PDA

View Full Version : helicopter for transportation



Big Lew
08-28-2017, 07:49 AM
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.

rimfire
08-28-2017, 09:05 AM
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."

bearvalley
08-28-2017, 09:23 AM
It's illegal to use a helicopter for the purpose of transporting hunters or game.

Big Lew
08-28-2017, 09:39 AM
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.

bighornbob
08-28-2017, 10:05 AM
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

rimfire
08-28-2017, 10:15 AM
Sorry, Lew, I missed the part where he was bringing the wildlife to his other house...


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.

monasheemountainman
08-28-2017, 11:18 AM
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

S.W.A.T.
08-28-2017, 11:40 AM
Rules look pretty clear on this

Gateholio
08-28-2017, 07:19 PM
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?

Mulehahn
08-28-2017, 07:42 PM
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.

rocksteady
08-28-2017, 08:13 PM
Call the COS if you think it's hinky

f350ps
08-28-2017, 10:00 PM
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
I agree, dare to dream? A little different than hiking to the top of a mountain only to find a chopper sitting there, then I'd be pissed, in this case good for him! K

Ry151
08-28-2017, 10:33 PM
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?
Exactly!! If he's waiting the time limits and landing at his property or an airport no problem here. inless he's landing out in a field and shot birds then putting his shot gun and game in the aircraft and flying away to his house than he's good to go. If you see a moose hanging from the long line call Report him, otherwise sounds fine to me

lorneparker1
08-29-2017, 03:21 PM
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


This X 100000. if I had a chopper to take to the goose field and back I sure as F would lol

Chopper
08-29-2017, 04:13 PM
This isn't a debate ... he is breaking the law

Were not talking about deer jerky on a ski trip, This guy would be in FKN trouble if he got caught moving hunted game with a rotor craft

Chopper
08-29-2017, 04:17 PM
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.

I personally think he would have some explaining to do if he was suspected of moving game and they found blood that the CO's did a DNA test on, or feathers. If they were pissed enough ... they would do the tests

hunter fisher
08-29-2017, 05:56 PM
who the f cares if he transports his birds home via chopper. use your brain and think about why this law was made, so you cant spot a sheep/moose/elk/goat, land a drainage over, and shoot him an hour later. this is why police/CO's are allowed to use discretion. I would compare this to a guy doing 51 in a 50 zone. if this really rattles your chain you have to much time on your hands

Gateholio
08-29-2017, 07:18 PM
I personally think he would have some explaining to do if he was suspected of moving game and they found blood that the CO's did a DNA test on, or feathers. If they were pissed enough ... they would do the tests

I think the opposite. Sounds to me that he is flying his personal helicopter from one residence to the other, then going hunting. Then he takes his birds into his house, butchers them and then flies them home. We can't be sure, of course, but it doesn't make sense to leave them whole for the trip home.

Would the CO's object? I have no idea, but I think it would be a bit of a waste of resources to pursue someone doing what I described.

Big Lew
08-29-2017, 07:39 PM
I think the opposite. Sounds to me that he is flying his personal helicopter from one residence to the other, then going hunting. Then he takes his birds into his house, butchers them and then flies them home. We can't be sure, of course, but it doesn't make sense to leave them whole for the trip home.

Would the CO's object? I have no idea, but I think it would be a bit of a waste of resources to pursue someone doing what I described.

That's about what I was told. There was never a suggestion that he was flying in to that farm
solely for the purpose of shooting a few geese and then coming home. If that were the case,
I'm sure he could fly somewhere much closer at a lot less cost.

Chopper
08-29-2017, 10:35 PM
I think the opposite. Sounds to me that he is flying his personal helicopter from one residence to the other, then going hunting. Then he takes his birds into his house, butchers them and then flies them home. We can't be sure, of course, but it doesn't make sense to leave them whole for the trip home.

Would the CO's object? I have no idea, but I think it would be a bit of a waste of resources to pursue someone doing what I described.

You are seriously underestimating the M.O of conservation. Even if they think there is a chance of a violation, they will charge you and let a judge sort it out. There is a CO in my area that has been know to hike into pits and write violations for littering because brass was not picked up.

you guys can continue to debate all u want ...