I agree. The second your recovery turns into pushing a deer after legal shooting time, then you have to back out.
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Dyth
What if its not dead, and honestly how can anyone be 100% sure they have made a lethal shot. Many threads asking if this is legal or that is legal all come back to this part of the regs. It's not for me to really say what it is or isn't.
A CO will decide first, no matter what we think
A judge will decide secondly no matter what he the CO thinks
or she
:)
What I can do, and what I do do.
Letter of the law, and COs discretion.
If I was a CO not sure which way I could say which way I might go on these topics, Id have to be there, in the moment, in the COs shoes, evaluating this, evaluating that and more. Other than to say as the MNR usually does on all these threads, grey areas etc. Yes thats against the law...
We can't possibly cover all scenarios, all contingencies.
Letter of the law says unliscenced hunters cannot aid a hunt at all.
can't call
Can't walk more than a few feet away from the hunter ( at what point are they helping a push)
Cant help with Dekes....Throw out dekes, and 30 minutes later when the duck gets shot their action led to the duck being shot the part where it turns to "unless its hurt/killed"
Cant help retrieve game. Unless its dead and tagged. At that point they are not hunting.
but do anything, take any action that leads to something being hurt or killed and you then meet the legal definition. After that.......up to the CO
On one hand the law says we have to make every effort to retrieve the animals.
On the other hand the law says at times we can't. have to let it be and let fate decide if it becomes worm and scavenger or not.....
Only time I know for sure that something is dead, lethally shot. Is when it piles up in my sight, or cries like a baby for mom for a few seconds ( A bears death moan). While I can't see the bear, I can hear that.
So, your friend shoot a buck in the guts. or maybe just high in the shoulder. He swears up and down it was a good shot, is positive it was. You wait until after legal light and the end of the season to start tracking it. Or you go out first thing the next morning......And its not dead.
You are not safe.
If you put the buck out of its misery, you've made things worse. You've killed an animal when the season is closed.
Now I am not going to say what I think is right wrong, what anyone else should do or how they should interpret the situation. Thats for the CO...
Me
I just don't put myself in that position to begin with. Last day of the season Im done usually by 2pm. That is my personal "last legal"
:)
Your assertion we were hunting after dark is incorrect. We learned the fact the shot was poorly placed the next morning when we came across the deer and it got up. When I took the shot, I thought I had it clean. So no, we were not hunting after dark. We were in the process of recovering the deer (which under the circumstances we were allowed to do). We didn't pursue the animal in the morning because despite my shot, it was wounded. Not dead. The night before we had a blood trail and followed it. We couldn't find it so we backed out so we didn't cross over the line into hunting.
Oh it was the next morning you realized you made a bad shot REALLY.You made a shot which deflected of a tree branch and hit the deer in a non vital area,not even the gut.Lets give you the benefit of the doubt here and say you found evidence the next morning you hit a tree branch.
The deer ran by your buddy that night and he was a fair bit away.Could you not assume right then you had not made a killing shot?
So you started to track for up to 2 1/2hrs and you decided to come back the next day, apparently not because you were hunting after dark but because
you were to close to the landowners property line.
There s a difference between a "clean shot" and a "clean killing shot" which clearly yours was not.In my opinion from your own description you were hunting after dark and at the very least you should have contacted the Ministry as is recommended.
You are absolutely correct. The CO will decide whether our actions are correct or not. We have to read the law and interpret it as best we can. When you shot an animal close to legal light you are to recover that animal under the spoilage section of the FWCA but you can't let your actions move you into the realm of hunting after legal light.
As for your example of your friend shooting in the guts at the end of the season, if you find the deer alive the next day, you have to leave it because if you kill it then, you have now crossed over into hunting and the deer is out of season. It sucks but that is how the law reads.
Yea. It was. Clearly you don't believe me. We did what we thought we had to under the law for a recovery until it was evident that it was not longer a recovery. And yea I believe I hit a branch. It is also within the realm of possibility that I made a bad shot. I thought I had made a good shot and would find a dead deer. A deer shot through one lung can travel a long distance before it expires and leave very little blood. I stand firmly behind my actions.
Yep, also includes that evening. "what if".
You leave your rifle bow in the truck and go look for it. You find it, but its still breathing, so you slit its throat. Drag it out of the bush at 8pm or 10pm and a CO is waiting by the truck...oh oh.
Safest thing is to call the local, no different than when a buck makes it to private property.
Lol one area I hunt even gps signals aren't a sure thing......
So if theres any weapons present, the next day..whatever/whichever .Kind of hard to argue with a CO "not hunting". The CO may still be ok with it, understand its just a guy trying to do the "right thing".
A) follow the law ( make every effort)
B) Not let an animal suffer
And maybe let him or them go with a warning.
Don't know I'm not the CO and not there in the moment.
But by the same token I get why the law is written that way...bad apples and more.
Even though I already said which way I lean on this one ( I don't agree). Not going to put myself where its up to a CO and things I have zero control over, or a buck in that situation ( aka possibly deing a slow death) if I can avoid it.
Past experience would leave me to choose NOT to voluntarily involve the MNR with just about anything. I would call them if we made a mistake on a moose (i.e. shot a young cow rather than a calf) but that's about it.
I can't see them having the resources to deal with every bow hunter calling them about recovering a deer after dark either. It's not an uncommon thing.
Boy................. the internet sure makes me feel stupid......
I also don,t think they have the resources to deal with every bow hunter calling, but the heads up is probably appreciated.If you have called and they know what your up to they can probably write off the complaint call they might get if somebody calls about your activities.The fact you made the call would indicate your on the up and up and can ascertain where you might be the next morning.That then free,s them up for a possible real violation call that same night.