AG rejects Westport private land hunting vote — Says written permission rule conflicts with state law

Posted 12/3/15

By Bruce Burdett

Westport voters exceeded their authority when they voted last spring to forbid hunting on private property in town without written permission from the landowner.

“We disapprove and delete the text (requiring …

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AG rejects Westport private land hunting vote — Says written permission rule conflicts with state law

Posted

By Bruce Burdett

Westport voters exceeded their authority when they voted last spring to forbid hunting on private property in town without written permission from the landowner.

“We disapprove and delete the text (requiring annual written permission from the landowner) because the Town is preempted from imposing requirements on hunters which … is solely within the regulatory power of the state’s Department of Fish and Game/Division of Fisheries and Wildlife (DFW),” said a letter signed by state Attorney General Maura Healey.

She said that the Town Meeting vote “directly contradicts” state laws that “presume that private land is open to hunting and trapping” unless that land is conspicuously posted with no-hunting signs.

The warrant item seeking the change was among the most hotly debated at town meeting.

Property owners testified that they are frustrated and in some cases frightened by hunters trespassing on their property, often despite no-hunting signs. They told of gunfire near residences, vandalism, carcass parts left behind and other issues with hunters.

Hunters, on the other hand, said they are allowed by law to hunt on private land that is not posted, and denied shooting dangerously or leaving parts of their kills behind.

Antonio Medeiros, who spoke at town meeting in favor of the changes, said he is disappointed by word that the state has rejected the voters’ decision and said the only option may be to change state regulations.

His family has farmed land off Drift Road for three generations, he said, and has had trouble with trespassing hunters “from the moment we bought the place in 1945.”

“I have nothing against hunters in general,” he said, adding that he has also hunted over the years —“Like anything else, there are good hunters and bad but the bad ones have been a real problem here.”

They “don’t ask permission, just walk right in … If they shoot an animal they’ll sometimes knock a stone wall down to drag the carcass out.”

And given the lack of experience he sees in some of those hunters, he worries for his family’s safety and that of the hunters.

“I’ve had two people shot on my land — both hunters … One guy shot another guy in the leg. I took him to the hospital in my car — blood all over the place.”

Another was out shooting rabbits at night — “shot himself in the foot and took a toe and a half off.”

As for signs, “the problem with posting is that you put signs up and they rip them down.” If there aren’t signs 50 feet apart all around, “they say they didn’t see them and it can’t be enforced.”

Mr. Medeiros and others who spoke also said they fear lawsuits should someone get hurt on their land and also prefer to avoid confrontations with armed people. “Life is too short to get in a spitting contest.”

Board of Selectmen Chairman Craig Dutra said he and others on the board had not been made aware by town counsel of a potential conflict with state law. before sending the question to Town Meeting.

At town meeting, “first listening to passionate property owners on the subject and then to equally passionate hunters” who pointed to state law … I found myself vacillating.”

Mr. Dutra said Selectmen will want guidance from the town’s attorney and will likely discuss the issue before deciding whether to appeal or not.

“The board needs to digest this as a group.”

“We could have saved ourselves a lot of time and some bad feeling among debaters had we known it was illegal the first place,” said Town Moderator Steven Fors. “I was unaware that was the case and got no advice from Town Counsel that it was.”

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