Waterfowling in a boat question.

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Originally Posted by steelshed

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.

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if we were sitting around discussing it i would explain the entire scenario, and than the choice would be theirs. if we were in the heat of the moment i dont know what i would do until i am in that position.
do you think seizure of a vehicle would happen on such an offense? i dont know but i highly doubt it, it would likely be just fines or a warning. but who knows...

To each his own


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[COLOR=black](2) Notwithstanding paragraph 15(1)(e), a power boat may be used for the purpose of retrieving a migratory bird.

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If one interprets this section to mean that one can't have a loaded firearm in a boat or shoot from the boat unless the motor is off and all forward motion has stopped.....then there is no need for this "exception" because the 15(1)(e) section already eliminated that activity. So one does not need this exception to retrieve a bird. I interpret this section to allow the possession and discharge of a firearm from a moving boat to retrieve crippled waterfowl. If it does not allow that to happen then there was no need to put this section in at all.(acknowledge it is my interpretation and I'd fight a charge in court)

^ and you would win.

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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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This link is not from the Migratory Birds Regulations. It is from a summary and questions document which would be somewhat the equivalent of the Ontario hunting summary. To get the black and white of the law one has to go the actual legislation which can be interpreted as many ways as those who read it. In the end a judge would decide who's right and who's wrong.

No need for 6 pages on this thread lol. No you can not shoot from a moving motor boat, plain and simple. Will you be charged if you do so retrieving a cripple, probably not unless you are doing so in an extremely careless manor.

Is driving 105km on the 401 a violation. Yes. Will you get a ticket doing so, probably not unless you are doing so in extremely careless manor.

my hunting and firearms instructor summed it up well when these type of questions came up. He said when a boarder line or ethical situation arises he would always think, what would my mom say if I did this, if she would be ok with it he felt comfortable doing it.

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Originally Posted by JJZ

No need for 6 pages on this thread lol. No you can not shoot from a moving motor boat, plain and simple. Will you be charged if you do so retrieving a cripple, probably not unless you are doing so in an extremely careless manor.

Is driving 105km on the 401 a violation. Yes. Will you get a ticket doing so, probably not unless you are doing so in extremely careless manor.

my hunting and firearms instructor summed it up well when these type of questions came up. He said when a boarder line or ethical situation arises he would always think, what would my mom say if I did this, if she would be ok with it he felt comfortable doing it.

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You take your mom hunting?;)

Your 1st paragraph sums it up.

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Originally Posted by redd foxx

This link is not from the Migratory Birds Regulations. It is from a summary and questions document which would be somewhat the equivalent of the Ontario hunting summary. To get the black and white of the law one has to go the actual legislation which can be interpreted as many ways as those who read it. In the end a judge would decide who's right and who's wrong.

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Exactly, Environment Canada had to explain this section for those of you who do not understand that you cannot shoot from a moving boat, no matter what.

And still, some of you refuse to understand.

17(1) (a)

Unlawfully discharge firearm from conveyance

Set Fine: $250.00

Total Payable: $305.00

[COLOR=#000000]A person who is in an area usually inhabited by wildlife or who is on the way to or from an area usually inhabited by wildlife shall not,

(a) have a loaded firearm in or on a conveyance or discharge a firearm from a conveyance, except if,

(i) the conveyance is a boat that is not a motorboat, or

(ii) the conveyance is a motorboat and the person is hunting migratory birds in accordance with the regulations under the Migratory Birds Convention Act, 1994 (Canada);

Note the words"except if" in (a).....then Note clause (ii)!!!!!,

Next, go to Sec. 16 of the MBCA....read the last paragraph.

• [COLOR=black](2) Notwithstanding paragraph 15(1)(e), a power boat may be used for the purpose of retrieving a migratory bird.
  
  Here are the actual sections....so...to put this in laymans terms, the section in the FWCA that prohibits discharging a firearm from a boat, contains an exception, ( except if)....that exception is when you are retrieving migratory birds, as allowed by the MBCA......so, discharging a firearms from a boat is an exception to the FWCA when retrieving ducks......Enough said !!!!!!

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Originally Posted by rick_iles

17(1) (a)

Unlawfully discharge firearm from conveyance

Set Fine: $250.00

Total Payable: $305.00

[COLOR=#000000]A person who is in an area usually inhabited by wildlife or who is on the way to or from an area usually inhabited by wildlife shall not,

(a) have a loaded firearm in or on a conveyance or discharge a firearm from a conveyance, except if,

(i) the conveyance is a boat that is not a motorboat, or

(ii) the conveyance is a motorboat and the person is hunting migratory birds in accordance with the regulations under the Migratory Birds Convention Act, 1994 (Canada);

Note the words"except if" in (a).....then Note clause (ii)!!!!!,

Next, go to Sec. 16 of the MBCA....read the last paragraph.

• [COLOR=black](2) Notwithstanding paragraph 15(1)(e), a power boat may be used for the purpose of retrieving a migratory bird.
  
  Here are the actual sections....so...to put this in laymans terms, the section in the FWCA that prohibits discharging a firearm from a boat, contains an exception, ( except if)....that exception is when you are retrieving migratory birds, as allowed by the MBCA......so, discharging a firearms from a boat is an exception to the FWCA when retrieving ducks......Enough said !!!!!!

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Thanks for doing the research for the rest who just don't get it. I doubt they will understand, even now, but its worth a shot!

A lot people forget that when hunting migratory birds, you are under federal regulations, and a lot of the FWCA doesn't apply, or has exceptions in place for migratory birds, as in this case.

S.