that he is trespassing. See how he likes those apples

I would just tell the little twerp to step off. Give it a try.

 

[Gold Maven]

just make sure you have a pouch full of trash, tell him you are cleaning up the beach. He would look pretty silly writing you up for picking up trash.

 

[Tom_in_CA]

just make sure you have a pouch full of trash, tell him you are cleaning up the beach. He would look pretty silly writing you up for picking up trash.

Ha, good one. Or how about this: wasn't calmerthanu merely looking for the boyscout ring his dad lost there when his dad was a kid? I mean, c'mon!

 

[calmerthanu]

i actually did tell him that i clean up all the trash i find there, people come fishing and leave all there garbage, i usually end up cleaning all that up