Newbie question about Hunter orange

And I queried the MNRF as a result of this thread, and their response today contradicts that given to GW11. Take what you will from this, I'm not into debating it. Posted for information purposes only.


Referring page: page/ministry-natural-resources-and-forestry
Message:

Hello. I am writing to ask you to clear up a topic of uncertainty regarding the use of hunter orange. If I am wearing the appropriate amount of hunter orange (400 sq. in.) when legally required to do so, but then wear a backpack that is NOT hunter orange over top of my jacket or vest thereby rendering some of it not visible, am I in violation of the law?

Reply Request: Yes
Name: smallgamer

E-mail: [email protected]

Phone number: 519-xxx-xxxx

Hello smallgamer:


Thank you for your inquiry.

Yes, it would be illegal to carry a non-hunter orange backpack on your back. By putting a non-hunter orange backpack on your back, you are now illegal because your hunter orange garment is now less than 400 square inches above the waist and visible from all sides.

In the Fish and Wildlife Conservation Act, it states the holder of a hunting or trapping licence shall wear a garment in hunter orange and a head cover in hunter orange while hunting wildlife. The hunter orange garment must be solid and not open mesh clothing with a minimum total area of not less than 400 square inches above the waist and visible from all sides.

Quote:

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Originally Posted by smallgamer

And I queried the MNRF as a result of this thread, and their response today contradicts that given to GW11. Take what you will from this, I'm not into debating it. Posted for information purposes only.


Referring page: page/ministry-natural-resources-and-forestry
Message:

Hello. I am writing to ask you to clear up a topic of uncertainty regarding the use of hunter orange. If I am wearing the appropriate amount of hunter orange (400 sq. in.) when legally required to do so, but then wear a backpack that is NOT hunter orange over top of my jacket or vest thereby rendering some of it not visible, am I in violation of the law?

Reply Request: Yes
Name: smallgamer

E-mail: [email protected]

Phone number: 519-xxx-xxxx

Hello smallgamer:


Thank you for your inquiry.

Yes, it would be illegal to carry a non-hunter orange backpack on your back. By putting a non-hunter orange backpack on your back, you are now illegal because your hunter orange garment is now less than 400 square inches above the waist and visible from all sides.

In the Fish and Wildlife Conservation Act, it states the holder of a hunting or trapping licence shall wear a garment in hunter orange and a head cover in hunter orange while hunting wildlife. The hunter orange garment must be solid and not open mesh clothing with a minimum total area of not less than 400 square inches above the waist and visible from all sides.

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Hey,where did the rest of your post go? I noticed that according to Ont.Reg665/98 pursuant to the FWCA,ALL hunters (except waterfowlers) MUST wear blaze hunter orange during an open season for Black Bear. I take that to mean that because Bear season runs in part of the province from Aug 15 and in the southern part starts on Sep.6 and ends Nov 15,then,ALL hunters must wear blaze orange at all times until the end of the gun season for Bears. That seems to be a change from the Summary that requires hunter orange only during the gun season for Deer,Elk or Moose and only while hunting Black Bears except when in a stand. I believe I posted that in post#2 which may be an error.
Note to newbies---- Please do your own research instead of taking the word from the internet as gospel and just buy a good blaze orange vest or jacket and hat,wear it all the time until all big game gun seasons are over and save yourself a pile of aggravation.:moose:

That's not what the summary says:

All licensed hunters, including archery hunters, hunting during a gun season for deer, elk or moose, are required to wear hunter orange. As well, all black bear hunters hunting during a black bear season outside gun seasons for deer, elk and moose are required to wear hunter orange except when in a tree stand. Waterfowl hunters are exempt from the hunter orange requirement.

It's also not what FCWA says. See clause 4a,b which exempts small game hunters, turkey hunters and trappers from 1b.

