Waterfowling in a boat question.

[steelshed]

I agree that the email doesn't really say you can hunt from a power boat other then when the motor is off and the boat has ceased is forward motion... It would be a poor defense...
You have been told by a federal game officer that he would charge people for doing it... If the conviction went through then suffer the consequences.

But i agree, it has gone from common practice, to "I would fight it", to "you should be asking somebody of authority".

How much more do you want, that email is just some cut and paste of the regs, you have been told straight up by a Federal wildlife officer (the branch that write and enforce the federal regs!) that it is not allowed and is a chargeable offense.

[krakadawn]

You have been told straight up from the Enforcement Supervisor and the man in charge of Enforcement of the Act....how much more do you want...this goes well beyond a CO

PS...Call either of the individuals that I have provided. Both are well beyond a CO as per duties. Then come back on and share your answer. You have been provided the opportunity to prove your point.....go for it!

Just to review: Read the 'Exception"

[COLOR=#1f497d]The general rule under the Migratory Birds Regulations (MBRs) regardin
[COLOR=#1f497d]s. 15(1) Subject to subsections (4) and (5) and section 23.1, no person shall hunt a migratory bird
[COLOR=#1f497d](e) from any aircraft, sailboat, power boat, or motorized vehicle, or any vehicle to which a draught animal is attached.
[COLOR=#1f497d]
[COLOR=#1f497d]The MBRs offer an exception to the general rule for a power boat found at ...
[COLOR=#1f497d]s. 2(3) A reference in these Regulations to the use of a power boat does not include the use of a power boat when the motor is not in operation and forward progress has ceased.
[COLOR=#1f497d]
[COLOR=#1f497d]As you're likely aware, s. 2(3) allows for migratory bird hunters to operate as they commonly do, hunting from power boats with blinds attached, so long as the motor is not in operation and forward progress has ceased.
[COLOR=#1f497d]
[COLOR=#1f497d]Further, s. 16(2) MBRs provides a notwithstanding clause to s. 15(1)(e) that allows for the use of a power boat when retrieving a migratory bird. In practice, this supports the requirement placed on a hunter under s. 16(1.1)(a).
[COLOR=#1f497d]
[COLOR=#1f497d]s. 16. (1.1) A person who kills, cripples or injures a migratory bird shall
[COLOR=#1f497d](a) immediately make every reasonable effort to retrieve the bird;
[COLOR=#1f497d]
[COLOR=#1f497d]s. 16. (2) Notwithstanding paragraph 15(1)(e), a power boat may be used for the purpose of retrieving a migratory bird.
[COLOR=#1f497d]
[COLOR=#1f497d]In summary, the MBRs don’t contain a section that prohibits the possession of a loaded firearm in a power boat. They do however prohibit the person from hunting a migratory bird from a power boat (as described in s. 15(1)(e) ), except where otherwise provided in the MBRs. In Ontario under the FWCA, there is a prohibition from having a loaded firearm in or on, or discharging a firearm from a conveyance. The FWCA appropriately makes reference to an exception to this offence if the person is hunting migratory birds from a motorboat in accordance with the MBRs. The specific section reads ...
[COLOR=#1f497d]
[COLOR=#1f497d]FWCA s. 17.(1) A person who is in an area usually inhabited by wildlife or who is on the way to or from an area usually inhabited by wildlife shall not,
[COLOR=#1f497d](a) have a loaded firearm in or on a conveyance or discharge a firearm from a conveyance, except if,
[COLOR=#1f497d](ii) the conveyance is a motorboat and the person is hunting migratory birds in accordance with the regulations under the Migratory Birds Convention Act,1994 (Canada);
[COLOR=#1f497d]
[COLOR=#1f497d]I would add, any person attempting [COLOR=#1f497d]to retrieve a migratory bird they have crippled or injured as per s. 16 MBRs, [COLOR=#1f497d]should do so in a manner that best ensures the safety of themselves and others; and once the crippled bird has been retrieved or the hunter’s attempt to retrieve the bird has ended, their firearm if loaded, should be immediately unloaded.
[COLOR=#1f497d]
[COLOR=#1f497d]Thanks,
[COLOR=#1f497d]
[COLOR=#1f497d]
[COLOR=black]Gerry Brunet
[COLOR=black]
[COLOR=black]Environment and Climate Change Canada / Government of Canada Operations Manager, Wildlife Enforcement Directorate, Enforcement Branch, Ontario Region, South Central District
[COLOR=black]867 Lakeshore Road, Burlington, Ontario L7S 1A1 [email protected] / Tel: (905) 319-6974 / Fax: (905) 319-697



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[redd foxx]

It still doesn't make sense to me that under the MBCA it is illegal to hunt from a power boat. I agree this is quite clear. Then there is a section that says a power boat may be used to retrieve crippled birds. If this didn't indicate that one could have a loaded firearm in the boat and discharge it for the purposes of retrieving cripples, then why is it even there as the first section prohibits the loaded firearm activity without needing the other section. I've talked with many MNRF law enforcement officers that differ and don't agree on the interpretation of the law. I think that may be possible with this federal guy as well in my opinion.

