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Tree Climber
11-03-2015, 09:04 PM
Question. Is going out at night with a spot light with no hunting gear in the vehicle legal or not?

Whonnock Boy
11-03-2015, 09:07 PM
I can't speak for the legality of the issue, but ethically.....

howa1500
11-03-2015, 09:07 PM
No problem, how else you gonna find the samsquamch

cloverphil
11-03-2015, 09:08 PM
is walking through the forest at night with a flashlight legal ?

The Dawg
11-03-2015, 09:11 PM
Question. Is going out at night with a spot light with no hunting gear in the vehicle legal or not?

It depends on what you are doing with it.

If you are using it to spot game- that's hunting. Even with no rifle or bow- hunting includes scouting

Looking_4_Jerky
11-03-2015, 09:11 PM
Used to do it all the time. Great chance for wildlife viewing. Saw my first cougar doing it. Have been pulled over by COs and cops and once it was determined no guns in vehicle, everything else seemed ok.

Squamch
11-03-2015, 09:33 PM
It depends on what you are doing with it.

If you are using it to spot game- that's hunting. Even with no rifle or bow- hunting includes scouting


Wouldnt that make scouting, out of season, illegal?

Daybreak
11-03-2015, 09:35 PM
Might be considered harassing wildlife.

boxhitch
11-03-2015, 09:37 PM
Its a big world out there , and there are things to do that are not hunting related.

Drillbit
11-03-2015, 09:43 PM
Question. Is going out at night with a spot light with no hunting gear in the vehicle legal or not?

Why wouldn't it be legal?

Headlights are legal too.

Tree Climber
11-03-2015, 09:47 PM
I didn't think it was.. when I elk hunt I always go out at night and bugle to locate.

Fisher-Dude
11-03-2015, 10:03 PM
hunt & hunting - includes shooting at,
attracting, searching for, chasing, pursuing, following
after or on the trail of, stalking, or lying
in wait for wildlife or attempting to do any of
those things, whether or not the wildlife is then
or subsequently wounded, killed or captured:
(a) with intention to capture the wildlife, or
(b)while in possession of a firearm or other
weapon.

Johnny G1
11-03-2015, 10:10 PM
I quess using street light's to find the ole racoon is going to be illegal now, maybe have to resort to a torch like they did yrs ago, Lol

M.Dean
11-03-2015, 10:51 PM
I'd think driving around at night with a 5 million candle powered rechargeable spot light trying to find out where the animals are feeding and which direction there headed and where they bed down so you can be there at first light to blow there brains out "Might" be legal, but do you really think that's "Fair Chase"??? "Legally" you could have your buddys following behind you "without" a spot light but with your rifles, then at exactly day break, you could "Legally" run back to there truck, grab your rifle and shoot that massive buck, or bull well it's still seeing black spots from your spot light? Personally I wouldn't do it, nor would anyone I was going to hunt with the following day do it.

Dannybuoy
11-03-2015, 10:51 PM
hunt & hunting - includes shooting at,
attracting, searching for, chasing, pursuing, following
after or on the trail of, stalking, or lying
in wait for wildlife or attempting to do any of
those things, whether or not the wildlife is then
or subsequently wounded, killed or captured:
(a) with intention to capture the wildlife, or
(b)while in possession of a firearm or other
weapon.

I believe it is quite clear that it would be legal then given these conditions as (a)you could not have the intent to capture wildlife (with a flashlight) (b) not in possession of a weapon

mattmckay
11-03-2015, 11:12 PM
I guess being on your spot an hour before legal light could be considered hunting illegally too.
"Lying in wait" I might as well sleep in more...

Gateholio
11-03-2015, 11:22 PM
It's legal.

It's also one tool used to check game inventories by bios.

jburgundy
11-03-2015, 11:30 PM
While it may encroach on the "Fair Chase" element, how is it any different then those who set up trail cams and bait with salt licks...

Stone Sheep Steve
11-04-2015, 09:39 AM
hunt & hunting - includes shooting at,
attracting, searching for, chasing, pursuing, following
after or on the trail of, stalking, or lying
in wait for wildlife or attempting to do any of
those things, whether or not the wildlife is then
or subsequently wounded, killed or captured:
(a) with intention to capture the wildlife, or
(b)while in possession of a firearm or other
weapon.

According to this.....climbing into your treestand or blind in the dark to wait for legal daylight is technically illegal.

Fisher-Dude
11-04-2015, 09:52 AM
According to this.....climbing into your treestand or blind in the dark to wait for legal daylight is technically illegal.

Yup. May as well stay in the Love Shack until grey dawn.

Tree Climber
11-04-2015, 10:14 AM
Yup. May as well stay in the Love Shack until grey dawn.

I think your wrong.. if you want to hike to some alpine your not going to start hiking while it's getting light.

Fisher-Dude
11-04-2015, 10:15 AM
I think your wrong.. if you want to hike to some alpine your not going to start hiking while it's getting light.

But would that not violate the law with the current definition of "hunting?"

Gateholio
11-04-2015, 10:23 AM
According to this.....climbing into your treestand or blind in the dark to wait for legal daylight is technically illegal.

You can do whatever you want in the dark, as long as you aren't searching for animals with a weapon. Hiking pre dawn you are hiking. Climbing in treestand you are sitting in the dark. Just don't start seeking until legal hours.

Tree Climber
11-04-2015, 10:24 AM
I don't think it's considered hunting till legal shooting light anything before that I'm just nature watching or hiking for fun

Fisher-Dude
11-04-2015, 10:27 AM
I don't think it's considered hunting till legal shooting light anything before that I'm just nature watching or hiking for fun

I'm with ya on that.

Not sure what a strict interpretation of the Wildlife Act would say though.

Funny, I was talking with my corporate lawyer last week, and he was chatting about hunting with his son the previous weekend. He said people need a lawyer to interpret the regs for them!

Tree Climber
11-04-2015, 10:30 AM
I bet.. I've never used a light to look at night before. I just wanted to know and get others opinions

ARC
11-04-2015, 01:50 PM
The definition of hunting is so all-encompassing that it makes a lot of activities technically illegal, that in my opinion should not be. A guy bringing along a firearm for protection while photographing wildlife, sneaking into a tree stand just before legal light, etc.

You would think that there would have to be some intent on killing/capturing the wildlife out of season in order to be considered poaching, but I guess common-sense doesn't always go into these laws.

J_T
11-04-2015, 02:27 PM
When I was in court over a discussion of this sort, I suggested we need to review the definition of "accompany" and "hunt". And what activities comprise hunting. Because most hunters are hunting 365 days a year. It's not something we control. We are always on the lookout for game, for sign. Setting up trail cams etc. I indicated that during the season of which an animal may be taken, I'm no longer hunting (looking for), I'm killing.