Is it legal to chase game away from others?

[RiverBoatFantasy]

Is it legal for a person or persons to frighten, chase, or otherwise scare game away from an area in order to prevent others the opportunity to observe or hunt the same game?

[1899]

You know the rules...

[RiverBoatFantasy]

You know the rules...

I thought you were going to say "it depends what region, sub region and who is scaring the game".

[Gateholio]

It is interfering with a lawful hunt....and illegal

[Steeleco]

Does anybody know the legal code for "interfering with a legal hunt" I'd love to be able to quote it if needed.

[RiverBoatFantasy]

It is interfering with a lawful hunt....and illegal

What if a person is alone with no other hunters in the area and they go to great lengths to chase the game into know hiding spots with a quad or horse or even an airplane. Maybe they even shoot towards the animal or perhaps release a dog or dogs to get the game moving.

What if they do it a few days before season opening?

[jrjonesy]

If you're not actually interfering with a hunt, then I doubt you can be charged with that.

Aren't there laws that make "harrassing wildlife" an offence though?

Depending on methods, could "cruelty to animals" be an interpretation?

Just throwing out some thoughts.

[Kody94]

In the case of "chasing game away from others", I imagine it would have to be intentional for it to be considered the illegal disruption of a lawful hunt.

I have had guys with quads and trucks come along and spook game away while I was in the process of stalking or calling them. They did not know I was there, so I doubt they unlawfully interfered with my hunt.

I've also bugled in hunters and elk at the same time...and the hunters spooked the elk away. I gave them the benefit of the doubt that they weren't purposely trying to ruin my day...I assume the law would have too.

I have also been on the flip side of the coin...I picked a landing to shoot a few clay pigeons after work with a buddy who wanted to take up duck hunting, and it turned out that shortly after we started a couple guys drove over and read me the riot act for f#!king up their hunt. Turned out they were over on the other side of the valley (a couple kms away) and had a bull elk going. My buddy and I busting off about 40 rounds of 12 ga ammo shut their elk up and spooked him off. Did I unlawfully interfere with their hunt??..I don't think so. I felt bad about...at least up until the guy got right in my face, like I was supposed to know that they were in there, let alone in the middle of an elk hunt.

Another question for the group....In the case where guys have accidently messed up my hunt...would it be legal for me to threaten them with bodily harm? Heck, even if they did it on purpose...

[1899]

"harass" includes worry, exhaust, fatigue, annoy, plague, pester, tease or torment, but does not include the lawful hunting, trapping or capturing of wildlife;

and

"hunt" 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;

and


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.

[Kody94]

Regarding the other question, I believe that does constitute harassing wildlife (if done on purpose).

Its a bit of a grey area during the season. A well known outfitter got in trouble for sending guides into a park and spooking the rams across the boundary into their territory. Not sure what the regulation on that is. In this case a provincial boundary was involved, so its probably a special case, but when it comes to spooking game to go to another area so a hunter can get it...well, deer hunters do it all the time.

Before the season would be harassing wildlife pretty clearly...again, provided it was done intentionally, and not just in the act of hiking or taking your dog for a walk, or hunting chickens, or bears or ?? Even if it was done on purpose, spooking animals by your presence, your dog or even gunshots probably would be difficult to enforce as harassment, as it hardly results in "worry, exhaust, fatigue, annoy, plague, pester, tease or torment".

[RiverBoatFantasy]

Another question for the group....In the case where guys have accidently messed up my hunt...would it be legal for me to threaten them with bodily harm? Heck, even if they did it on purpose...

No. You can not threaten anyone with bodily harm while out in the woods unless they approach you with a gleam in thier eye while playing a banjo and "packing wood".

[RiverBoatFantasy]

Regarding the other question, I believe that does constitute harassing wildlife (if done on purpose).

Its a bit of a grey area during the season. A well known outfitter got in trouble for sending guides into a park and spooking the rams across the boundary into their territory. Not sure what the regulation on that is. In this case a provincial boundary was involved, so its probably a special case, but when it comes to spooking game to go to another area so a hunter can get it...well, deer hunters do it all the time.

Before the season would be harassing wildlife pretty clearly...again, provided it was done intentionally, and not just in the act of hiking or taking your dog for a walk, or hunting chickens, or bears or ??

Sounds like there would be many plausible stories one could come up with for thier defence. I would like to believe that this type of thing does not occur in BC.

[Kody94]

No. You can not threaten anyone with bodily harm while out in the woods unless they approach you with a gleam in thier eye while playing a banjo and "packing wood".

I am glad to know that the "Deliverance" exemption exists!