[trimmer21]

Why not just power over to where the cripple is,kill and lift the motor,then,get the paddles. As long as the motor is out of the water,you can float around with a loaded gun all day if you want. Besides,it's a lot quieter and ducks aren't prone to diving if you take your time.

[rick_iles]

Why not just power over to where the cripple is,kill and lift the motor,then,get the paddles. As long as the motor is out of the water,you can float around with a loaded gun all day if you want. Besides,it's a lot quieter and ducks aren't prone to diving if you take your time.

Well Trimmer, the law definitely allows shooting from a boat while retrieving ducks. Your question indicates you have never retrieved wingtipped cans or redheads in open water with about a two foot chop !!!

[Sprite]

[COLOR=#333333]Why not just power over to where the cripple is,kill and lift the motor,then,get the paddles. Besides,it's a lot quieter and ducks aren't prone to diving if you take your time.

I don't know about you guys, but my 21' aluminum doesn't paddle very well. As well, divers are called 'divers' for a reason. They dive, whether you're having a cup of tea while trying to paddle over to them or not.

-N.

[Sinker]

There are so many scenarios where you have no choice but to shoot from the boat to retrieve a cripple, but here is one:

I'm layout boat hunting a mile off shore in Lake Ontario. The man in the box wings a bluebill that sails 300yds downwind. I fire up the tender boat and give chase. I get almost in range of it when it dives.....

Now what??

S.

[3Wheelerdude]

Well here it is guys. We can finally close this thread.

MNR redirected my email to Enviro Canada and here is their answer.

-------------------------------------------------------------------------------------------------
[COLOR=#000000]Dear Joel,
[COLOR=#000000]
[COLOR=#000000]Thank you for contacting Environment and Climate Change Canada's Public Inquiries Centre.
[COLOR=#000000]
[COLOR=#000000]In regards to your email, our program staff have advised that hunting from a moving boat is not permitted, not even shooting an injured bird, while the boat is in motion. Here is an extract from our FAQs for Hunters page (https://www.ec.gc.ca/rcom-mbhr/defau...566470E-1#_006):
[COLOR=#000000]
[COLOR=#000000]Question: What are the regulations around retrieving migratory game birds and subsequent use of harvested birds?
[COLOR=#000000]Answer: The regulations require hunters to have an adequate means of retrieving birds and immediately make every reasonable effort to retrieve a migratory game bird that has been killed or injured, and if it is still alive that they kill it immediately. A power boat may be used to retrieve a crippled, injured or dead migratory game bird. However, you may not shoot at a migratory bird while the boat is in motion.
[COLOR=#000000]
[COLOR=#000000]
[COLOR=#000000]Best regards,
[COLOR=#000000]
[COLOR=#000000]Jeronim Bosna
[COLOR=#000000]Public Inquiries Centre
[COLOR=#000000]Communications Branch
[COLOR=#000000]Environment and Climate Change Canada
[COLOR=#000000]4905 Dufferin Street
[COLOR=#000000]Toronto, Ontario M3H 5T4
[COLOR=#000000][email protected]
[COLOR=#000000]Telephone: 416-739-4826
[COLOR=#000000]Facsimile: 416-739-4776
[COLOR=#000000]Government of Canada
[COLOR=#000000]Website: www.ec.gc.ca
[COLOR=#000000]
[COLOR=#000000]Jeronim Bosna
[COLOR=#000000]Centre de renseignements à la population
[COLOR=#000000]Direction générale des communications
[COLOR=#000000]Environnement et Changement climatique Canada
[COLOR=#000000]4905, rue Dufferin
[COLOR=#000000]Toronto (Ontario) M3H 5T4
[COLOR=#000000][email protected]
[COLOR=#000000]Téléphone : 416-739-4826
[COLOR=#000000]Télécopieur : 416-739-4776
[COLOR=#000000]Gouvernement du Canada
Site Web: www.ec.gc.ca


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[COLOR=#000000] Please take notes : "hunting from a moving boat is not permitted, not even shooting an injured bird, while the boat is in motion."

Some CO's might let you do it, but its against the law.

[Bluebulldog]

Please take notes : "hunting from a moving boat is not permitted, not even shooting an injured bird, while the boat is in motion."

Some CO's might let you do it, but its against the law.

Which is what many of us have been saying the whole 10 pages of this thread....

Well done 3WD

[trimmer21]

Well Trimmer, the law definitely allows shooting from a boat while retrieving ducks. Your question indicates you have never retrieved wingtipped cans or redheads in open water with about a two foot chop !!!

Two foot chop? Oh,yeah. That would tricky,to say the least.

I don't know about you guys, but my 21' aluminum doesn't paddle very well. As well, divers are called 'divers' for a reason. They dive, whether you're having a cup of tea while trying to paddle over to them or not.

-N.

I didn't consider retrieving with such a large watercraft. That,to me,would would be almost impossible. A small canoe towed behind your duck boat can save a pile of hassle. I've seen others use them and they work quite well. Just a suggestion......