Question About Accompanying A Hunter

Hey guys, just a quick question here. I was wondering if these situations would be legal?

Situation 1) One person is hunting turkey. They have their licenses and tags. One of their friends wants to come along. The friend does not have a license or tag of any sort, and does not touch any firearms or make any calls during the hunt. They just observe.

Situation 2) One person is laying trail cams for an upcoming deer hunt. They have licenses as needed. Their friend wants to come along. The friend does not have anything, and is just accompanying the hunter while they set up trail cams.

Are both these situations legal?

personally I'd send and email to the MNR and get the correct answer. Everyone will have their own opinion but there is only one that counts

I'm no lawyer but I believe both scenarios are legal. You aren't an active participant of the hunt, merely an observer. Nothing illegal about setting up trail cams in the woods.

Sounds good to me. Seems you have the understanding that the observer can't be an active participant during the hunt, though if it was me packing out the turkey and carrying in the cameras would be the observers job.

#2 should be straight forward OK.

What if one is "just"a wildlife lover ,a citizen without a licence ,and wants to take some wildlife photos. Based on the question-we can safely say,that birdwatching would be close match to the trail camera situation-and no one was ever challenged for that.
Plus-based on the "generally "understood definition of hunting in Ontario,there will not be an animal "harmed" by any means -AT the time, the observer is there.

#1-I think this will be a big NO.
Situation can be easily interpreted(or done,for that matter)that the observer may/will contribute to "harming"an animal.

Best to ask an official.

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Originally Posted by gbk

#2 should be straight forward OK.

What if one is "just"a wildlife lover ,a citizen without a licence ,and wants to take some wildlife photos. Based on the question-we can safely say,that birdwatching would be close match to the trail camera situation-and no one was ever challenged for that.
Plus-based on the "generally "understood definition of hunting in Ontario,there will not be an animal "harmed" by any means -AT the time, the observer is there.

#1-I think this will be a big NO.
Situation can be easily interpreted(or done,for that matter)that the observer may/will contribute to "harming"an animal.

Best to ask an official.

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Although the best part of your advice is ask an official a little common sense will go a long way
As per the FWCA
"“hunting” includes,

(a) lying in wait for, searching for, being on the trail of, pursuing, chasing or shooting at wildlife, whether or not the wildlife is killed, injured, captured or harassed, or

(b) capturing or harassing wildlife,

except that “hunting” does not include,

(c) trapping, or

(d) lying in wait for, searching for, being on the trail of or pursuing wildlife for a purpose other than attempting to kill, injure, capture or harass it, unless the wildlife is killed, injured, captured or harassed as a result,"
Intent determines the condition.
So in the case of an "Observer" they would fall under the exception activities
(d) lying in wait for, searching for, being on the trail of or pursuing wildlife for a purpose other than attempting to kill, injure, capture or harass it, unless the wildlife is killed, injured, captured or harassed as a result,"
So as long as their actions are not a direct result ( not may/will) the wildlife is killed, injured, captured or harassed they are good to go.
If one is really concerned than put a camera or gopro in their hands and call 'em a bird watcher.

There was a very similar question in the hunt ontario mag ,ask a CO question the answer was there

Both seem legal to me

As long as a person isn’t engaged in hunting (see legal definition) they are fine. Spectators are welcome!

Quote:

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Originally Posted by overtheir

There was a very similar question in the hunt ontario mag ,ask a CO question the answer was there

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Was just going to say this.
search for it and you will find absolutely legal to spectate. Just can’t participate. How else would we ever take kids out into the field

Was reviewing this old thread think its relevant, good read through and you'll get your answer at the end.
https://www.oodmag.com/community/sho...as-a-spectator

Situation can be easily interpreted(or done,for that matter)that the observer may/will contribute to "harming"an animal.
See highlighted.

What the observer will do then,once the deer is hit?
Since no one can say (unless the game falls over within eyesight)that the game is dead or alive-the observer actually can not chase after it!

What the observer will do then,once the deer is hit?
Go home-or sit in the truck waiting for an unknown time frame-while the licensed person chases after the game,with intention to find it,and finish it off if not yet dead.

Very "non life like" scenario.A hard sell ..........

Quote:

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Originally Posted by gbk

Situation can be easily interpreted(or done,for that matter)that the observer may/will contribute to "harming"an animal.
See highlighted.

What the observer will do then,once the deer is hit?
Since no one can say (unless the game falls over within eyesight)that the game is dead or alive-the observer actually can not chase after it!

What the observer will do then,once the deer is hit?
Go home-or sit in the truck waiting for an unknown time frame-while the licensed person chases after the game,with intention to find it,and finish it off if not yet dead.
here's a response from a previous linked thread you may have not read


Very "non life like" scenario.A hard sell ..........