26. (1) The holder of a hunting or trapping licence shall wear a garment in hunter orange and a head cover in hunter orange while hunting wildlife,
(a) during the open seasons for deer, elk or moose, other than the seasons restricted to the use of bows only; and
(b) during the open season for bear. O. Reg. 665/98, s. 26 (1); O. Reg. 529/10, s. 6; O. Reg. 49/11, s. 3 (1).
(2) The garment referred to in subsection (1) must be solid and not open mesh clothing with a minimum total area of not less than 400 square inches above the waist and visible from all sides. O. Reg. 665/98, s. 26 (2).
(3) Clause (1) (a) does not apply to a person who is hunting migratory game birds other than woodcock. O. Reg. 665/98, s. 26 (3).
(4) Clause (1) (b) does not apply to a person who, during an open season for bear,
(a) hunts small game or wild turkey;
(b) hunts wildlife, other than bear, authorized by a trapping licence on his or her trapline;
(c) hunts moose, deer or elk during an open season for moose, deer or elk that is restricted to the use of bows only and that runs concurrently with the open season for bear; or
(d) is in a tree stand while hunting bear. O. Reg. 49/11, s. 3 (2).
(5) In this section,

Quote:

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Originally Posted by trimmer21

Hey,where did the rest of your post go? I noticed that according to Ont.Reg665/98 pursuant to the FWCA,ALL hunters (except waterfowlers) MUST wear blaze hunter orange during an open season for Black Bear. I take that to mean that because Bear season runs in part of the province from Aug 15 and in the southern part starts on Sep.6 and ends Nov 15,then,ALL hunters must wear blaze orange at all times until the end of the gun season for Bears. That seems to be a change from the Summary that requires hunter orange only during the gun season for Deer,Elk or Moose and only while hunting Black Bears except when in a stand. I believe I posted that in post#2 which may be an error.
Note to newbies---- Please do your own research instead of taking the word from the internet as gospel and just buy a good blaze orange vest or jacket and hat,wear it all the time until all big game gun seasons are over and save yourself a pile of aggravation.:moose:

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Read the summary and FWCA - they are both online.
In a nutshell you need to wear blaze orange:
- all hunters except waterfowlers during deer, moose, elk gun seasons
- bear hunters when not in a tree stand (all bear seasons allow firearms)

No need to confuse it more than that.

Quote:

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Originally Posted by werner.reiche

Read the summary and FWCA - they are both online.
In a nutshell you need to wear blaze orange:
- all hunters except waterfowlers during deer, moose, elk gun seasons
- bear hunters when not in a tree stand (all bear seasons allow firearms)

No need to confuse it more than that.

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A-H-H-H!!!! Unless I'm in the boat,I'm wearing it all the time. The Summary is quite clear that it's a general guide only and the FWCA AND the Ontario Regulations is the final authority. My head hurts...o-w-w-w.

Quote:

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Originally Posted by smallgamer

And I queried the MNRF as a result of this thread, and their response today contradicts that given to GW11. Take what you will from this, I'm not into debating it. Posted for information purposes only.


Referring page: page/ministry-natural-resources-and-forestry
Message:

Hello. I am writing to ask you to clear up a topic of uncertainty regarding the use of hunter orange. If I am wearing the appropriate amount of hunter orange (400 sq. in.) when legally required to do so, but then wear a backpack that is NOT hunter orange over top of my jacket or vest thereby rendering some of it not visible, am I in violation of the law?

Reply Request: Yes
Name: smallgamer

E-mail: [email protected]

Phone number: 519-xxx-xxxx

Hello smallgamer:


Thank you for your inquiry.

Yes, it would be illegal to carry a non-hunter orange backpack on your back. By putting a non-hunter orange backpack on your back, you are now illegal because your hunter orange garment is now less than 400 square inches above the waist and visible from all sides.

In the Fish and Wildlife Conservation Act, it states the holder of a hunting or trapping licence shall wear a garment in hunter orange and a head cover in hunter orange while hunting wildlife. The hunter orange garment must be solid and not open mesh clothing with a minimum total area of not less than 400 square inches above the waist and visible from all sides.

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I guess this goes to show you that one CO's interpretation can and likely will be different from the next. Thanks for posting that smallgamer. I'll print and carry the response I received in case I run into problems.

I'm not sure if I mentioned it earlier but I've talked to CO's in the field while wearing a large green pack over my blaze vest and it wasn't an issue. It's probably one of those things they can decide to charge you with if you act like a jerk.

I just got back from the Moose hunt and was checked twice by CO's. Each time I had my back pack on over my orange jacket and it wasn't an issue. As long as we're wearing the proper vest or jacket,the back pack doesn't matter because it can be removed.

The law would be more applicable to the "visible from all sides" portion. If you are hunting while walking with a backpack obscuring the hunter orange on your back then the 400 inches wouldn't be visible on all sides. As with all LE, discretion and common sense is a part of it... a hunter at his truck with his pack on over the orange is different than someone stalking with a pack on in Southern Ontario in a crowded bush.

Great question for a thread though.....It really gets the people moving,