[Kody94]

I would like to believe that this type of thing does not occur in BC.

Me too. One would hope the rumors are just urban myths.

[1899]

Even if it was done on purpose, spooking animals by your presence, your dog or even gunshots probably would be difficult to enforce as harassment, as it hardly results in "worry, exhaust, fatigue, annoy, plague, pester, tease or torment".

I disagree. Note that the definition says "includes", so it is not an exhaustive list. I think it would be fairly clear that such actions would "worry" or "pester" animals. It would also likely fall into the definition of "hunting".

[Kody94]

SEMPER AURUM

Reminds me of one of my favorite comedies...GOLDMEMBER. Goooooold!

[Kody94]

I disagree. Note that the definition says "includes", so it is not an exhaustive list. I think it would be fairly clear that such actions would "worry" or "pester" animals. It would also likely fall into the definition of "hunting".

The main reason I say that it would be difficult to enforce is because of all the examples I can think of where it is accepted.

As a for instance, farmers chase wildlife off their fields all the time. Airports use gunshot sounds (and all kinds of other tactics) to spook migratory birds, all day, every day.

I'd say there is enough precedent to make a good case that simply spooking game from one area to another would not constitute "harassment" since the intent of the law is clearly to prevent wildlife from being harmed in some way. If the farmers and airports aren't considered to be harming the wildlife, how would an individual doing something comparable or less overt?

Truthfully, shed hunting on winter range in the winter is probably the most harmful "harassment" that outdoor recreationists actively participate in and condone.

I haven't heard of snowmobilers getting charged for harassment either.

Now, anyone reading this...do not take my comments as any way endorsing any kind of "harassment"! I'm just saying it probably ain't black and white from a legal perspective.

[wolverine]

It's harrassing wildlife an it's illegal End of story. but I'm with SSSter on that. Difficult to prove. Good way to earn a punch in the yap though.

[Jelvis]

Try it up at Alexander creek in mu 4-23 and see what happens -- lol --
You could try it just to see what happenzzz -- it would answer your question -
Are you going to try it up there or somptink -- lots a locals have cabins there
You said it was great hunting but too far for me right now - part time job now
Jel --

[RiverBoatFantasy]

Try it up at Alexander creek in mu 4-23 and see what happens -- lol --
You could try it just to see what happenzzz -- it would answer your question -
Are you going to try it up there or somptink -- lots a locals have cabins there
You said it was great hunting but too far for me right now - part time job now
Jel --

I am hoping to sleep in one or more of the many beautiful cabins during my hunt. I would not want to ruin my welcome..............

[1899]

As a for instance, farmers chase wildlife off their fields all the time. Airports use gunshot sounds (and all kinds of other tactics) to spook migratory birds, all day, every day.

I'd say there is enough precedent to make a good case that simply spooking game from one area to another would not constitute "harassment" since the intent of the law is clearly to prevent wildlife from being harmed in some way. If the farmers and airports aren't considered to be harming the wildlife, how would an individual doing something comparable or less overt?


There is a big difference between a farmer running game off his land to protect crops, or an airport scaring off wildlife to prevent an accident vs hunters, armed or not, chasing game around in order to facillitate a hunt. Big difference.

[Kody94]

There is a big difference between a farmer running game off his land to protect crops, or an airport scaring off wildlife to prevent an accident vs hunters, armed or not, chasing game around in order to facillitate a hunt. Big difference.

I doubt there is very little difference in terms of impacts to the wildlife...that is the point I am making...not the difference in terms of "acceptablility".

Also, keep in mind that harassing wildlife is pretty much OK as long as its part of the act of hunting. Just to be clear...its ok to send dogs after birds, mt lions, bears, etc, or "push bush" for deer, elk, moose, etc.

[bigben]

In the case of "chasing game away from others", I imagine it would have to be intentional for it to be considered the illegal disruption of a lawful hunt.

I have had guys with quads and trucks come along and spook game away while I was in the process of stalking or calling them. They did not know I was there, so I doubt they unlawfully interfered with my hunt.

I've also bugled in hunters and elk at the same time...and the hunters spooked the elk away. I gave them the benefit of the doubt that they weren't purposely trying to ruin my day...I assume the law would have too.

I have also been on the flip side of the coin...I picked a landing to shoot a few clay pigeons after work with a buddy who wanted to take up duck hunting, and it turned out that shortly after we started a couple guys drove over and read me the riot act for f#!king up their hunt. Turned out they were over on the other side of the valley (a couple kms away) and had a bull elk going. My buddy and I busting off about 40 rounds of 12 ga ammo shut their elk up and spooked him off. Did I unlawfully interfere with their hunt??..I don't think so. I felt bad about...at least up until the guy got right in my face, like I was supposed to know that they were in there, let alone in the middle of an elk hunt.

