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SPRING 2006 : YOU
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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