legal or not

[HunterDave]

Okay, I'm going to go out on a limb and say that calling would be okay but I'm no lawyer.

Just in case I'm wrong you should do the following:

Always carry a disposable pay as you go cellphone in the glovebox. It's very important that you only use cash when you purchase it so no one can track you. Immediately after making the call destroy the phone completely and bury the parts so you can't be tracked by satellite. Wherever possible use codes while speaking on the phone and keep your call under 30 seconds so it can't be traced. Try to stay calm and act casually so as to go unnoticed.

Lastly, establish an alibi by heading to a location that has security cameras. That way if something goes wrong they can check the tapes later. Tim Horton's might be a good spot because if a Police Officer is there, and you can remain calm, you can strike up a conversation with him and that could help you allot later on.

Remember, if you are really, really serious about making that call, it will likely result in the death of an animal and you will never be able to tell anyone about it. It will be a burden that you will have to carry on your own for the rest of your life. Once you understand this, then, and only then, by all means make the call.

Should you accept this responsibility and you are apprehended I will of course disavow all information related to this post!

This post will self-destruct upon reading it.

[elkhunter11]

Did you have a hunting licence Mr. Driver.

Oh, so you were searching for game without a hunting licence with the intent of passing that info along to a hunter.....you were hunting then.

And a mentally unbalanced CO could assume the same of any person driving in the country at any time, hunting season or not.That would include farmers, battery operators, school bus drivers, grader operators, people in the forest industry, tourists, and anyone else that decides to go for a drive in the country. I have driven a few country roads myself without a hunting license, but I am hardly going to worry about being stopped and accused of hunting without a license.

I agree it's a reach

It is such a reach,that I have never heard of it happening have you?And I haven't heard of non hunting landowners or any other non hunting country travelers purchasing hunting licenses just so they don't get accused of hunting without a license either.

And one more time, it has yet to be established if the OP did or did not have a hunting license.

[elkhunter11]

Please check with your local fish and wildlife officer you are all wrong...

How is that possible?Some posters are saying that it could be seen as illegal, and other posters are saying that it is legal, so we can't all be wrong.

[HunterDave]

Originally Posted by elkhunter11

And one more time, it has yet to be established if the OP did or did not have a hunting license.

It hasn't even been established that this is happening during hunting season either.

[elkhunter11]

It hasn't even been established that this is happening during hunting season either.

And it hasn't been established whether either the caller or the hunter, or both of them, are aboriginal, and are exempt from the hunting regulations requiring people to hold a license,or to hunt during the hunting season.

[Nait Hadya]

Originally Posted by walking buffalo

Nope, the person the OP called was not hunting at the time of the call. Case closed.

Appeal?

you can't be council and judge both....

[Eze]

Originally Posted by elkhunter11

And it hasn't been established whether either the caller or the hunter, or both of them, are aboriginal, and are exempt from the sport hunting regulations.

does it really matter here? what the guy is saying is it legal or not to call a hunter to shoot a game animal and wait for the hunter to come to shoot it to show him where it is. (Hell lets say he is white and no hunting liense for the heck of it)

[elkhunter11]

does it really matter here?

Maybe not,but it could possibly be a factor.

what the guy is saying is it legal or not to call a hunter to shoot a game animal and wait for the hunter to come to shoot it to show him where it is.

The OP posted that he would call a hunter, to come and shoot the moose, he didn't post anything about waiting there for the hunter to arrive.If he was to wait until the hunter arrived, and then help him in any way to harvest the moose, it could make his actions illegal.

But once again, assuming things which we don't know to be facts, could possibly change the answer to the OP.

If the question is only asking if the use of a phone is legal to be used for communication for the purpose of hunting, and no aircraft is involved, then that is legal, and that is what I was answering in my original reply.

[Eze]

what the guy is saying is it legal or not to call a hunter to shoot a game animal and wait for the hunter to come to shoot it to show him where it is.

When i said that i guess its legal because I watched it on TV with Outdoor Obsessions or it would not be on there for everyone to watch, if it was illegal. To me that is like the chase and capture of an animal. Populations go down fast with this method of hunting is how i view it

[elkhunter11]

what the guy is saying is it legal or not to call a hunter to shoot a game animal and wait for the hunter to come to shoot it to show him where it is.

When i said that i guess its legal because I watched it on TV with Outdoor Obsessions or it would not be on there for everyone to watch, if it was illegal. To me that is like the chase and capture of an animal. Populations go down fast with this method of hunting is how i view it

It has been legal in Alberta to use phones or two way radios for communicating between hunters for a fairly long time, yet I have seen nothing to indicate that the use of phones is decimating the game populations.In fact, other than winterkills, most big game species in Alberta seem to be doing quite well.Do you have any data to support your opinion?

[Eze]

Nope, no data just my 2 cents worth. Just that spotting game ,calling someone to the where abouts to shoot it, the survival rate of the animals is lower than just driving by and continue on your way.