Another question for the group....In the case where guys have accidently messed up my hunt...would it be legal for me to threaten them with bodily harm? Heck, even if they did it on purpose...


I guess it depends where you were is not the understanding under our new gun laws that we are to be using gun club ranges to sight or skeet clubs to try out the hunt we are to pursue ...........just wondering I sure in the hell wouldn t want a guy blowing off 20 or so rounds around the areas I am to hunt .......but I do know a guy that had been charged for going by guys glassing for animals and beepinghis horn when he went by .........it got tiresome and the fish cop nailed him for it ........harresment .........just a thought

[Kody94]

I guess it depends where you were is not the understanding under our new gun laws that we are to be using gun club ranges to sight or skeet clubs to try out the hunt we are to pursue ...........just wondering I sure in the hell wouldn t want a guy blowing off 20 or so rounds around the areas I am to hunt .......but I do know a guy that had been charged for going by guys glassing for animals and beepinghis horn when he went by .........it got tiresome and the fish cop nailed him for it ........harresment .........just a thought

There's nothing illegal about discharging a firearm in that situation.

Guys use gravel pits and landing all the time, for this and for sighting in their rifle etc. Not to mention all the jack-holes that blow the crap out of every single road sign and km marker!

http://img.photobucket.com/albums/v230/Staggerino/target_shooting-1.jpg

[RiverBoatFantasy]

I guess it depends where you were is not the understanding under our new gun laws that we are to be using gun club ranges to sight or skeet clubs to try out the hunt we are to pursue ...........just wondering I sure in the hell wouldn t want a guy blowing off 20 or so rounds around the areas I am to hunt .......but I do know a guy that had been charged for going by guys glassing for animals and beepinghis horn when he went by .........it got tiresome and the fish cop nailed him for it ........harresment .........just a thought

I always stop and blow my own horn whenever I see hunters looking at game. The game never looks up or moves. The hunters usually look at me hoping I will STFU! I am a much worse big mouth in person:-o

[steepNdeep]

Is it legal for a person or persons to frighten, chase, or otherwise scare game away from an area in order to prevent others the opportunity to observe or hunt the same game?

Do you mean is is legal for persons to frighten, chase or otherwise scare other hunters? ;)

[RiverBoatFantasy]

Do you mean is is legal for persons to frighten, chase or otherwise scare other hunters? ;)

Have you been to Fort Ware recently?

[1899]

SSStr - I think you have gotten away from the spirit of the thread:



Is it legal for a person or persons to frighten, chase, or otherwise scare game away from an area in order to prevent others the opportunity to observe or hunt the same game?



What if a person is alone with no other hunters in the area and they go to great lengths to chase the game into know hiding spots with a quad or horse or even an airplane. Maybe they even shoot towards the animal or perhaps release a dog or dogs to get the game moving.

What if they do it a few days before season opening?

Like I said, these types of activities are quite different the the farmer or airport.

[Kody94]

SSStr - I think you have gotten away from the spirit of the thread:

Like I said, these types of activities are quite different the the farmer or airport.

From an ethical perspective, yes...from a legal perspective, probably not. That's my point. But again, don't get me wrong, I am not defending the activity being questioned.

[RiverBoatFantasy]

SSStr - I think you have gotten away from the spirit of the thread:





Like I said, these types of activities are quite different the the farmer or airport.

Yes, very, very different. I have never witnessed it with my own eyes but I have heard stories. I'm sure many of us have heard the stories and maybe witnessed this type of behaviour.

Lets take elk for instance. They are easy to frighten and make move out of an area. Especially big, old cagey bulls.

Thank you 1899 for getting us back on track here.

[Gateholio]

I guess it depends where you were is not the understanding under our new gun laws that we are to be using gun club ranges to sight or skeet clubs to try out the hunt we are to pursue ...........jt


Anywhere you are legal to hunt with a firearm, you are legally allowed to discharge an unrestricted firearm. There is no restriction on how many rounds of ammunition you may shoot, either.

[triggr31]

forget quoting call the authorities . Its right in the synopsis . Its the last new unlawful rule implemented this year. make sure you take this individual down. if it were you as a hunter they would certainly use you as an example.

[triggr31]

are you an anti-hunter ? ????????????

