helicopter for transportation
I know of a rich fellow with his own helicopter that commutes between his
principle home in the Okanagan and one of his farms in the Vanderhoof area.
Occasionally during goose season he will hunt on his farm and then transport
his birds back home. Is this technically legal? His argument is that he isn't
using the helicopter for hunting, only for commuting from one home to another.
There are good roads to his farm but the helicopter saves him hours and he uses
it for farm related business as well.
Re: helicopter for transportation
Page 15: Article 29: (It's unlawful)
"To hunt wildlife within 6 hours of being airborne in an aircraft other than a regularly scheduled commercial aircraft"
As long as he is not using the aircraft for hunting and he waits six hours before hunting, he is fine.
Edit: However, as Bearvalley pointed out:
"Article 26, 27
26. To hunt or transport hunters or wildlife bya helicopter.
27. To use a helicopter, including a drone, whileon a hunting expedition."
Re: helicopter for transportation
It's illegal to use a helicopter for the purpose of transporting hunters or game.
Re: helicopter for transportation
Quote:
Originally Posted by
bearvalley
It's illegal to use a helicopter for the purpose of transporting hunters or game.
That's my interpretation of the regulations as well.
Some rich dudes think they're above the rules sometimes. and I guess with the ability
to hire expensive lawyers, they often get away with it. In his case, as I don't know him
personally and am going by word of mouth, he would have to actually be caught with
game birds in his craft. Technically no one can even take them on commercial helicopters
running on established city to city flight routes if the regs are as I read them.
Re: helicopter for transportation
I thought I heard that there was a court case not that long ago where a rich American hunter got his animal early and wanted to go home early. The outfitter could not fly him out right away and then drive him to Fort Nelson to catch a flight. From what I remember the American got a chopper to come get at the lodge and take him to the airport. The guy was charged with using a chopper as transportation. I heard he got off as they argued the hunt was over when he got back to the lodge and the transportation was just that from lodge to airport.
That's what I remember of the case maybe someone can chime in that knows more details or correct my memory.
In this case and the one from the original post I guess its a bit of grey area. In the case that I used, when does the hunt start and end. I cant see a judge saying the hunt continues til the outfitter drops you off at the airport. Would be easy if the helicopter drops you off on a mountain top and picks you up there. And that was the intent of the law.
In the original post of the guy flying up in a helicopter to a place of residence I think is a grey area. No different then the rule that you cant hunt one hour before dark. Does that mean you cant drive in the dark from your house to the hunting area until an hour before. The intent of the law is there and some decide to bend the rules as well as some CO's try to crack down on what they think the rule should be even though it was never the original intent of the law.
For the original post, my opinion is if the guy flys up to a place of residence on Friday, hunts Saturday sunday and flys home after the hunt I would be fine with that. If he flew from there to a remote marsh, shot his limit of birds and then flew home to is place, I would say that is using the helicopter for hunting.
That's just the way I would interpret the rules.
BHB
Re: helicopter for transportation
Sorry, Lew, I missed the part where he was bringing the wildlife to his other house...
Quote:
Originally Posted by
Big Lew
That's my interpretation of the regulations as well.
Some rich dudes think they're above the rules sometimes. and I guess with the ability
to hire expensive lawyers, they often get away with it. In his case, as I don't know him
personally and am going by word of mouth, he would have to actually be caught with
game birds in his craft. Technically no one can even take them on commercial helicopters
running on established city to city flight routes if the regs are as I read them.
And therein lies the rub. Even if he was caught with them on the craft, he is not likely transporting fresh killed birds which would delve into a gray area. Laws are generally written with certain ideas in mind; when someone deviates from the norm, while they may be "breaking the law" as written, they may not be breaking the law as intended.
The way the regulations are written, it sounds like what they are trying to prevent is some guy taking a helicopter to the top of a mountain, shooting an animal and transporting it off the mountain. If you are using the helicopter as your "commuter" vehicle to go between properties, then, I believe that is a gray area.
If we run the scenario out, buddy goes up to Vanderhoof for a few days to "check on his property" and happens to hunts some birds. He cleans them, preps them, freezes them up there then gets in his helicopter and flies back to his other house to consume them. As much as us plebs may disagree with how he does it, I doubt that the individual would be charged, let alone convicted. The law, as written, is likely to prevent the former, not the later scenario. He has a great alibi as well being that he is going to another property he owns. The "spirit of the law" is what his defense lawyer would likely use as a defense and I believe he could make a convincing case. The defense would likely use a scenario such as a the individual using a normal, fixed wing aircraft and argue that the law is written to prevent people from going up the mountain in the helicopter, not from transporting their legally hunted game animals from one property to the other.
Re: helicopter for transportation
who cares if the guy is rich? dont we all wish we were? Id have a chopper to fly to my farm if I could! All he is doing is bringing food home with him, big whoop
Re: helicopter for transportation
Rules look pretty clear on this
Re: helicopter for transportation
Is he transporting wildlife? Or is he transporting meat from one residence to another?
If you go heli skiing for the day, and take some deer jerky as a snack, are you breaking the law?
Re: helicopter for transportation
That is a fair question Gates. I doubt he lands the helicopter in the field. He most likely leaves it at the airport (though guess he could have a helipad somewhere on his property) He would then get into his truck and drive from the airport (or the house) to the field. When does we legally become hunters, or does the hunting expedition start?
If he Flies up Friday, goes to his house and sleeps. Then wakes up Saturday, jumps in his truck and drives to the field would the truck not have been used to transport the hunter? Again, unless the helicopter lands in the field following he used a ground based vehicle to exit the hunt. It does not matter how one gets from one area of the province to another to hunt. Only what vehicle is used to actively hunt with. It is a grey area, but I am sure if he can afford to fly a helicopter around, he can afford a good lawyer to make it black and white.