Perhaps the officer could seize the tag as evidence that the hunter did not have the correct tag thereby talking the tag out of commission.
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Perhaps the officer could seize the tag as evidence that the hunter did not have the correct tag thereby talking the tag out of commission.
Maybe the thinking is...................... If the MNRF take their tag out of the equation (they need to turn it in) they won't make the call about the mistake in the first place?
It's always been a bit of a conundrum for me,too. I get that when someone mistakenly takes the wrong gender,they should pay a penalty and lose their tag,one to enforce the law and second,the tag cancellation to account for the animal. In buddy's case,though,the animal was taken under a license legally,but,the animal couldn't be recovered due to the attitude of the landowner which couldn't be circumvented simply because that's the way the law is. I don't agree that under the circumstances,his tag was invalidated through no fault of his own.
Yes your friend's situation is different for sure. The worse part about mistaken Moose being killed in my opinion is very often its a Cow being mistaken for a calf. So a breeding animal is gone to the food bank with the MNR for disposal and another animal, the calf could be taken if the group keep's hunting. Really screws up any management plan for the WMU. I posted a few years ago that 35 animal's had been taken by mistake in WMU 60 and that was only by the Thursday.
You're probably right. More moose then left in the bush to rot.Quote:
Maybe the thinking is...................... If the MNRF take their tag out of the equation (they need to turn it in) they won't make the call about the mistake in the first place?
My question is how does the land owner know who the trespasser is - unless he personally knows him - it could be anybody - hard to charge someone if you not sure who he is -
I don't think it is that easy to charge anyone with trespassing - especially a guy who is a veteran in doing that - if I was trespassing on some guy's property and I see someone I just turn around and walk away - what's the owner going to do - chase me
Most of the time now trespassers are getting caught and identified on trail cams!
I'm fairly sure that unless you have crossed obvious proper boundaries like fences and posted land that you have to first get "caught" on the property and informed that it is in fact private land so you can't be charged the first time around. Basically they can't prove you knew the land was private. I definitely recall seeing that posted on more than one thread over the years, at least one here too.