I never lost an animal until....
- Thread starter sjemac
- Start date
Nice cow, congrats!
I'm in AB and a few years ago a buddy got verbal permission from a CO to look for a wounded moose the day after season closed.I'd take the lab "bird hunting" and maybe find a moose? I don't care to waste game either.Some laws are just plain stupid.
You are correct with this statement.
I shot a beautiful 175" mulie with my bow. I made a poor shot and he ran onto a anti hunters home quarter!
I thought I was hooped in retrieving my buck.
Not so, the wardens came and helped me load it.
The land owner wasnt happy mind you, but I was entiteled to my legally taken game animal.
It was a great turn of events, after seeing my buck jump that fence!
Rest assured, i can pull off bang flops with schitt bullets too. But then again i have some skill to bring to the equation .
That's one of the things real experience forces you to give up - the belief that you are simply awesome.
There is one option here that is not mentioned, Contact the CO if denied permission. If the CO is also denied permission then you still have the option of committing the heinous crime of trespassing to fulfill your moral obligation of retrieving your game. In my personal opinion it is worth the $150 fine to look in the mirror and know you did the right thing.
It is impossible for a landowner to dispose or claim an animal shot by another hunter. It is illegal to obtain game that was killed by another person(unless party hunting). It is also illegal to allow game to spoil.
Now, if you shoot something and it ventures off to the neighboring property you can't simply jump in there to look for it(you may but it's trespassing). You must inform the landowner of the situation and more then likely you'll be allowed to get it. If it's an anti or simply doesn't want to allow you, call the authorities. A CO WILL go with you to get it and the landowner will be fined if he/she tries to obstruct that.
Not sure what's with people saying that's not the case and being stubborn about it, where's your proof that's its not the case? I've been personally told by COs to take those steps if the situation arises. I've sent an email inquiring about it to be sure, so we'll see.
A CO has the authority to access any land at anytime if they suspect something. They in no way, sort, or form need permission from a landowner to enter.
Now, if you shoot something and it ventures off to the neighboring property you can't simply jump in there to look for it(you may but it's trespassing). You must inform the landowner of the situation and more then likely you'll be allowed to get it. If it's an anti or simply doesn't want to allow you, call the authorities. A CO WILL go with you to get it and the landowner will be fined if he/she tries to obstruct that.
Not sure what's with people saying that's not the case and being stubborn about it, where's your proof that's its not the case? I've been personally told by COs to take those steps if the situation arises. I've sent an email inquiring about it to be sure, so we'll see.
A CO has the authority to access any land at anytime if they suspect something. They in no way, sort, or form need permission from a landowner to enter.
In Ontario, the landowner can claim the deer if he wishes.
And a CO cannot enter private property against a landowners wish just to assist in retrieval on an animal.
Getting charged with trespassing with a firearm or trespassing to hunt under the Ontario Fish and Wildlife Conservation Act can have more serious consequences than being charged under the Trespass to Property Act. Seizure of game and equipment, licence suspensions and bigger fines.
Excellent point. I am waiting the word from the MNR on this as far as legality of it.
I think it should be doable using a "non traditional" deer "hound", tracking online and not carrying a firearm.
It would only take 2-3 weeks to get the right dog trained up for this.
Sorry but that's illegal. It's illegal to claim an animal that was shot by another person. The regulations state that it's illegal to do so. Even if you have a tag, you can't affix it to another person's kill unless party hunting.
As for just stumbling upon a dead animal, if you notify the authorities they might allow you to claim it(such as roadkill, natural cause, another hunter injuring it). They don't have to let you keep it, they can take it for testing, bring it to a reserve or other places. All depends on what they think happened to the deer.
If laws haven't recently changed, COs actually have much more authority in many regards in comparison to normal LEO's.Waterfowler said:
MNR said:
As for a clear cut answer, I should have a reply from the MNR tomorrow.
But I definitely agree with you that many things are loosely written or pertain other clauses in separate acts. Laws, regulations, politics, etc can be very confusing and huge messy webs.
And things can be derived from laws when you put things together. So I'd also agree it could depend on how the CO chooses to act. But they do have the authority to do so.
MNR said:
You're legally bound to claiming the animal, the landowner and yourself would be allowing it to spoil. The landowner can't claim the deer for their own either. Regardless if he just happened to find it (whether knowing or not) or if he's a hunter himself and has a tag.MNR said:
Now the last part of that clearly can't apply to the situation since the landowner knows who shot it and authorities would be informed.MNR said:
Now I may be wrong, but from how I perceive the information I've been personally told by COs in the past and what I derived from a few minutes searching the regs I believe that this is the case. Of course once an official word can be put in, that would help to clear the subject up.
Sorry I should have been clearer. The landowner would have to claim the deer similar to a road kill, obtaining a pemit to possess it. And yes the MNR could seize it if required. And agreed, they cannot tag it themselves.
A CO does not obtain his authority by way of his position. It is obtained through the FWCA. And any police officer in Ontario can enforce this act and thus has the same authority as a CO from this act.
The authority under the FWCA allows for a LEO to enter private lands for investigation or to ensure compliance with the FWCA. Retrieving game is not considered an investigation.
A landowner has no responsibility to recover a dead animal on his property and cannot be charged for failing to do so.
Again, I'm sure a CO would mediate retrieval of downed game if it came down to it. 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.
Here's a few excerpts I find to be relevant to the situation. Kind of just goes along with the whole web effect. It's all meant to be linking and in that sense retrieving game would (or should) be enforced.
So he doesn't need permission to enter. Can have you accompany him, and can order on how the animal should be disposed of (claimed/taken). Add that with the fact that it would be illegal for the landowner to claim the animal for his/her own, and the hunter who shot it is lawfully permitted and in a situation where their legally bound to pursue and claim it. Now if the landowner tried to make a formal claim for the animal once found, if we're in a situation where the hunter is trying to retrieve it but not allowed, I'm fairly certain the CO would simply give it to the hunter under their authority to confiscate the animal.
A landowner in reality can be charged with quite a few things, would they? I highly doubt it. Probably a warning, then they'd comply even if don't want to. Or a small fine.
Now whether I'm seeing it right or not, I think the whole issue is quite a big mess. The only thing I'd suggest to people is to try to treat the neighboring owners with respect and if possible discuss the possibilities of game crossing the field in advance(kind of like you shoot and it goes over we'll let you get it, we shoot and it crosses you let us), and just inform them whenever it occurs and you need to go get it. Of course that gets tricky if you get anti-hunters or people you've been having issues with. As for people against hunting, I believe their entitled to their opinion but they shouldn't enforce it on us, goes a long way if both sides can respect each-others opinions. =/
As for getting a CO to come by and ASAP at that, it would definitely be the roll of the dice. Sometimes it's so bad you'd be lucky to even get through
I hear what you are saying and do see where you are coming from based on the wording of some things.
However, I think you will see where I'm coming from with regards to authorities and responsibilities when you receive your reply from the MNR.
However, I think you will see where I'm coming from with regards to authorities and responsibilities when you receive your reply from the MNR.
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.
(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.