[Nait Hadya]

digress, i realize the question is "legal or not" but the issue of fair chase has to be considered. is it fair to give one hunter an advangate over other hunters. could even go so far as to say it might be unethical. legal maybe,maybe not. you have to ask yourself,are you out there to kill or hunt, hunt like a sportsman not a ...

[rugatika]

with all the vague laws around hunting and firearms you'd think it would be easier to avoid all these activities than to risk a serious violation.

All laws need to be made much more clear and not left up to interpretation. If two people can read a law and interpret it differently it should be an unjust law and should not be on the books. See my sig line.

[WCTHEMI]

Originally Posted by Nait Hadya

digress, i realize the question is "legal or not" but the issue of fair chase has to be considered. is it fair to give one hunter an advangate over other hunters. could even go so far as to say it might be unethical. legal maybe,maybe not. you have to ask yourself,are you out there to kill or hunt, hunt like a sportsman not a ...

Most likely the moose is not going to be standing in that same spot when the friend shows up. He will have to stalk the moose in hopes of being able to get a shot at it.

[diamonddave]

Originally Posted by Nait Hadya

digress, i realize the question is "legal or not" but the issue of fair chase has to be considered. is it fair to give one hunter an advangate over other hunters. could even go so far as to say it might be unethical. legal maybe,maybe not. you have to ask yourself,are you out there to kill or hunt, hunt like a sportsman not a ...

Why does it have to be considered? He is asking if it is legal, not if it was up to Naits' ethical standards or not... Now if he had his dog there and flushed the moose out on the road, or up a tree....

[Okotokian]

Originally Posted by norma

if am not hunting and am out for a drive and spot a moose, can i call a friend on my cell that is hunting to come and shoot it .

If you don't have a licence or right to hunt I would think it's illegal. However, there is nothing illegal at all with phoning your friend and saying "Wow Fred, what a lovely day. I just saw an awesome bull moose on the north side of range road 231. Quite a sight! Anyway, take it easy!"

[Okotokian]

Originally Posted by Nait Hadya

digress, i realize the question is "legal or not" but the issue of fair chase has to be considered. is it fair to give one hunter an advangate over other hunters. could even go so far as to say it might be unethical. legal maybe,maybe not. you have to ask yourself,are you out there to kill or hunt, hunt like a sportsman not a ...

Seems a bit of a stretch Nait... I thought that is why many of participated in this board. To learn to hunt more effectively, trade info on what works, good hunting areas (within "honey hole" limitations LOL). All that could potentially give us a leg up on other hunters. I think it's pretty much a given that friends tell other friends information that's helpful. It's not meant to "beat" other hunters, it's meant to help them get game.

Plus, I'm not sure that getting a phonecall that an animal is in a certain place means you are necessarily going to bag it two hours later when you get there.

[catnthehat]

Originally Posted by Okotokian

If you don't have a licence or right to hunt I would think it's illegal. However, there is nothing illegal at all with phoning your friend and saying "Wow Fred, what a lovely day. I just saw an awesome bull moose on the north side of range road 231. Quite a sight! Anyway, take it easy!"

Exactly, where dos one section f the act stop and aother start?
There are so many "what ifs" that one cannot say for sure one way or the other, each instance has to be looked at, which is what investigations are for.
Myself, I am not worried at all about phoning some9ne I know tha has a lisence if I see an anmal in a legal shooting situation.
Cat

[Eze]

senario:

A guy has a deer tag. Out driving around. sees a bull moose that is on draw only, laying in a field. He calls a friend who has a draw tag, and waits for him to come to the location and watchers him shoot the moose.

Ilegal or not? I think not legal

[Tracker34]

Originally Posted by catnthehat

Exactly, where dos one section f the act stop and aother start?
There are so many "what ifs" that one cannot say for sure one way or the other, each instance has to be looked at, which is what investigations are for.
Myself, I am not worried at all about phoning some9ne I know tha has a lisence if I see an anmal in a legal shooting situation.
Cat

X2.

[duffy4]

elkhunter said:

If the question is only asking if the use of a phone is legal to be used for communication for the purpose of hunting, and no aircraft is involved, then that is legal, and that is what I was answering in my original reply.

The original post could be broken down into a 2 part question.

1. can I provide a friend with information as to the location of a moose?

2. can I use a cell phone to provide information to a friend concerning a hunting situation?

I agree with elkhunter that the use of a cell phone would not be illegal to provide hunting information in this case.

However the other part of the question, requires more information. I think most have assumed that the OP did not have a moose hunting permit for the area or the time. And his friend did. It would seem that the OP was doing something that could fall under the definition of "Hunting" (as quoted above) so it may not be legal.

[walking buffalo]

The OP was not hunting. The person the OP phoned was not hunting when the call was made.

It would be more than a bit of a stretch to call this illegal.

Originally Posted by walking buffalo

The OP was not hunting. The person the OP phoned was not hunting when the call was made.

It would be more than a bit of a stretch to call this illegal.

