Permission for Deer Retrieval

[redd foxx]

36. (1) A hunter or trapper who kills game wildlife other than a furbearing mammal shall not abandon it if its flesh may become unsuitable for human consumption. 2009, c. 33, Sched. 22, s. 2 (18).
Spoiled flesh
(2) A person who possesses game wildlife that is not a furbearing mammal and that was hunted or trapped shall not permit its flesh to become unsuitable for human consumption. 2009, c. 33, Sched. 22, s. 2 (18).
Abandonment or spoilage of pelts
(3) A hunter or trapper who kills a furbearing mammal shall not abandon the pelt or permit the pelt to be spoiled or destroyed. 1997, c. 41, s. 36 (3).
Exceptions
(4) Subsection (3) does not apply in the circumstances prescribed by the regulations. 1997, c. 41, s. 36 (4).
Abandonment or spoilage of fish
(5) A person who takes a fish whose flesh is suitable for human consumption shall not,
(a) abandon the fish if its flesh may become unsuitable for human consumption; or
(b) permit the flesh to become unsuitable for human consumption. 1997, c. 41, s. 36 (5).
Exceptions
(6) Subsection (5) does not apply in the circumstances prescribed by the regulations. 1997, c. 41, s. 36 (6).

Above is the section from the FWCA that appears to deal with this issue of abandoning game. The hunter who kills it shall not abandon it. The person who possesses it the same. So if we can't trespass to retrieve without permission (and I agree that is the case) I would hope that as long as we have done what is reasonable to retrieve the game (contact the landowner for permission to get the animal, contact a C.O. if permission is denied) then we have done what we needed to avoid breaking the law. The landowner I think is not technically in possession so can't be charged with abandoning (in my interpretation) so it is an unfortunate issue at the end of the day. Hopefully the landowner will retrieve the game or get a friend who will.

The way I read it anyway.

[trimmer21]

Above is the section from the FWCA that appears to deal with this issue of abandoning game. The hunter who kills it shall not abandon it. The person who possesses it the same. So if we can't trespass to retrieve without permission (and I agree that is the case) I would hope that as long as we have done what is reasonable to retrieve the game (contact the landowner for permission to get the animal, contact a C.O. if permission is denied) then we have done what we needed to avoid breaking the law. The landowner I think is not technically in possession so can't be charged with abandoning (in my interpretation) so it is an unfortunate issue at the end of the day. Hopefully the landowner will retrieve the game or get a friend who will.

The way I read it anyway.

Exactly. Section 36(2) states,specifically "and that has hunted or trapped shall not permit....". The landowner has done neither,therefore can't be charged with anything. In deerslayer99's case,someone may have simply BS'd their way through it with idle threats relying on a landowner's inability to quickly figure out when they're getting "snowed."

[Gilroy]

Your quite wrong......if a property owner denies you permission to retrieve your game from his land.....it is now the owners responsibility to make every effort to retrieve and process the game before it spoils or YES they can and will be charged.....this I know first hand from an incident involving myself 1 year ago....

I,am with Trimmer and the rest of the gang on this one.

To prove any possession you need care,knowledge and control, none of which a landowner has in respect to another hunters un retrieved deer.

Suppose the landowner is to elderly or even infirm to go collect a deer,does this make him subject to the whim of the hunter.

If you want to take it to a crazy example lets say you clocked a deer with your truck,it hops farmer Browns fence and drops 100 yards into his corn field .Does the farmer or MNR need to do anything to help you retrieve this road kill.

I would be very interested in your incident from last year and how it played out.

[Angus]

Your quite wrong......if a property owner denies you permission to retrieve your game from his land.....it is now the owners responsibility to make every effort to retrieve and process the game before it spoils or YES they can and will be charged.....this I know first hand from an incident involving myself 1 year ago....

Ever heard the term " Bullshlt baffles brains "? It is a commonly used tool in certain vocations.

[Big Gunner]

[QUOTE=Bushmoose;852715]

Well Bushmoose

I have been hunting for 20 years now and I guess I'm one of those fools. My first reaction would be to finish that deer off, what kind of human would wast time letting an animal suffer while I deal with all the red tape and BS, Well I've been hunting for over 40 yrs and can tell you that common sense would dictate that you, as hunter, should have gotten the permission before your hunt. And then lo n behold, there would be no red tape and BS. To do otherwise is foolish.

Ok I have a few properties I hunt where the connecting property is owned by a person who lives in another city and one in another province for a matter of fact, and I have tried to find out who it is so that I can ask for permission to hunt the property but have not been successful what do you do in that situation, watch it cross the property line pack up and go home? leave it for dead and to rote? I guess YOU would have to right? You being the NOBEL, EXPERIENCED, LAW ABIDING Hunter you are, you would have no chose but to right? Now that is childish and foolish. And I am sure if you called any CO Officer and explained the situation he would be more then happy to let you do what you would have to do.

