Can a non hunter accompanying a hunter in the field?

[Gateholio]

Thank you for your email dated October 29, 2015, regarding a non hunter accompanying a hunter in the field.



Non-hunters that are not in possession of a firearm may accompany a hunter and the non hunter is not required to be in possession of a hunting licence.



The Wildlife Act definition of hunt is:



"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;



If an individual is doing an activity that is captured in the definition of hunt they are required to possess all appropriate hunting licenses. Many non-hunting people participate in the activity of hunting; if the accompanying individual is not meeting the definition of hunt (i.e. is not in possession of a firearm or other weapon) they would not require a hunting licence and may accompany a licensed hunter. People that are in the field and not in possession of a firearm or other weapon (and do not intend to capture wildlife) would not be meeting the definition of hunting and would not require a hunting licence.



A non-hunter may accompany a hunter on their hunt and observe, there are no regulations against that, in fact it is encouraged that hunters mentor and initiate non-hunters into the sport. The non-hunter can assist in packing harvested wildlife out of the field, however ensure that the licensed hunter accompanies the meat at all times unless the non hunter is in possession of a completed “record of receipt for transporting wildlife”, found on page 24 of the 2012-2014 Hunting and Trapping Regulations Synopsis available online at http://www.env.gov.bc.ca/fw/wildlife...g/regulations/.

[Surrey Boy]

Excellent information to know. Thanks for posting.

[Taurusguy]

I had a CO give my buddy a written warning for hunting with no licence while he was riding in my truck as we were heading to a spot for target practice up skagit valley. He was holding my gun and my daughters gun in his lap. (Daughter had licence but buddy was too big to sit in back seat so he held our eapons). My buddy did have a gun licence tho... And when we walked around in the bush he was holding a camera... Only held guns while we were traveling in the truck. But I am glad someone got this question answered. The CO said technically he was hunting because he was shotgun in the truck and holding my and my daughters guns... Lame...

[caddisguy]

I had a CO give my buddy a written warning for hunting with no licence while he was riding in my truck as we were heading to a spot for target practice up skagit valley. He was holding my gun and my daughters gun in his lap. (Daughter had licence but buddy was too big to sit in back seat so he held our eapons). My buddy did have a gun licence tho... And when we walked around in the bush he was holding a camera... Only held guns while we were traveling in the truck. But I am glad someone got this question answered. The CO said technically he was hunting because he was shotgun in the truck and holding my and my daughters guns... Lame...

He should have no problem fighting the fine. He needs to be in a possession of a firearm *and* looking for animals. There is no reference in the definition of hunting to "riding shotgun" (that is not mutually inclusive with any aspects defining hunting)

If he admitted to looking for animals or was seen glassing it would be more questionable. Could still argue the firearms were in transportation and could not be used for hunting while being transported, though the wording (possession) does not leave leave much wiggle room, reducing that arguement to letter of the law versus spirit of the law.

[warnniklz]

What if your buddy is packing a twelve in the east kootneys while you're calling elk?

[Taurusguy]

He was lucky... No fine.. Just got a written warning. He was in passenger seat.. Holding my gun and my daughters gun, who was sitting in back seat, cuz he is too big to sit back there...

[J_T]

Good information.

In the case of an early season bowhunter who may want to take someone along (who has no intention of killing) who carries a rifle as protection. And this additional person has all of the required firearms licensing in place. What then?

If the additional person has no weapon, but is spotting, or calling? Are they in contravention?

[jconn]

Good information.

In the case of an early season bowhunter who may want to take someone along (who has no intention of killing) who carries a rifle as protection. And this additional person has all of the required firearms licensing in place. What then?

If the additional person has no weapon, but is spotting, or calling? Are they in contravention?

Lots of grey areas here. By the letter of the law, if the person carrying a rifle for protection is "shooting at, attracting, searching for, chasing, pursuing, following after or on the trail of, stalking or lying in wait for wildlife" then they are meeting the definition of hunting. It might be possible to convince a CO/judge that your friend is not searching for wildlife, but rather just following you around. I probably wouldn't want to test that out though.

Not sure on the spotting or calling one. Even though they don't have the "intention to capture the wildlife", I can see how someone would view their intention of helping you to do that as being basically the same thing.

I would email the CO service (that's how I got the above stickied response in the first place) and see what they say and then just print out their response and keep it with you. Easier thing would be for the friend to come along with no weapon, not doing any hunting related stuff and be 100% sure you're not gonna get popped for illegally hunting.

[J_T]

^^ Thanks for the response. Just to be clear, the scenarios I presented are theoretical and based on my own observations of seeing others in the field.

However, in a personal experience, i was confronted and investigated while not carrying a knife, binoculars, or bow, but accompanying my 83 year old Father on a whitetail hunt. It took two years and court to resolve.

[Gateholio]

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