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Ghilliesuit
09-12-2020, 03:57 PM
When do livestock vacate crown land? Can you hunt on crown land if livestock are on the plot but aren't in the immediate vicinity?

rocksteady
09-12-2020, 04:18 PM
Usually Oct 15..

Yes you can, as long as you are respectful to the cows. Clise gates behind you, don't chase them with truck, all the respect you would want if they were your livelihood

walks with deer
09-12-2020, 04:50 PM
oct 1 around here.

rocksteady
09-12-2020, 05:33 PM
I think each range unit has its own "time to bring the cows home" date..

Ghilliesuit
09-12-2020, 05:35 PM
Respectful, I feed them oats and corn.

Redthies
09-12-2020, 07:24 PM
Legally, you could shoot a deer in the middle of a herd of cattle on crown land. Morally, that’s up to the individual. There are a lot of cattle grazing in a protected area I hunt. They are totally destroying the area. I’m not a fan of grazing on crown land.

And Ghillie, the owners of the cattle might not appreciate you feeding them. Then again,they might like free feed...

huntingfamily
09-12-2020, 09:53 PM
Oct 15 where I'm at..

Treed
09-12-2020, 09:55 PM
Not necessarily is it legal. If you are on crown land, it’s covered by a grazing lease, and cattle are on the land within the lease dates, you cannot hunt on that crown land.

Wildlife Act (Section 39) - A person is
not permitted to hunt on cultivated land
or on Crown land which is subject to a
grazing lease while the land is occupied
by livestock, without the consent of the
owner, lessee or occupant of the land.

blackbart
09-12-2020, 09:56 PM
Pretty sure that govt does little if anything to enforce the dates or any of the other conditions that are supposed to be adhered to.....

huntingfamily
09-12-2020, 10:02 PM
Not necessarily is it legal. If you are on crown land, it’s covered by a grazing lease, and cattle are on the land within the lease dates, you cannot hunt on that crown land.

Wildlife Act (Section 39) - A person is
not permitted to hunt on cultivated land
or on Crown land which is subject to a
grazing lease while the land is occupied
by livestock, without the consent of the
owner, lessee or occupant of the land.

Correct. Must have permission to hunt while occupied.

TimberPig
09-12-2020, 10:40 PM
Correct. Must have permission to hunt while occupied.

A grazing lease is issued under the Land Act and gives the lease holder near private property rights to the land. You need permission from the lease holder to enter onto their lease or face trespassing charges. Not a great form of land tenure for publicly owned land, when it excludes the use of that land by the many who own it, for the benefit of the lease holder alone. It isn’t like a mine or similar where there is legitimate safety concerns, it is solely for the benefit of the lease holder to exclude the public from accessing the lease area.

jamfarm
09-12-2020, 10:49 PM
The crown land might also be under a grazing license in which case you can legally hunt that land. Use ImapBC to find out if the land is under a license or lease.

huntingthecountry
09-13-2020, 08:29 AM
less than 11% of crown land is under grazing lease the rest is license , I live in the cariboo and hunt alongside cows all the time

Redthies
09-13-2020, 08:41 AM
Correct. Must have permission to hunt while occupied.

Hmm. Always happy to learn something. So based on that regulation, if someone’s grazing lease is still open for the year, but there are no cattle in the area (that you can see), you are ok to hunt? The area I hunt is a grazing license, not a lease.

TimberPig
09-13-2020, 08:58 AM
Hmm. Always happy to learn something. So based on that regulation, if someone’s grazing lease is still open for the year, but there are no cattle in the area (that you can see), you are ok to hunt? The area I hunt is a grazing license, not a lease.
Grazing leases require leaseholder permission to enter at any time. Grazing licenses and permits don’t convey any access restrictions.

Ghilliesuit
09-13-2020, 12:57 PM
Grazing leases require leaseholder permission to enter at any time. Grazing licenses and permits don’t convey any access restrictions.

How do you know which is which. Leases=restrictive signs---grazing licences and permits=no signage?

longwalk
09-13-2020, 01:11 PM
Correct. Must have permission to hunt while occupied.

I believe there is a difference between a grazing lease and a range permit.

Ghilliesuit
09-13-2020, 06:15 PM
I believe there is a difference between a grazing lease and a range permit.

From what I can figure out; A "grazing lease" is issued for, generally, 30yrs, although the minister can lease crown land for up to 60 years, and it confers rights on the lease holder. A right to fence and gate might be one of them, that tenure lasts all year and is subject to "Trespass" that entails, for hunters, permission when "...Crown land which is subject to a grazing lease while the land is occupied by livestock..." (most of the time.) A "Licence of Occupation" confers on the licence holder the right the graze, harvest timber, build a right-of-way, or etc. but NO exclusivity. They can't restrict access. (Hunters would have to pay for any livestock that they shoot.)

I'm not a lawyer and I may be completely wrong in my interpretation.

TimberPig
09-13-2020, 10:03 PM
From what I can figure out; A "grazing lease" is issued for, generally, 30yrs, although the minister can lease crown land for up to 60 years, and it confers rights on the lease holder. A right to fence and gate might be one of them, that tenure lasts all year and is subject to "Trespass" that entails, for hunters, permission when "...Crown land which is subject to a grazing lease while the land is occupied by livestock..." (most of the time.) A "Licence of Occupation" confers on the licence holder the right the graze, harvest timber, build a right-of-way, or etc. but NO exclusivity. They can't restrict access. (Hunters would have to pay for any livestock that they shoot.)