There are 2 sets of laws in this world Mans laws and Gods laws and Mans laws can be broken Gods can not. I would get the job done, tagged, harvest the deer and bring it back to my property and get it field dressed and in my freezer. That would be the ethical thing to do and i would like to see a co officer or judge hit you with fines for the doing the moral and ethical right doing. Come on people have we lost all our common scene here. Well carry on then? I sure will

I hate to admit it but I kind of agree with our american friend here, what kind of !*&$ would deny you permission and if he did I would be more concerned with the charges from the police after I was done tearing a strip off this person. It's easy to talk big here on the computer but the fact of the matter is you sound a bit childish in your comments.. You speak of ethics, but then you want to straighten out the C.O., the judge and the landowner. If you had the ethical forethought and consideration to get permission prior to the hunt, you would'nt be paying the huge fine that you will be paying one day if you keep that attitude. And oh, don't forget about the part where the police or the CO puts the cuffs on you for being belligerent on scene? They will do that you know.



No its not easy to talk big on the computer because unfortunately it lacks the true emotion i'm feeling as if I was able to say this face to face, plus it doesn't allow me to use my chose of words I really want to use so no it is not easy.

I never one said I would straighten out a C.O. officer or judge that would be stupid, I said "I would find it hard for a C.O. officer or judge to fine someone in that situation" Please don not put words in my mouth in order to make yourself look righteous that is "CHILDISH"
Look, do all people think of these CO officers as evil fine wielding demons, Yes they have a job to do and a hard one at that, probably have to read through alot of BS to see what is true or not but at the end of the day they are human, the same with police, opp and judges. so back to my statement I really dont think if you lawfully shoot a deer and it went on another property that you may not have permission to hunt on or dont know the owner I highly doubt they would give you a fine. Nore would a opp, police or judge, this is one of those stupid man laws that you can break



There is a difference between ETHICAL AND LAWFUL

Now as for my landowner comment about tearing a strip off them, I stick to that and I can be really good at that, then I would turn around and walk right in and get it,

not to mention the lack of funds and resources the mnrf has now a days, they really want to come and deal with this situation.







so to answer yes I would ask first but if I didn't ask or they refused I would still go anyways see above, no you see above

thank you

[gooseman]

I find it real hard to believe that an OPP officer wanted you to tag a road kill as I would believe that in itself is wrong due to the fact your tag is only for legally taken game not road kill. Any road kill I pick up I always get the reporting officers business card and keep it with the deer. The last one hit in front of my house the officer had never seen one gutted so asked if he could watch. Sure was nice having someone hold the light
i would love for someone like yourself to tear a strip off me on my land cause you wouldn't get permission after that to hunt a deer close enough to here that would run onto mine or for that matter any land within a good couple of miles of here.
but back to the original topic, do yourself and all other hunters a real great dead and get permission and don't just trespass as it leaves a real bad taste in land owners mouths

[Gilroy]

Big Gunner,

There is no gray area and ethical or lawful.

If you take care and do your homework there is no dilemma.A road killed animal MUST BE REPORTED IMMEDIATELY.If you intend to keep it this is required.What is then also required is a PERMIT TO POSSESS the said deer.There is not one LEO or CO working the road in a rural area that does not know this very basic requirement.Its in the hunting regulations year after year.

The same permit would be required if you accidently killed a snowy owl and might want to keep it.

If landowners have no rights to refuse entry what makes their land any different from Crown land.What exactly are we paying property taxes for.

A lot of the BS that is written on these forums are from hunters who WANT IT THEIR WAY and feel the need to muddy the waters with stories of what they want to justify.When a Justice of the Peace drops the hammer on some of these guys the grey goes out the window along with the muddy waters.

[brent]

Your quite wrong......if a property owner denies you permission to retrieve your game from his land.....it is now the owners responsibility to make every effort to retrieve and process the game before it spoils or YES they can and will be charged.....this I know first hand from an incident involving myself 1 year ago....

You are wrong....please provide some proof of what you are talking about...Please tell us your incident.

You mean to tell me the 75 year old farmer widow who won't let someone on her property for a wounded deer has to go and retrieve and process it??? Yeahhh ok.

[brent]

I find it real hard to believe that an OPP officer wanted you to tag a road kill as I would believe that in itself is wrong due to the fact your tag is only for legally taken game not road kill. Any road kill I pick up I always get the reporting officers business card and keep it with the deer. The last one hit in front of my house the officer had never seen one gutted so asked if he could watch. Sure was nice having someone hold the light
i would love for someone like yourself to tear a strip off me on my land cause you wouldn't get permission after that to hunt a deer close enough to here that would run onto mine or for that matter any land within a good couple of miles of here.
but back to the original topic, do yourself and all other hunters a real great dead and get permission and don't just trespass as it leaves a real bad taste in land owners mouths

Gooseman is right....it would be illegal to tag a road kill....or a deer that someone else shot UNLESS you were party hunting. But a permit to possess it is required.

[brent]

Big Gunner,

There is no gray area and ethical or lawful.

If you take care and do your homework there is no dilemma.A road killed animal MUST BE REPORTED IMMEDIATELY.If you intend to keep it this is required.What is then also required is a PERMIT TO POSSESS the said deer.There is not one LEO or CO working the road in a rural area that does not know this very basic requirement.Its in the hunting regulations year after year.

The same permit would be required if you accidently killed a snowy owl and might want to keep it.

If landowners have no rights to refuse entry what makes their land any different from Crown land.What exactly are we paying property taxes for.

A lot of the BS that is written on these forums are from hunters who WANT IT THEIR WAY and feel the need to muddy the waters with stories of what they want to justify.When a Justice of the Peace drops the hammer on some of these guys the grey goes out the window along with the muddy waters.

Well said....especially the last paragraph.