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You also contradict yourself in post 34 saying that retrieving game is not hunting, which i agree, which does not require a hunting license. So shooting a crippled bird is not hunting, your saying that it's retrieving, therefor an unlicensed hunter may shoot the crippled bird????Quote:
Originally Posted by rick_iles
No, only if the bird is dead. I'll concede the fact that a live crippled bird is being "hunted"...Quote:
Originally Posted by steelshed
Either way, the game officer did mention it is a very hard charge to stick unless it's combined with other charges... It's also a small fine, but the downfall is that anyone that is charged under the migratory bird act loses his privilege to purchase a migratory bird license for 1 year, and that would suck.Quote:
Originally Posted by rick_iles
An individual picking up a someones dead bird or cripple is retrieving a bird and is participating in the hunt and needs a hunting license.
I've sent off a letter for some clarification.
Quote:
Originally Posted by onelessarrow
Gotta open up another one eh LOL
We did the same. A friend from the US went moose hunting with us. The answer was that he couldn't participate in the hunt, but after the kill, he was allowed to assist in the recovery. But that's a discussion for another thread..Quote:
Originally Posted by onelessarrow
Retrieving dead birds or any game for the matter is not hunting, and does not require a hunting license. A crippled bird is still being hunted and must be dispatched by somebody with a hunting license. It's very popular to bring younger children that are not eligible for a hunting license to retrieve dead birds and expose them to hunting. They cannot call or spot as these actions are considered hunting.Quote:
Originally Posted by onelessarrow
If a child under 12 calls or spots, what are you going to charge them with? The provincial offenses act (thanks Rick) prevents this:Quote:
Originally Posted by steelshed
Minimum age 94. No person shall be convicted of an offence committed while he or she was under twelve years of age. R.S.O. 1990, c. P.33, s. 94.
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Here's the response from your officer with his interpretation of the law.Quote:
Originally Posted by steelshed
Hi Frank,
He more or less paraphrased my answer but you cannot shoot at a cripple from a moving boat. A power boat may be used for the purpose of retrieving a migratory bird. I understand you may get a wide variety of answers on this topic but here’s my rationale:
Retrieving is not the same as “hunt” which is why you can retrieve game at night, have an unlicensed friend help you track a downed animal or have an unlicensed person run out and retrieve your birds for you etc. However, if this person was using a firearm to dispatch wounded game, he would require the appropriate licenses. If the animal is still alive, then you are “hunting”, If the animal is dead, then you are retrieving. The act specifically prohibits hunting from a power boat so as long as the bird is alive and you are actively pursuing it, you’re hunting. The intent of the section was to allow a power boat to be used to retrieve birds that are presumed dead, back when the act of retrieving may have fallen into the definition of “hunt” and then kill it once retrieved if it is still alive (in that order) as outlined below in (a)&(b) of the regs.
16. (1.1) A person who kills, cripples or injures a migratory bird shall
(a) immediately make every reasonable effort to retrieve the bird; and
(b) if he retrieves the bird while it is still alive, immediately kill and include it in his daily bag limit
Since migratory birds are little different than other game, it is common to retrieve a bird that may still be alive. Pursuing a wounded bird and shooting it from a power boat is a different action than using your boat to drive out and pick up a bird. I have no doubt that shooting from a moving boat is sometimes the most effective way to quickly dispatch a cripple, however I don’t believe it falls within the intent of the law and it is also a huge safety issue.
I hope this answers your question.
Thanks,
Justin
His second to last sentence speaks volumes .....the bottom line is, it is common practice to kill cripples from a boat under power, especially when diver shooting in open water. I know of no enforcement of this ever being done. The MBCA does not specifically prohibit it. The FWCA actually has an exception to the discharge from conveyance regulations when waterfowling. To not chase them down and dispatch them only results in lost birds, and fat raccoons and skunks.