I'm not a lawyer and I may be completely wrong in my interpretation.

The Wildlife Act is wrong. Grazing leases give exclusive access year round, not just when cattle are present. If you don’t have the leaseholder’s consent, you are trespassing on their lease and can be charged.

Use iMap to locate the grazing leases and stay off them or get permission. Not all grazing leases are signed as no trespassing and not all lease holders exclude public access, but if you fail to check, you could be facing trespass charges if they choose to pursue it.

Muledeercrazy2
09-13-2020, 10:24 PM
The Wildlife Act is wrong. Grazing leases give exclusive access year round, not just when cattle are present. If you don’t have the leaseholder’s consent, you are trespassing on their lease and can be charged.

Use iMap to locate the grazing leases and stay off them or get permission. Not all grazing leases are signed as no trespassing and not all lease holders exclude public access, but if you fail to check, you could be facing trespass charges if they choose to pursue it.

Doesn't it have to be signed and posted for you to be considered to be trespassing? I don't hunt on other peoples property, and now have the ihunter app that shows land ownership so am much more informed, but if its not signed and or posted and i know i am far enough away from a dwelling, highway, park, etc.... I don't think you would either be morally wrong or likely to have to worry about any legal consequence if somehow you didn't know it was leased land.

Ghilliesuit
09-13-2020, 10:55 PM
The Wildlife Act is wrong. Grazing leases give exclusive access year round, not just when cattle are present...

I will defer to the Wildlife Act, "...Crown land which is subject to a grazing lease while the land is occupied by livestock,.." it doesn't have to be cattle and the Act is quite clear. If there is one livestock the plot is occupied, if there's not it isn't occupied.

If it is fenced and gated, I would seek permission to hunt just like if it was deeded but if I wound an animal and it went onto unoccupied lease land, I would pursue it, tag it and take it.

A plot that is occupied by livestock, I would complete the hunt, tag it, notify the land/lease holder and beg him to keep my kill.

TimberPig
09-13-2020, 11:28 PM
I will defer to the Wildlife Act, "...Crown land which is subject to a grazing lease while the land is occupied by livestock,.." it doesn't have to be cattle and the Act is quite clear. If there is one livestock the plot is occupied, if there's not it isn't occupied.

If it is fenced and gated, I would seek permission to hunt just like if it was deeded but if I wound an animal and it went onto unoccupied lease land, I would pursue it, tag it and take it.

A plot that is occupied by livestock, I would complete the hunt, tag it, notify the land/lease holder and beg him to keep my kill.

Do what you want, but what you are doing is ignoring the Land Act, where the lease holder’s rights come from and trump the Wildlife Act. You may get away with it, but you may also find out you are wrong and face trespass charges, your call.

Stone Sheep Steve
09-14-2020, 03:59 AM
Last few years I’ve seen cattle still on range in December. Most are gone earlier but always a few stragglers out there.

SSS

TimberPig
09-14-2020, 07:50 AM
http://www.huntingbc.ca/forum/archive/index.php/t-120801.html

https://www2.gov.bc.ca/assets/gov/farming-natural-resources-and-industry/natural-resource-use/land-water-use/crown-land/grazing_lease_code_of_practice_august_2016_final.p df

Here’s the same story from 5 years ago on here, and info direct from the source on grazing leases.

Looking_4_Jerky
09-14-2020, 08:57 AM
Timber Pig is absolutely correct. I'm very well acquainted with the terms and conditions of the tenure agreements (the contract between the lessees and Province) and there is nothing that changes the "right to quiet enjoyment" (what legally allows lessees to control access and subjects the lease land to the Tresspass Act) based on livestock being present or not. I dont like it but it's true. Grazing licenses are a way better form of tenure with respect to protecting the public's interests. The Province does not issue new grazing leases (only licenses available now) but will renew those leases already in existence when they expire, so there's still lots of them around.

As a side note, apps like iHunter provide cadastral information, which in my estimation is about 90% effective in reflecting private ownership information. This is the same info you will get through iMap. It is not always correct. If you are getting screamed at by someone who claims to own the land, you'd be best not to scream back that "the app" doesn't say that, lol.

Because of the unreliability, I don't use iHunter, so I'm not sure if it reflects leases, but I doubt it. iMap does accurately reflect lease/license boundaries and distinguish between the two by utilizing the separate layers within the "land ownership and status" folder.

Redthies
09-14-2020, 06:45 PM
I'm very well acquainted with the terms and conditions of the tenure agreements (the contract between the lessees and Province).

If you are getting screamed at by someone who claims to own the land, you'd be best not to scream back.

I’m also well acquainted with tenure agreements, albeit recreational business use rather than agricultural/grazing. If some were screaming “ I own the land” that they leased,I’d scream back, “sure, and so do I” since I am a public land owner and have the t-shirt to prove it;)

It should be a requirement to post the roads entering lease land that otherwise shows up as crown on maps, but then there are all the dickheads putting private property signs on crown land to keep others out of their honey holes... It’s a pickle for sure.

One Shot
09-14-2020, 10:38 PM
Some community pastures are posted as to no hunting and or discharge of firearms between certain dates. Know the local rules for each community pasture you will hunt on.