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Again read the definition the actions of the observer has to directly causes harm THIS MAY/WILL has no bearing.
I'm not a deer hunter but from my understanding after a big game animal is shot a reasonable time is given for the animal to bed down and expire before recovery commences as not to bump it further and further. Hence most proceed under the assumption they are recovering a dead animal once it is found then if it dead the observer can continue on if its alive can't be an active participant it further. We are not dealing with Schrodinger's cat seems most can distinguish between an active participant and an observer if you can't my suggestion to you is don't take a non license person with you.
here is a response from a previous linked thread
"[COLOR=#000000]I received a reply moments ago from the MNR. Very fast, I'm impressed. Emailed last night and already got the answer confirmed I was looking for.

[COLOR=#000000]-------

[COLOR=#000000]Hello,

[COLOR=#000000]Thank you for your inquiry.

[COLOR=#000000]Yes, you may sit in the blind with your friends and observe the hunt only. You may not actively participate in the hunt in anyway, including but not limited to: calling, rattling, point out game, driving deer, holding/shooting firearms, laying out scent trails, baiting, etc.).

[COLOR=#000000]Since you are not actively participating in the hunt, hunter orange would not be legally required. That being said, we strongly encourage you to wear it for your own personal safety.

[COLOR=#000000]We hope you have found this information helpful. If you require further assistance, please contact the Natural Resources Information Centre at 1-800-667-1940[COLOR=#000000].

[COLOR=#000000]Regards,

[COLOR=#000000]NRIC web reader - CG
[COLOR=#000000]************************************
[COLOR=#000000]Ministry of Natural Resources and Forestry
[COLOR=#000000]Natural Resources Information Centre
[COLOR=#000000]300 Water Street, P.O. Box 7000
[COLOR=#000000]Peterborough, ON K9J 3C7
1-800-667-1940
[COLOR=#000000]TTY: 1-866-686-6072
[email protected]"

Thank you for all the replies! Greatly appreciated.

I think both examples are totally legal. Like others said it all depends on the C.O. I bring my kids with me when I can, how else can they be exposed to a hunt. They are not touching any firearms or bows or calls. Do I let them try and scratch a turkey call before the season opens in a non hunting situation, of course I do. Do I keep calling them in and chase birds around the forest with a gun in my hands with them definitely NOT. I think people look in to these rules a bit too much and I understand why but if the person is not participating in a hunt what so ever don’t worry about it. Don’t let them touch anything while your hunting or push deer for an example and put a camera in there hands and enjoy the show. Like others said you can ask the MNR. Enjoy your time out.

Both are completely, 100% legal.

Interpretation is similar to opinion- Everyone has one. Read the regulations which really are all that counts

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Originally Posted by Goosechsr

Interpretation is similar to opinion- Everyone has one. Read the regulations which really are all that counts

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To help if one is "hang up" on this term : interpreted.

Interpretation of the situation by the authorities on site is the issue ,not how one or another hunter sees it.

If one wants to do it,by all means -go for it.
Just keep in mind,your buddy accompanying you will be in trouble ,not you-and your buddy(not being licensed)will be likely relying on your "expert "opinion beforehand.
If the authorities will have different "opinion"about the situation-they will interpret it differently then presented, and will let your buddy sort the case out in courts.
Why taking chances?



For the -how to hook a kid on hunting.....there is likely a day and night difference in "interpretation" when showing up with a 10-14 years old (especially if the kid is related-neighbor etc) , then with a full grown adult.

Just my opinion.

Good luck to anyone out there.

To think someone would get charged for sitting and observing a hunt while not being an active participant in it, is absurd.

in most places it’s totally fine for a friend to just tag along and watch the turkey hunt or help set up trail cams, as long as they don’t touch the gun or make any calls. Every state/region has its own rules, though, so it’s a good idea to double‑check your local wildlife agency’s website.

I take my kids out without being licensed, this year will be there first "moose hunt", but they are only 8 and 9. When they hit the age of 12 they'll both get the courses done to keep coming out with me.

A Hunter Education course is a single day now and only $60 if done online. There is no real reason not to get the course done before heading out if you are of legal hunting age. Cheaper than the price of gas and lunch.

That’s awesome you’re bringing the kids along, they’re gonna remember that stuff for life. And yeah, no reason not to knock out the course once you’re old enough

Both legal .

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Originally Posted by Bigburndogg

That’s awesome you’re bringing the kids along, they’re gonna remember that stuff for life. And yeah, no reason not to knock out the course once you’re old enough

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I started going with my Dad and Grandpa when I was 6 to the duck blinds we built. My fondest memories are sitting in the canoe at first light watching the ducks come into the decoys. That was 70 years ago,but,to me,it's like it was yesterday.