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View Full Version : A question about retrieval of an animal on private land ??



bearass
02-21-2013, 10:37 PM
I was in a discussion tonight with someone about hunting private land

squamishhunter
02-21-2013, 10:40 PM
I'd be inclined to go with the second one. Plus it's not like its dying on the neighbors doorstep.

Gateholio
02-21-2013, 10:47 PM
You need to get permission to access someones land.

MadCat
02-21-2013, 10:58 PM
You have to get their permission to go on their land, but if they refuse go to the CO and they will help you get your critter back.

Fred1
02-21-2013, 11:19 PM
As said above - You are required to get permission to access/retrieve on/from private land, period. I have covered it with consevation officers and RCMP on two occaisions - once regarding a wounded deer that made a stellar 500 yard run and a goose that didnt drop as fast as we had hoped. Setting foot on private land is a trespass plain and simple ,the owner can press charges. The ethical/moral "make every effory possilbe" to retrive a wounded and or dead animal is secondary to setting foot on private land. The RCMP and CO's were very helpful in explaining the laws and rights as they pertain to this issue... GET PERMISSION!

One Shot
02-21-2013, 11:29 PM
I tried looking it up but could not find it in BC regs.

I always thought that you had the right or obligation to pursue/retrieve wounded wildlife onto private property providing that it was initially shot on huntable property/land.

The Dude
02-21-2013, 11:39 PM
You have to get their permission to go on their land, but if they refuse go to the CO and they will help you get your critter back.

Bingo. You have a legal and moral obligation to tetrieve your game. However, that stops at the property line.
If you are denied access, do NOT cancel your species tag, and notify a CO of what happened.

SPEYMAN
02-22-2013, 12:31 AM
Just what would the land owner charge you with?Trespass without damage ?They have the right to ask you to leave and your name and adress.I would worry about the law after I found a possibly wounded animal.

Search "trespass laws British Columbia" lot of information a person should know when participating in outdoor activities.

Remember,ignorance is no excuse and a little knowledge can be dangerous.

hunter1947
02-22-2013, 03:15 AM
You need to get permission to access someones land.

I agree with Clarke on this one ,,you would have to go and confront the land owner and explain to him or her what has taken place..

Hillbros_96
02-22-2013, 07:40 AM
I agree with Clark on this one ,,you would have to go and confront the land owner and explain to him or her what has taken place..


Why confront and not approach? Just kidding, as I am thinking that is what you meant. I agree you need to get permission first, if not allowed inform the CO. If he is unable to get permission, Unfortunitly the animal sits there. In Alberta a couple of years ago they raised the fine big time to stop hunters from trespassing and it became quite a eye opener.

boxhitch
02-22-2013, 08:31 AM
other have said you have the legal obligation to retrieve the animal no matter who's land its on.That could get you in a heap of trouble.
Can you imagine the commotion these days when the landowner makes the call to 911 "Hey theres a guy walking around my property carrying a rifle"
You never know the reaction of a property owner , best to use common sense and respect their privacy first.

BCHunterFSJ
02-22-2013, 09:16 AM
One year my wife shot a fine mulie buck that died some 75 meters "across the fence". There was an open gate and a road in. We proceeded to retrieve the deer (it was abnormally hot that year) and were spotted by a CO. We were charged and the landowner pressed charges as well. My wife had to pay a fine and her "trophy" was confiscated.
ALWAYS GET PERMISSION!!

BigfishCanada
02-22-2013, 12:39 PM
If the property isn't posted private, or no hunting, I thought you were legally able to retrieve?

boxhitch
02-22-2013, 03:02 PM
Fenced land is considered private, whether posted or not..
Its in the trespass act

squamishhunter
02-22-2013, 05:36 PM
I see the problem here. You guys need to start hunting where there are no fences.

KTownKiller
02-22-2013, 07:02 PM
I was told by a CO that too be charged, you had to cross either a fence or posted signs without permission.

