Spear hunting questions

[16ga]

Read the WILDLIFE ACT and tell us what it says.

You of course are right, but a word of caution. Those of us that have to work under different Acts and Regulations have found that just because they don't say you can do it doesn't necessarily mean you can. You might be able to, but if I was inclined to go spear hunting I would specifically ask a CO if it is legal, ignorance of the law is not a defence, and although you are probably right, to be safe, I would ask an officer not an internet forum. Just my two cents, take it for what it is worth.

[Gateholio]

For those that don't want to do any research themselves, I've copied the rather extensive lists of weapons offenses form the Wildlife Act. You would not be able to legally hunt bison with a spear in BC.




Offence — weapons

17 (1) A person commits an offence where he hunts
(a) with a rifle using
(i) a full metal jacketed non-expanding bullet, or
(ii) a tracer, incendiary, or explosive bullet,
(b) big game, other than lynx, bobcat or wolverine, with a rifle using a rimfire cartridge,
(c) with a shotgun using a tracer or incendiary shot shell,
(d) mountain sheep, mountain goat, elk, moose, caribou, bison or grizzly bear with a shotgun,
(e) deer, black bear, cougar, coyote, lynx, bobcat, wolverine or wolf with a shotgun
(i) less than 20 gauge, or
(ii) using a shot shell loaded with shot smaller than the shot size 1 Buck,
(f) game birds, other than turkey, grouse and ptarmigan, with a rifle,
(g) small game, game birds, lynx, bobcat, wolverine, mule (black-tailed) deer, white-tailed deer or fallow deer with a crossbow (except a compound crossbow) having a pull of less than 55 kg,
(h) big game, other than deer, lynx, bobcat or wolverine with a crossbow (except a compound crossbow)
(i) having a pull of less than 68 kg, or
(ii) having a bolt with a broadhead less than 2.22 cm at the widest point,
(i) with a compound crossbow having a pull of less than 45 kg at full draw,
(j) with a crossbow having a bolt weighing less than 16.2 g,
(k) with a bow having a pull of less than 18 kg within the archer's draw length,
(l) big game with a bow using an arrow with a broadhead less than 2.2 cm at the widest point,
(m) bear
(i) by placing bait, or
(ii) by using a dead animal or part of it as bait,
(n) migratory game birds by using a power boat, unless the boat is beached, resting at anchor or fastened within or tied immediately alongside of a fixed hunting blind,
(o) migratory game birds using
(i) a rifle or shotgun loaded with a single projectile,
(ii) any weapon other than a bow and arrow or a shotgun not larger than number 10 gauge, or
(iii) more than one shotgun unless each shotgun in excess of one is disassembled or unloaded and encased,
(p) waterfowl, coot or snipe while using shot other than non-toxic shot,
(q) turkey with a rifle using a centrefire cartridge,
(r) bison with a weapon other than
(i) a centrefire rifle and ammunition other than ammunition constructed with a 175 grain or larger bullet which retains 2 712 joules (2 000 foot pounds) or more energy at 100 metres, or
(ii) a bow having a pull greater than 22.6 kg within the archer's draw length, an arrow greater than 26 grams in weight and a broadhead greater than 8.1 grams in weight and 2.2 cm in width at its widest point, or
(s) with a firearm that is designed, altered or intended to be aimed and fired by the action of one hand or that has a barrel less than 305 mm in length.
(2) A person who possesses shot, other than non-toxic shot, for the purpose of hunting waterfowl, coot or snipe, commits an offence.
[am. B.C. Regs. 205/85, s. 3; 184/90, s. 7; 225/92, s. 3; 212/93, s. 3; 203/94, s. 3; 288/95, s. 3; 180/96, s. 4; 226/98, s. 5; 195/99, ss. 8-9; 216/2000, s. 11; 82/2001, s. 3; 168/2001, s. 6.]
__________________

[Gateholio]

is it legal to throw a spear at a bear from the inside of a vehicle?

Unlike many people who will just say "it's not legal" without doing any research, I went and looked it up.

I was thinking about the wording of the firearms laws and how it's illegal to have a loaded firearm or cocked crossbow in or on a vehicle, which the spear doesn't contravene, so I think you could throw a spear from a vehicle legally, but not at wildlife. As the hunting regulations state "it is illegal to shoot wildlife from a vehicle" and throwing a spear woudl probably be considered "shooting"

[BiG Boar]

Thank you GH for the effort put in for us. Now we can clearly see the regulations and it does in fact look to be legal.

Oh ya baby...sharpen the tip....because its spear hunting time.

[Gateholio]

Next up someone is going to tell us that baiting deer is illegal...

[16ga]

Unlike many people who will just say "it's not legal" without doing any research, I went and looked it up.

I was thinking about the wording of the firearms laws and how it's illegal to have a loaded firearm or cocked crossbow in or on a vehicle, which the spear doesn't contravene, so I think you could throw a spear from a vehicle legally, but not at wildlife. As the hunting regulations state "it is illegal to shoot wildlife from a vehicle" and throwing a spear woudl probably be considered "shooting"

So.....as long as you don't "throw" the spear it should be legal. So I could fix a spear(s) to the front of my truck and impale a deer. I wonder if it says anywhere it is illegal to use a truck, but I am too lazy to look it up.

[Gateholio]

So.....as long as you don't "throw" the spear it should be legal. So I could fix a spear(s) to the front of my truck and impale a deer. I wonder if it says anywhere it is illegal to use a truck, but I am too lazy to look it up.

There are specific laws regarding using a motor vehicle to harass or kill wildlife intentionally and regarding the transport of road killed wildlife. I'd suggest you do some research and look these laws up before attempting to spear a deer with your bumper spear.

[16ga]

There are specific laws regarding using a motor vehicle to harass or kill wildlife intentionally and regarding the transport of road killed wildlife. I'd suggest you do some research and look these laws up before attempting to spear a deer with your bumper spear.

Dam, I was hoping you would look it up. I have been pretty effective in taking out deer with just a bumper but it is a rather expensive technique.

[gwillim]

So if I fix the spear to the front of my (non-motorized) bicycle, and then ram a bear, everything is OK?!

If I end up in jail, I'm calling Gatehouse to front the bail...

[Gateholio]

Here you go:

Use of conveyance
27 (1) A person who discharges a firearm or wounds or kills wildlife from a motor vehicle or from a boat that is propelled by a motor commits an offence.

(2) A person commits an offence if the person
(a) hunts wildlife from an aircraft, or
(b) uses a helicopter for the purposes of transporting hunters or game, or while on a hunting expedition,
except as authorized by regulation.
(3) A person who herds or harasses wildlife with the use of a motor vehicle, aircraft, boat or other mechanical device commits an offence.
(4) A person who hunts game within 6 hours after being airborne in an aircraft, other than a regularly scheduled commercial aircraft, commits an offence.