I never lost an animal until....

All of which is why I'm glad my friend sorted it out for me before we had to even consider that route. The lady in taboo land has forbidden access to her property by FandW in the past unless they could actually see the animal from the perimeter of her land.
sounds like a classy lady
 
Section 36 (1) and (2) FWCA deal with spoiling of meat.

(1) Deals with the actual trapper or hunter.

(2) Deals with any person "in possession" of.......

If I own a 100 acres and u tell me u shot a deer and it died on my property, that does not automatically make me in "possession" of it.

Abandonment of meat
36. (1) A hunter or trapper who kills game wildlife other than a furbearing mammal shall not abandon it if its flesh may become unsuitable for human consumption. 2009, c. 33, Sched. 22, s. 2 (18).

Spoiled flesh
(2) A person who possesses game wildlife that is not a furbearing mammal and that was hunted or trapped shall not permit its flesh to become unsuitable for human consumption. 2009, c. 33, Sched. 22, s. 2 (18).
In regards to (1) the way I understand it, is that the person who has killed the animal is not allowed to abandon it if it'll become unsuitable for human consumption. Which I assume means they must immediately recover it, or else it could spoil if not retrieved(can't go after it next day or such).
And (2) just being if it's already in your possession, you can't let it spoil.

Also I agree that if a landowner denied you permission to pursue it that they wouldn't be in possession of it(if their just leaving it there). Especially since if you didn't see it drop, who knows exactly where it is or if it ventured off into a further property if injured.

So the landowner wouldn't be necessarily spoiling it personally(so I was likely wrong there in wording; that the landowner would be spoiling the animal), but they'd be obstructing the hunter's responsibility from claiming it and thus spoiling it in my opinion. I mean that's not listed in the regs/act from what I see, just something you can derive from it.
 
Yanni,

Sub section (10) you quoted is with regards to those species listed being killed in protection of property.

And back to second 36(1), no where under the FWCA or the Trespass to Property Act does it allow for a hunter to enter private private property to retrieve downed game. And laws do not allow the breaking of one law to avoid the breaking of another.
 
Not allowing a hunter access to your private property for whatever reason would never be considered an obstruction of any sorts. And there is no such charge anyways.
 
Yanni,

Sub section (10) you quoted is with regards to those species listed being killed in protection of property.
Whoops :eek: Pretty late and still getting the hang of looking through this thing.

And back to second 36(1), no where under the FWCA or the Trespass to Property Act does it allow for a hunter to enter private private property to retrieve downed game. And laws do not allow the breaking of one law to avoid the breaking of another.
Oh I agree, just because you killed it doesn't give you permission to trespass to get it. You'd need permission to venture off on the neighboring land.

While a hunter has no authority to enter the land, I still believe the way it's worded (how I've interpreted it) a CO would be allowed to do so and can have someone accompany him/her. And since they're allowed to confiscate the deer (since landowner didn't shoot it him/herself), he could essentially hand it over to you I'd assume.

So much trouble for no reason though lol, I'd hate to have neighbors acting like that. Although I know sometimes people don't get along for many different reasons. I'm sure my opinion gets the better of me because I feel it sounds fair(unless they're trouble makers and were actually shooting on the neighbors land), but I really hope it's this way or else I think it should be. :D

Edit: Appreciate the discussion. Very interesting subject. Hopefully we can get some straight answers(and tomorrow at that :p). I can see how there could be problems with the way some of the laws in the act are written. Since it doesn't state the issue clearly, feels more like bouncing you back and forth between other subjects(since it involves a few areas).
 
But having said that, good luck getting a hold of a CO in the first place or getting him out in time to make it happen.
Amen to that. A friend and I were hunting a week or so ago. Came upon a fairly well-used dump site for carcasses. There were 5 coyote bodies that had been skinned and dumped, NP. There was a bull moose hide, head, and partial carcass, NP. Then there were two doe hides and leg bones (with the tags still on them, real smart poachers) laying on the ground, still NP. The problem for me was the intact doe that had been headshot and was just thrown on top of the other doe hides. This was at noon. We had gone by that same site at 10 and there was nothing there. Two hours later, there was this mess. It was obvious that someone had taken 3 does and kept the larger ones, dumping that third. The doe was still quite warm and had not begun to even bloat a little.
Anyway, called the CO office. He was away but would call us. We waited more than an hour and no call. Called again and was told that he had been held up. Told the girl that we would take the doe instead of letting her be wasted. She said she would pass that along. After another 20mins, we had to leave to get to work. Heard nothing from the CO at all that day. Went out the next day, the bones with the tags were gone and the doe was still there but now completely unrecoverable!! F***ing IDIOTS!!
I have still not received a phone call from the CO. Now there's consideration and a great reason to report poaching!! Not even any follow-up to ensure that our good deed netted results.
 
"I get to within 50 yds and she gets up and starts going. I can't get her in the scope."



Ohh, how many times on these threads have I sang the praises of a low power scope for hunting!
 
"I get to within 50 yds and she gets up and starts going. I can't get her in the scope."



Ohh, how many times on these threads have I sang the praises of a low power scope for hunting!

Yep, one of the things you can do once you have downed the animal to give you some time to wait is to adjust your scope back down to its lowest setting. Say from 9x to 3x. Then you will still be able to get the job done.
 
JJ-65,

Must be great to be so awesome. I've shot about 60-70 big game animals and never had this happen before, but I was prepared for it to happen and being prepared ultimately let me recover the animal. I hope you're just as prepared when you fall off your self made pedestal.

Here are the recovered bullets that hung up just inside the opposite hide. They acted the way they are supposed to.

8dfd97cb.jpg



I did have the scope dialed down. When I went back out to track her I took the M1 Garand (the rifle slung on my shoulder in the pic) and a couple of 5 shot clips for the open sites and semi-auto ability -- but didn't need it.
 
JJ-65,

Must be great to be so awesome. I've shot about 60-70 big game animals and never had this happen before, but I was prepared for it to happen and being prepared ultimately let me recover the animal. I hope you're just as prepared when you fall off your self made pedestal.

Here are the recovered bullets that hung up just inside the opposite hide. They acted the way they are supposed to.


Ha Ha Ha That just made my day :) a ????? trying to push another GUNNUT off his pedestal that wasn't self proclaimed, in order to climb aboard the pedestal himself. Ho i of the non posting masses do bow to thee great one.
 
Here in Manitoba you need permission to enter private property, if permission isn't given you can call MNR and they will help you track your animal.

Technically, no one "owns" land except the government (that is why you have to pay tax on it, and can't just say this is "freeman-land"). We only have limited rights to it, its a lease.

This is partly incorrect. If land isn't posted and there's no fence, than you have right of transit unless informed otherwise.
 
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