Phreddy
02-23-2013, 02:13 PM
The last elk I shot managed to run about 150 yds with the herd and jumped a fence. He fell about 20 ' inside the fence. I spent 2 hours looking for the owner of the property to get permission to retrieve my animal. The upside of the story is that he not only gave me permission to go in and retrieve the critter, but showed me a gate that let me drive right up to the animal to load it it the truck and told me I was welcome to hunt "on" his property anytime. He since then sold his ranch, but his mother and sister who own an adjoining ranch gave me exclusive rights to hunt their property. A little respect and consideration goes a long way.

drivintrucks_shootinbucks
02-23-2013, 02:23 PM
Trespassing is the act of entering ones land without permission of the land's owner. Whether you set one foot over the property line, or go 1km over the line it is still trespassing. Even if land isn't fenced or posted you can still be charged so long as it is cultivated. In my opinion if the landowner does not allow you on they can have charges pressed upon them as it is unlawful to interfere with a hunter participating in legal hunting methods. They can legally tell you you cannot hunt there, but they can't control whether the animal you have shot happens to fall over dead there. But what happens after they say no I really couldn't say.

goatdancer
02-23-2013, 02:38 PM
Trespassing is the act of entering ones land without permission of the land's owner. Whether you set one foot over the property line, or go 1km over the line it is still trespassing. Even if land isn't fenced or posted you can still be charged so long as it is cultivated. In my opinion if the landowner does not allow you on they can have charges pressed upon them as it is unlawful to interfere with a hunter participating in legal hunting methods. They can legally tell you you cannot hunt there, but they can't control whether the animal you have shot happens to fall over dead there. But what happens after they say no I really couldn't say.

I don't think you can charge him with 'interefere with a hunter participating in legal hunting methods'. He is not giving you permission to access his property. You could contact a CO to find out.

bcfarmer
02-23-2013, 02:54 PM
Trespassing is the act of entering ones land without permission of the land's owner. Whether you set one foot over the property line, or go 1km over the line it is still trespassing. Even if land isn't fenced or posted you can still be charged so long as it is cultivated. In my opinion if the landowner does not allow you on they can have charges pressed upon them as it is unlawful to interfere with a hunter participating in legal hunting methods. They can legally tell you you cannot hunt there, but they can't control whether the animal you have shot happens to fall over dead there. But what happens after they say no I really couldn't say.

This has been a good thread with some excellent and accurate information. I am not sure how to even respond to the above bold print. Land owners do not need any reason to not allow access to the general public. "interfering with a legal hunt".....can you imagine the chaos if this was even remotely true?
RESPECT and asking permission should always be the starting point.

bcf

The Dude
02-23-2013, 10:32 PM
In my opinion if the landowner does not allow you on they can have charges pressed upon them as it is unlawful to interfere with a hunter participating in legal hunting methods.

Yeahhhhh....... try and get a CO to write THAT ticket. :D
Good luck with that one.

Ambush
02-23-2013, 10:47 PM
In my opinion if the landowner does not allow you on they can have charges pressed upon them as it is unlawful to interfere with a hunter participating in legal hunting methods.

That should answer your question. If you are trespassing, then you are not participating in a legal hunt.

This is really not to hard to understand. You need permission to access private property. Same as your backyard.

gcreek
02-23-2013, 11:07 PM
That should answer your question. If you are trespassing, then you are not participating in a legal hunt.

This is really not to hard to understand. You need permission to access private property. Same as your backyard.

Some seem to think that if a back yard is larger than 100 sq. ft. there are different rules.

rides bike to work
02-23-2013, 11:15 PM
I hunt in areas with fences every where but im pretty sure its crown land with cattle grazing leases knowing if your on private land can very confusing posted fence lines theres no question but there are alot of unposted fences out there.

Ambush
02-24-2013, 10:01 AM
I hunt in areas with fences every where but im pretty sure its crown land with cattle grazing leases knowing if your on private land can very confusing posted fence lines theres no question but there are alot of unposted fences out there.

It doesn't have to be posted. If it's fenced or cultivated, it's deemed private and the onus is on you.

How many people on here have their lot's posted?

curt
02-24-2013, 12:23 PM
I can answer this with 100% accurate info as I had this very disscussion with a CO in Kamloops this past fall!! You need permission plain and simple and if for whatever reason the land owner is unwilling to grant you access your, you need to contact the local CO. The CO will attempt to negotiate with the land owner, however if the land owner still will not cooperate the CO can and will enter his property and retreive the animal for you, the CO has the legal right to retreive that animal under the wildlife act the hunter does not plain and simple.

curt
02-24-2013, 12:25 PM
As far as fences are concerned I was under the impression it needed to be marked ever 100yrds or so not the case again from the CO only needs to be marked at major crossing Ambush is 100% correct its on you to know and trust me they have heard all the scams and you will be charged!

hunter1947
02-25-2013, 04:01 AM
I play it safe I keep far away from private land then if I do shoot an animal and it does not hit the ground right away and runs a hundred yards I won't have to worry about the animal dieing on someones property..

boblly1
02-25-2013, 07:50 AM
it states in the regs that you must make all reasonable atempt to retreive the animal and include it in your bag limit.most land owners will listen to reason if your honest and allowyou access i learn by experience