Waterfowling in a boat question.

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Originally Posted by Sinker

What is YOUR definition of a retrieve? Read the bold/underlined sections. This is copied straight from the MBCA.

Retrieving Birds

• [COLOR=black]16 [COLOR=black](1) No person shall hunt a migratory bird unless he has adequate means for retrieving any such bird that he may kill, cripple or injure.
• [COLOR=black](1.1) A person who kills, cripples or injures a migratory bird shall
  
  • [COLOR=black](a) immediately make every reasonable effort to retrieve the bird; and
  • [COLOR=black](b) if he retrieves the bird while it is still alive, immediately kill and include it in his daily bag limit.
  
  
• [COLOR=black](2) Notwithstanding paragraph 15(1)(e), a power boat may be used for the purpose of retrieving a migratory bird.
  
  
  
  
  
  
  Pretty clear to me.
  
  S.

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See. That's just it. It doesn't say retrieving a crippled migratory bird, it says retrieving one.

Further compounded by the fact that the reg does not indicate that shooting a cripple from a power boat is permitted. It simply says that it can be used to retrieve using one. There is a distinction between "immediately kill", and using a firearm from a boat under power.

If the reg stated that "in the course of retrieving a crippled bird, a power boat may be used and fired from", then have at it. However, no language used so far, and re-published on here gives any credence to the assertion that a powered boat may be fired from.

to me this is pretty obvious. there is a lot of anecdotal things being thrown around, yet it states it pretty clear on the post on the first page that shooting at a bird is not allowed out of a boat under motor power.

that being said i am a spirit of the law kind of guy. if shooting safely out of the boat when still under motion is your only option, to end suffering and to retrieve the bird, i would argue that to a CO and take the punishment if he didnt budge.
i think the guys who do it, will continue to do it, and guys who dont, wont. but the discussion is good to have (with facts, and some anecdotes) so that new hunters can make the choice on their own.

all that said, i am no expert, and have never hunted out of a motor boat so havent faced this quandry....

throwing around names for people pointing out the letter of the law is immature at best and doesn't help you argue your point... but some people just like to post like that...

Quote:

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Originally Posted by Sinker

What is YOUR definition of a retrieve? Read the bold/underlined sections. This is copied straight from the MBCA.

Retrieving Birds

• [COLOR=black]16 [COLOR=black](1) No person shall hunt a migratory bird unless he has adequate means for retrieving any such bird that he may kill, cripple or injure.
• [COLOR=black](1.1) A person who kills, cripples or injures a migratory bird shall
  
  • [COLOR=black](a) immediately make every reasonable effort to retrieve the bird; and
  • [COLOR=black](b) if he retrieves the bird while it is still alive, immediately kill and include it in his daily bag limit.
  
  
• [COLOR=black](2) Notwithstanding paragraph 15(1)(e), a power boat may be used for the purpose of retrieving a migratory bird.
  
  
  
  
  
  
  Pretty clear to me.
  
  S.

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Its pretty clear to me that you omitted the rest of the regulation :

[COLOR=#333333]" A power boat may be used to retrieve a crippled, injured or dead migratory game bird. However, you may not shoot at a migratory bird while the boat is in motion. "

https://www.ec.gc.ca/rcom-mbhr/default.asp?lang=En&n=F566470E-1

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Originally Posted by bowj

to me this is pretty obvious. there is a lot of anecdotal things being thrown around, yet it states it pretty clear on the post on the first page that shooting at a bird is not allowed out of a boat.

that being said i am a spirit of the law kind of guy. if shooting safely out of the boat when still under motion is your only option, to end suffering and to retrieve the bird, i would argue that to a CO and take the punishment if he didnt budge.
i think the guys who do it, will continue to do it, and guys who dont, wont. but the discussion is good to have (with facts, and some anecdotes) so that new hunters can make the choice on their own.

all that said, i am no expert, and have never hunted out of a motor boat so havent faced this quandry....

throwing around names for people pointing out the letter of the law is immature at best and doesn't help you argue your point... but some people just like to post like that...

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So you have no problem telling a new hunter to risk fines, possibility of seizure of equipment and vehicle, loss of hunting privilege that it's ok to discharge a firearm from a boat under power to kill a bird that most likely can be retrieved and killed without breaking laws? Why not just run up on the bird and grab it with a net, or run your boat up to the bird and stop the boat and turn off the engine and then load up your firearm and dispatch the bird?