While I agree that it would be a huge stretch.....it still seems to me that a prosecutor could make a case that it was indeed hunting. It's not like the guy didn't know his buddy had a moose tag and he was obviously keeping an eye out for a moose (searching if you will) and he communicated that info so his buddy could come kill the moose. Seems like we have all the elements of hunting. I can't see charges ever being laid but I know I've been surprised before. Common sense says he wasn't hunting but sense isn't always that common in the Wildlife Act. Likely one of those things that goes on all the time but likely one of those things it's best not to tell too many people about. Fun to discuss on a messageboard but not so fun if you found yourself in court.....whether you were found innocent or not.

[Nait Hadya]

in the situation described,the caller would be seen as having participated in the hunting of that particular animal. if in fact his buddy did arrive and killed it. it clearly states you are allowed to be involved in a hunt only for certain purposes,without being licensed.

having said that, i suspect many of you are quite guilty of participating in someone elses hunt with out having the required license. that fact that many do it, does not make it legal.

if the situation involved a limited entry hunt (sheep) and other people(friends,relatives) did the boot work and spotting that would create an unfair advantage against other hunters and the sheep, it should be illegal and the book should be thrown at anyone who does such. although if you do it under the guise of a business,you can employ many methods that create an unfair advantage over an individual hunter.

what some of you are saying is that F&W can't prove it, your just driving around the trunk roads,sightseeing. it's no different than baiting deer on your property all summer,then hunting that location during the season. or having barbed hooks on your line when you know there is no around to catch you doing wrong. it's a lie that willl eventually catch up with you. not a very good image to portray on a public hunting site.


JMHO,not to be construed as legal advise or council.

[Nait Hadya]

Originally Posted by sheephunter

While I agree that it would be a huge stretch.....it still seems to me that a prosecutor could make a case that it was indeed hunting. It's not like the guy didn't know his buddy had a moose tag and he was obviously keeping an eye out for a moose (searching if you will) and he communicated that info so his buddy could come kill the moose. Seems like we have all the elements of hunting. I can't see charges ever being laid but I know I've been surprised before. Common sense says he wasn't hunting but sense isn't always that common in the Wildlife Act. Likely one of those things that goes on all the time but likely one of those things it's best not to tell too many people about. Fun to discuss on a messageboard but not so fun if you found yourself in court.....whether you were found innocent or not.

if they were able to get a video of the hunt, identify the individuals,check the records and find that only one hunter was licensed. hmmm interesting. then someone would have to ask, if you are not a licensed guide nor licensed hunter can you tag along,spot,size,estimate range,identify the biggest, indicate where the miss was,ie high or low..... you see where im going with this...

Originally Posted by Nait Hadya

if they were able to get a video of the hunt, identify the individuals,check the records and find that only one hunter was licensed. hmmm interesting. then someone would have to ask, if you are not a licensed guide nor licensed hunter can you tag along,spot,size,estimate range,identify the biggest, indicate where the miss was,ie high or low..... you see where im going with this...

Truthfully I have zero interest where you are going with it Nait.

[HunterDave]

The cellphone is the red herring in this discussion.

Originally Posted by HunterDave

The cellphone is the red herring in this discussion.

Touching my nose in agreement!

[Eze]

Originally Posted by Nait Hadya

if they were able to get a video of the hunt, identify the individuals,check the records and find that only one hunter was licensed. hmmm interesting. then someone would have to ask, if you are not a licensed guide nor licensed hunter can you tag along,spot,size,estimate range,identify the biggest, indicate where the miss was,ie high or low..... you see where im going with this...

I see caught on tape lol. iam sure cell phones come into use alot but looks 100% legal to what iam hearing and watched on tv

maybe the tv show i watched should be investagated and let the truth of the law or ( how the regs are inturperated) come to an end. Legal or Not Not sure if i worded this right but i hope you get the drift lol

[H380]

Originally Posted by Nait Hadya

in the situation described,the caller would be seen as having participated in the hunting of that particular animal. if in fact his buddy did arrive and killed it. it clearly states you are allowed to be involved in a hunt only for certain purposes,without being licensed.

having said that, i suspect many of you are quite guilty of participating in someone elses hunt with out having the required license. that fact that many do it, does not make it legal.

if the situation involved a limited entry hunt (sheep) and other people(friends,relatives) did the boot work and spotting that would create an unfair advantage against other hunters and the sheep, it should be illegal and the book should be thrown at anyone who does such. although if you do it under the guise of a business,you can employ many methods that create an unfair advantage over an individual hunter.

what some of you are saying is that F&W can't prove it, your just driving around the trunk roads,sightseeing. it's no different than baiting deer on your property all summer,then hunting that location during the season. or having barbed hooks on your line when you know there is no around to catch you doing wrong. it's a lie that willl eventually catch up with you. not a very good image to portray on a public hunting site.


JMHO,not to be construed as legal advise or council.

If this is the case then I guess kids who are under legal hunting age and are not licenced can't accompany Dad on his hunting trip right ?