I suppose night bugling could be classified as attracting
I suppose night bugling could be classified as attracting
"If you ever go into the bush, there are grizzly bears lurking behind just about every bush, waiting to pounce, so you need a powerful gun, with huge bullets" - Gatehouse ~ 2004
My personal opinion is that "hiking in" to a spot or tree stand would not fall under "attracting, searching for, chasing, pursuing, following after or on the trail of, stalking, or lying in wait"
Even sitting in a tree stand, you would be in wait of light and not wildlife in my opinion. If a CO were to think it was a violation they can give a ticket/charge and then a judge can decide. That said, I suspect it is universally agreed up by CO's that walking into a spot or getting up into a tree stand before first light is not a violation as it is so common.
The only way to clarify to be 100% safe on anything is to inquire with the ministry and get a written response.
Where is the difference in bugling in the dark and sitting in a tree stand before hunting light. If bugling in the dark is illegal then so should sitting in a tree stand. Both are considered hunting so how is one allowed but not the other.
I think with bugling there is 100% certainty you are looking for or trying to attract animals
Climbing up in a tree stand before first light, you are necessarily looking for or waiting for anything other than for it to get light out.
It is frustrating that we have to speculate and interpret laws as they are laid out to the best of our abilities. CO's are stuck doing the same.
That said, laws can only be so specific. I can understand why some have to be a little vague or broad in nature. It's one of the reasons we have judges. It's not just about judging guilt or innocence... sometimes they are the ones stuck figuring out what the law means, consider the "spirit of the law" in order to decide whether or not the law was broken. Intent is going to be the big factor. Bugling at night you can definitely say someone was looking for or trying to attract animals... but you just can't say that about a guy in a tree stand waiting for it to be legal light without some other proof of intent... now if he was calling or spraying around buck bomb while sitting there, that could be a different story.
Anyway, it is a responsibility of the ministry to clarify the laws they have on the books for those who want to make sure they are in compliance. If there is ever uncertainty about a law and one wants to make sure they are not violating the law, emailing the ministry is the correct contact and the solution for that.
For example, I have a letter from the ministry that clarifies you can use to trap crayfish in lakes that have bait bans or artificial fly only. If I am crayfishing in a lake with a bait ban using bait, I keep a print out of that letter handy as it will help me out and it will help the CO out right there on the spot.
Last edited by caddisguy; 09-18-2020 at 05:07 PM.