Discharging a firearm from a boat under power is never an option, this is when you are protected by the clause that you have made every reasonable effort to retrieve the bird. Just like you cannot trespass to retrieve your bird or discharge your firearm after legal shooting time to kill a crippled bird.

Quote:

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Originally Posted by bowj

t....
i think the guys who do it, will continue to do it, and guys who dont, wont. but the discussion is good to have (with facts, and some anecdotes) so that new hunters can make the choice on their own.
....

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you forgot to mention that the guys who like to argue and attack other for their enjoyment will also continue to do so

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Originally Posted by 3Wheelerdude

Its pretty clear to me that you omitted the rest of the regulation :

[COLOR=#333333]" A power boat may be used to retrieve a crippled, injured or dead migratory game bird. However, you may not shoot at a migratory bird while the boat is in motion. "

https://www.ec.gc.ca/rcom-mbhr/default.asp?lang=En&n=F566470E-1

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A migratory bird is not a crippled bird. Big difference.

To shoot at a migratory bird you are hunting, retrieving a cripple, you are not hunting, you are retrieving. Two different scenarios with different definitions, and different regulations.

Anyways, you guys argue all you want.

I will add one thing, I heard of a guy chasing a cripple from a moving boat, fired the shot, got the duck, but didn't pick up his empty shell. He got charged with littering. Not a word about shooting from the boat.

I will chase cripples in my boat every time, and I have a very good track record for retrieving them. I can count on one hand how many get away over the course of a season. A lot more would be lost if I had to hit neutral and stop all forward motion.

The intent of the regulation is to stop people from running up to a flock of ducks and opening fire on them.

I guess you risk being charged with not using every reasonable effort if you don't chase them with the boat. Sometimes you only have a split second and they are gone under again. I don't know how many cans you guys have shot, but good luck getting a cripple without chasing them in the boat and shooting while under power. Its not gonna happen.



S.

Quote:

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Originally Posted by Sinker

A migratory bird is not a crippled bird. Big difference.

To shoot at a migratory bird you are hunting, retrieving a cripple, you are not hunting, you are retrieving. Two different scenarios with different definitions, and different regulations.

Anyways, you guys argue all you want.

I will add one thing, I heard of a guy chasing a cripple from a moving boat, fired the shot, got the duck, but didn't pick up his empty shell. He got charged with littering. Not a word about shooting from the boat.

I will chase cripples in my boat every time, and I have a very good track record for retrieving them. I can count on one hand how many get away over the course of a season. A lot more would be lost if I had to hit neutral and stop all forward motion.

The intent of the regulation is to stop people from running up to a flock of ducks and opening fire on them.

I guess you risk being charged with not using every reasonable effort if you don't chase them with the boat. Sometimes you only have a split second and they are gone under again. I don't know how many cans you guys have shot, but good luck getting a cripple without chasing them in the boat and shooting while under power. Its not gonna happen.



S.

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So a migratory bird loses it status when it is injured??? The regulation is there to prevent people from discharging from a motor vehicle. Please read what you are writing. If this was the case then using a rifle to dispatch a bird would then become legal, or using lead shot, discharging after legal time or many other countless offences because you are no longer hunting migratory birds?
Yikes...

My only intention is to prevent people, specially new hunters from getting in trouble with the law and risk the loss of hunting privilege.

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Originally Posted by steelshed

So a migratory bird loses it status when it is injured??? The regulation is there to prevent people from discharging from a motor vehicle. Please read what you are writing. If this was the case then using a rifle to dispatch a bird would then become legal, or using lead shot, discharging after legal time or many other countless offences because you are no longer hunting migratory birds?
Yikes...

My only intention is to prevent people, specially new hunters from getting in trouble with the law and risk the loss of hunting privilege.

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Then your advice should be to check with the authorities, rather than taking advice from nameless posters on the internet !

Quote:

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Originally Posted by steelshed

So a migratory bird loses it status when it is injured??? The regulation is there to prevent people from discharging from a motor vehicle. Please read what you are writing. If this was the case then using a rifle to dispatch a bird would then become legal, or using lead shot, discharging after legal time or many other countless offences because you are no longer hunting migratory birds?
Yikes...

My only intention is to prevent people, specially new hunters from getting in trouble with the law and risk the loss of hunting privilege.

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Mmmmhmmmm......YUP....I'm done!

See ya!!

S.

Quote:

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Originally Posted by steelshed

So a migratory bird loses it status when it is injured???

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It does becomes part of your bag limit, so you better go get it by every reasonable method available....Some feel if you can do it safety from a moving boat...thats reasonable.