Clarification on the Regulations - Ask a CO

[Young Buck]

If one doesn't cheek the regs and comes hear to ask a regulation regarding there question , what makes you think this option well be used more ? Or is the comment ''go see sticky thread above ask a co '' now going to be common pratice? I think so .

[TurkeyRookie]

If one doesn't cheek the regs and comes hear to ask a regulation regarding there question , what makes you think this option well be used more ? Or is the comment ''go see sticky thread above ask a co '' now going to be common pratice? I think so .

I think it be a resourceful tool for the debates that come up where the law isn't so black and white, and has some room for interperation, good link to have handy to get the facts.

[BurlyGirl]

I think it be a resourceful tool for the debates that come up where the law isn't so black and white, and has some room for interperation, good link to have handy to get the facts.

Which was why I thought it'd be a good sticky. I agree

[doctork]

I used it for a few items, one was for clarification on Coyote hunting with a rifle during an open big game season. What I learned was that in a WMU that has an open Bear season (like WMU73) you can not hunt Coyotes (actually all small game) with any rifle that has more then 400ft/lbs of energy or a shot gun loaded with any lead shot larger then #2 lead (there are more restrictions with the shot gun) during that open season unless you have a valid tag for bear (or a valid tag for the open gun season of any big game). The bear season is from Sept to End of Nov there so unless you have a bear tag basically you can't use a centre fire rifle during that open season for coyote (small game).

[zoli 16ga.]

Turkeyrookie said -

'...so even while using a 4 wheeler to look for game, technically, you aren't hunting...' Technically, that's not true.


HUNTING:
Includes 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. You need a hunting licence to do any of these things, except where the Fish and Wildlife Conservation Act, 1997, states otherwise.

So don't ever admit that you are looking for grouse or game tracks using your ATV, as you will be considered to have been hunting from a vehicle, orange, or no orange.


Hello Jason,

Thank you for your enquiry.

Taking into account that you may not legally hunt from a motorized
vehicle, you would not require a hunter orange helmet while riding your
ATV during an open gun season for moose, deer or bear. However, once you
step off the ATV you would have to replace your helmet with an orange
head covering (toque or hat) as you would then be considered to be
hunting.

From a safety standpoint, an orange helmet is something you could look
into, but it's not necessary.

We hope you have found this information helpful.


Regards,

NRIC web reader - RB

[welsh]

I trust you asked that question of a CO before posting your legal opinion on this thread, right?

[zoli 16ga.]

Hey Welsh, are you asking me?

[rick_iles]

This is a great resource. However, it will all boil down to how the CO you are dealing with, interprets the regulations. I know of a guy who was charged with no hunter orange while riding in his truck. I also know of a member of our group who was charged in a check station because he had cut, wrapped and frozen moose in a cooler...without it being labelled with contents, name etc..He had all the tags info, names of hunters, phone numbers etc. etc... To fight the ticket was not realistic due to the travel expenses etc....

[welsh]

Hey Welsh, are you asking me?

Yup.

If the kids are looking for deer out the window of the minivan as it zips down 401, are they hunting from a vehicle? Are birdwatchers, looking for birds, hunting?

If I am driving to my hunting spot and see an animal by chance, and decide to stop and hunt that animal, am I considered to be pursuing the animal from the moment I apply the brakes, and therefore hunting from a vehicle?

I'd be careful about applying literal interpretations of "searching for wildlife" here. Exactly when looking for wildlife tips over into hunting is a question for "ask the CO."

[zoli 16ga.]

Friendly conversation. Please read with a happy face, as I'm typing with one : )


If the primary intent of driving the mini van is to go from point A to B (or to your hunt camp), then deer sighting(s) would be a consequence of that trip (if I explained that right).


Not to harp on it to (too?) much, but Turkey's admitted argument was about ridding an atv looking for game, then stating he's not hunting (to paraphrase), is almost an oxymoron (maybe the wrong term). I would never admit to driving the trails, looking for grouse, or searching for moose, with a gun strapped to my back, or in a case for that matter. 'I am travelling from this area to that area sir' or on my way back to camp.


Your right, what is the ministry definition of searching?


I personally know of two hunters who were charged and avoided possible conviction (pled out to $3000 fine, and got their guns back) who were in a pickup truck searching for moose, seen a moose down a cross road, backed up, pointed the truck towards the moose, were still in the truck getting a better look, and had COs tap on their window, then take them down. The moose was a mechanical decoy.


Just say'n.


Just safer to say I'm out on a pleasure drive, rather than looking for grouse while driving my ATV, just to remove any possible doubt. Like you correctly state, you just never know which CO interpretation you may get. Of course a judge would have the last say, and interpret the intent of your actions.


Old question - My wife is walking beside me in the woods. She has no gun or hunting licence. I am hunting grouse, or moose. I have her wear orange, so some trigger happy deer hunter does not shoot her. Is she hunting?


From what I understand, a CO way up north would say no, unless he seen her point out birds for me. A CO in a simcoe county forest would ask for her paperwork.


: )