Opinion: Game cameras on private property, a ‘matter of courtesy and respect’

By ROBERT JOHNSON II, JIM MORSE and JASEN A. STOCK

Published: 05-04-2023 6:00 AM

Robert Johnson II is policy director of N.H. Farm Bureau Federation. Jim Morse is president of N.H. Wildlife Federation. Jasen A. Stock is executive director of N.H. Timberland Owners Association.

Unlike most states, New Hampshire has a longstanding tradition of allowing individuals to walk on unposted property without having to get permission from the landowner. This tradition supports a thriving outdoor recreation industry. Pedestrian activities such as snowshoeing, cross-country skiing, hiking, hunting, fishing, and nature observation are allowed across the state on unposted land with no questions asked.

For most landowners, to be able to share their property is a matter of pride. To know community members enjoy hiking a trail across your property or that hunters are successful on your property is welcome news. But, in recent years there has been a debate about the placement of remote cameras, including “game” or “trail” cameras, on another person’s property, which potentially jeopardizes this tradition. Amplifying this controversy are “live action” cameras capable of transmitting real-time images and videos to a cell phone or computer via the internet. At the center of this debate is the question of whether it goes too far to place any camera on private property without the landowner’s knowledge.

To help preserve tradition and address this concern, the N.H. Wildlife Federation, N.H. Farm Bureau Federation, and the N.H. Timberland Owners Association are asking the N.H. General Court to pass legislation that requires camera owners to get landowner permission and label the camera with their name and contact information before placing any camera on someone else’s property (SB 14).

At hearings before Senate and House policy committees, legislators heard testimony from landowners who expressed privacy concerns about placing cameras on their property without their knowledge. Specifically, people had concerns about images of family members in their yard or driveway that could be taken and distributed; unauthorized placement of a camera near a family picnic area or on a popular hiking trail used by local school groups; or revealing a view of a special place on their property. These landowners said they welcome pedestrian recreation on their property, but they do not like that they might be watched without their knowledge while in the “back 40” cutting firewood, mowing hay, or just walking with grandchildren. After all, any camera placed on private property without the landowner’s knowledge of it being placed, or the knowledge of who placed it, makes it in effect a surveillance device. We believe it is that simple.

Representatives of the hunting community were also heard at these hearings. They acknowledged and appreciated New Hampshire’s tradition of allowing pedestrian access to unposted property. In addition, they underscored that asking permission to place a camera presents an opportunity to strengthen the hunter/landowner relationship.

But the most common refrain throughout the hearings from farmers, timberland owners, and hunters was, “This issue is a matter of courtesy and respect.” That is why we are asking the N.H. House of Representatives to recognize this courtesy and respect and keep New Hampshire’s recreational tradition alive by supporting Senate Bill 14.

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