[Buckmeister]

Last year I was hunting on some private property I have permission to hunt. The property is fairly remote and the owner lives elsewhere, but there are some hippy neighbors that live on the connecting parcels, and I'm told they don't hunt and they probally dislike others hunting. About 10 mins after I arrived I heard this noise, like the sound of a wooden spoon slapping the bottom of a metal bucket or frying pan. Then I heard crashing in the bush behind me. I turned and saw two whitetail does headed down the trail towards me. They got to within 30 yards of me and turned off on a side trail, they didn't even see me. I don't know who was making the noise, but I assume it must have been one of the neighbours. If one of those deer had been a buck, it might have been my lucky day. :smile: Still...I don't like the fact they were trying to disturb my hunt. Pretty gutsy on their part.
Oh, and I didn't see any other deer for the rest of that day, and that spot you always see deer.

[Stone Sheep Steve]

Last year I was hunting on some private property I have permission to hunt. The property is fairly remote and the owner lives elsewhere, but there are some hippy neighbors that live on the connecting parcels, and I'm told they don't hunt and they probally dislike others hunting. About 10 mins after I arrived I heard this noise, like the sound of a wooden spoon slapping the bottom of a metal bucket or frying pan. Then I heard crashing in the bush behind me. I turned and saw two whitetail does headed down the trail towards me. They got to within 30 yards of me and turned off on a side trail, they didn't even see me. I don't know who was making the noise, but I assume it must have been one of the neighbours. If one of those deer had been a buck, it might have been my lucky day. :smile: Still...I don't like the fact they were trying to disturb my hunt. Pretty gutsy on their part.
Oh, and I didn't see any other deer for the rest of that day, and that spot you always see deer.

Maybe those deer were trying to eat their "special crop";-)....and they were just defending their land like a farmer?


We just heard a report here on HBC of the GO doing this in the Ashnola the day before the season started. Sheep are very predictable in their behaviour and they most likely know where they head when pressured...but being able to prove it as a whole different ballgame.

SSS

[sawmill]

I always stop and blow my own horn whenever I see hunters looking at game. The game never looks up or moves. The hunters usually look at me hoping I will STFU! I am a much worse big mouth in person:-o

Your kidding right?If not,you might end up in a high speed chase with a couple real pissed off guys on your ass.

[RiverBoatFantasy]

Your kidding right?If not,you might end up in a high speed chase with a couple real pissed off guys on your ass.

"blow my own horn" not blow the horn!

[RiverBoatFantasy]

are you an anti-hunter ? ????????????

Only if they are hunting in MY area. lol (you know the place, the one that I think I own and have sole rights to).

[RiverBoatFantasy]

Anywhere you are legal to hunt with a firearm, you are legally allowed to discharge an unrestricted firearm. There is no restriction on how many rounds of ammunition you may shoot, either.

One time, while shooting up at a rifle range the range master turned on the red light and rang the buzzer to stop shooting. 2 does had casually walked out onto one of the berms and layed down. He walked up and threw rocks at them to scare them away. The shooting resumed once he gave the all clear.

Within 15 minutes the deer returned to the exact spot and layed down again!

[1899]

One time, while shooting up at a rifle range the range master turned on the red light and rang the buzzer to stop shooting. 2 does had casually walked out onto one of the berms and layed down. He walked up and threw rocks at them to scare them away. The shooting resumed once he gave the all clear.

Within 15 minutes the deer returned to the exact spot and layed down again!

THEY'RE COMING RIGHT AT US! (South Park hunting episode, in case you missed it)

[RiverBoatFantasy]

Oh my god, They killed Bambi.

[Buckmeister]

Maybe those deer were trying to eat their "special crop";-)....and they were just defending their land like a farmer?

SSS

I wouldn't doubt there being a few crops out there. Problem is, that guy had to come right into the middle of the land I was on to bang his pot and for me to hear so clearly, so that means he was tresspassing as well!

[goatdancer]

I wouldn't doubt there being a few crops out there. Problem is, that guy had to come right into the middle of the land I was on to bang his pot and for me to hear so clearly, so that means he was tresspassing as well!

Would have been a good time to have them charged with trespassing. Always carry a camera.

[1899]

Would have been a good time to have them charged with trespassing. Always carry a camera.

The owner has to do it and I think it is bad times for all when you start making complaints to the police about your neighbour.

[RiverBoatFantasy]

I wouldn't doubt there being a few crops out there. Problem is, that guy had to come right into the middle of the land I was on to bang his pot and for me to hear so clearly, so that means he was tresspassing as well!

While he was busy banging on the pot I'd have been making off with the whole lot of pot from that spot - for my pal Jelvis.