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« SPRING 2006YOU AND THE LAW : 
   
by Ken B. Ness, Provincial Enforcement Specialist, Sask Environment

Too Close To Homes: Hunting Within 500 Meters

IN SASKATCHEWAN there is a growing trend for some folks to move out of the towns and cities, and into the country. Many of these acreage dwellings are hidden away just off the roadways, or tucked away behind tree lines, not in clear view of passersby. Sometimes the violators make an “honest” mistake and don't realize there is a house close by, but other times they can't resist the temptation to shoot at the game close to the residences. Many landowners put up signs stating “Occupied Buildings - No Hunting Within 500 Meters”, as a reminder to hunters. It's very common, especially during the white-tailed deer season for our TIP line to receive a good number of calls from folks living in rural Saskatchewan, who see hunting activity near their residences, or hear shots being fired close by.

November 29th, 1998 is a day that Mrs. “Smith” (not real name) will never forget. On that date, very similar to other days, she departed her farmhouse south of Spiritwood, SK, and began walking her two young school aged children to meet the school bus. Suddenly the air was pierced by two high-powered rifle shots very close by. She hustled the children back to the house, jumped in her vehicle, and checked things out. As it turned out, there were two hunters from North Battleford who had never been in that particular area before; they had seen deer in a field as they were driving by on the highway, drove in closer and began shooting at the deer. The hunters shot and killed a deer 130 meters away from her farmhouse. Obviously, Conservation Officers had no choice but to lay Wildlife Act charges on these two individuals, for hunting within 500 meters of occupied buildings.

Section 13(2) of the Wildlife Regulations state: “ no person shall hunt any wildlife within 500 meters of a building, stockade, or corral that is occupied by persons or livestock without the consent of the owner of the building, stockade or corral.” Persons charged for this offence face a $450 fine. Some hunters have the wrong idea that they can hunt within 500 meters of occupied buildings, stockades, or corrals, just as long as they don't shoot within 500 meters of the occupied buildings, stockades, or corrals. The definition of “hunting” under The Wildlife Act is: “taking, wounding, killing, chasing, pursuing, worrying, capturing, following after or following on the trail of, searching for, shooting at, trapping, setting snares for, stalking or lying in wait for any wildlife, or attempting to do any of those things, whether or not the wildlife is then or subsequently captured, wounded or killed.” So for example, if hunters are carrying rifles and “pushing bush” 200 meters from a farm house without permission, and haven't fired a shot, they are in violation. I also recall a situation where a hunter advised the conservation officer, “I wasn't shooting at a deer. I was just shooting at a coyote”, referring to four rounds he had just fired within 200 meters of a farmhouse. Note section 13(2) makes it a violation to shoot at any wildlife within 500 meters of occupied buildings, stockades, or corrals.

The good news is if you see a covey of Hungarian partridge or even a deer near a farmyard, you can make a quick visit to the landowner and see if he/she will grant you permission to hunt within the 500 meter area of his house. If the answer is yes, you're good to go. No doubt the landowner will remind you of safety considerations before they grant you permission.
Another section that comes into play here is Section 38 of The Wildlife Act: “No person in possession of a firearm for the purpose of hunting shall discharge or cause to be discharged or handle the firearm without reasonable consideration for persons or property without due care or attention.” If conservation officers determined, for example, that the hunters were shooting towards buildings or persons, this section would also apply. Violators charged under this section do not have the option of sending in a voluntary payment, as there is a mandatory court appearance. Because it's a violation respecting hunting safety, the minimum fine is $1300. In very extreme cases charges can be laid under the Criminal Code for dangerous use of a firearm.

Conservation Officer Bill Bone, who presently works out of the Enforcement & Investigations Section in Prince Albert told me a story the other day that drives home this point. When he was stationed in Hudson Bay in the late-90's, a person living a few miles out of Hudson Bay called the TIP line while hiding under the kitchen table because shots were being fired so close to his house by night hunters.
Those are the type of violators that we definitely want to apprehend - the ones who blatantly break the law. Night hunting and hunting too close to residences ... what a terrible combination! Officer Bone advises they did manage to bring that case to a successful conclusion.

Landowners in rural Saskatchewan appreciate hunters who are respectful of landowner rights and safety. The best advice conservation officers can provide to hunters is to be familiar with the areas that you plan to hunt. Put yourself in the landowner's shoes. Another tip is to really think about how far 500 meters is. To put it into perspective, five Canadian football fields (not counting the end zones) laid out end-to-end measures 550 yards, which when converted to metric is 503 meters. As we all know, the vast majority of hunters are true sportsmen, but there is a segment who choose to violate. If you're a hunter, in all ways be respectful of landowner rights.

If you're a resident of rural Saskatchewan reading this article, have the TIP number posted near your phone and call us if you see or hear a violation of hunting within 500 meters of occupied buildings or corrals, or any other hunting infraction.  

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