Assisting in a Hunt without a Tag

[HunterDave]

This has been hashed out before and I have searched the forum and found numerous threads about pushing the bush for someone but no actual examples of someone ever having been charged for participating in a hunt without a tag for the targeted species.

It appears that many hunters on here interpret the Alberta Wildlife Act the same way as I do and that it is illegal to assist in a hunt without being licensed for the targeted species.

The Wildlife Act seems pretty clear to me that pushing the bush for someone is participating in a hunt:

(o) “hunt” means, subject to subsection (6), with reference to
a subject animal,
(i) shoot at, harass or worry,
(ii) chase, pursue, follow after or on the trail of, search
for, flush, stalk or lie in wait for,
(iii) capture or wilfully injure or kill,
(iv) attempt to capture, injure or kill, or
(v) assist another person to hunt in a manner specified in
subclause (i), (ii), (iii) or (iv) while that other person
is so hunting;

(2) A person shall not be regarded as having hunted a subject
animal
(a) for the purposes of subsection (1)(o)(ii), if
(i) the person was not carrying a weapon, and
(ii) the purpose of the person’s activity was restricted to
watching, photographing, drawing or painting a
picture of the animal,

A fella posted screenshots on another forum of a reply that he received from "Alberta Fish and Wildlife Enforcement" that looks legit to me and his answer informed him that pushing the bush without a license is legal. In a nutshell it stated that technically, a person pushing the bush is "guiding" the hunter and if the person guiding is not receiving compensation it is not illegal to assist (guide) the hunter, and the person guiding the hunter does not need a hunting license or a guide designation. Also, "If the person assisting the hunter by pushing game is not licensed to hunt the game animals that are being hunted, they are legal to assist so long as they (the pusher) are not (themselves) injuring or killing the animal."

If this is accurate this is a game changer for myself and many people that I know.

Does anyone know of any cases of someone getting charged with assisting in a hunt without a license? I'm looking for facts and not really interested in anyone's interpretation of the law unless you are an Alberta Fish & Wildlife Enforcement Officer. Thank you.

[dmcbride]

Nothing wrong with pushing bush for bunnies or coyotes.

[HunterDave]

Originally Posted by dmcbride

Nothing wrong with pushing bush for bunnies or coyotes.

Yes, I know that there are ways around it but I'd like to know what the actual law is.

There must be a site somewhere that lists the different types of wildlife offences and how many hunters were charged with them.

[FinnDawg]

Seems a bit silly if it is illegal.

[freeride]

I had a question regarding someone coming with me on a hunt. I sent an email and explained what would be happening and if it was legal. Had a fast response and could print off the email from a legal source to bring with me, vs what someone else thought.

Specific questions about the Alberta Hunting Regulations
may be addressed to*Alberta Environment and Parks - Information Centre

[freeride]

Sorry here is the email

AEP.Info-Centre@gov.ab.ca

[Talking moose]

We may have to call in walking buffalo for this one....

[Sledhead71]

The wildlife act is very clear. How anyone interprets it, including CO's is mute when your convicted by a judge. The judge has no skin in the game and will follow the regulations / act where it clearly states what you have asked and the intent.

[Father of five]

Originally Posted by HunterDave

The Wildlife Act seems pretty clear to me that pushing the bush for someone is participating in a hunt:

(o) “hunt” means, subject to subsection (6), with reference to
a subject animal,
(i) shoot at, harass or worry,
(ii) chase, pursue, follow after or on the trail of, search
for, flush, stalk or lie in wait for,
(iii) capture or wilfully injure or kill,
(iv) attempt to capture, injure or kill, or
(v) assist another person to hunt in a manner specified in
subclause (i), (ii), (iii) or (iv) while that other person
is so hunting;

(2) A person shall not be regarded as having hunted a subject
animal
(a) for the purposes of subsection (1)(o)(ii), if
(i) the person was not carrying a weapon, and
(ii) the purpose of the person’s activity was restricted to
watching, photographing, drawing or painting a
picture of the animal,
.

I think the law needs a rewrite

If I didn’t get drawn this year and my 12 year old son did the law clearly states I can’t hunt with him I can’t glass for animals (search) I can’t sit on the hill side with him and see what comes by (lie in wait for) etc.

I don’t believe this is the intent of the law but that’s the way it’s written

[Buckhorn2]

Originally Posted by Father of five

I think the law needs a rewrite



If I didn’t get drawn this year and my 12 year old son did the law clearly states I can’t hunt with him I can’t glass for animals (search) I can’t sit on the hill side with him and see what comes by (lie in wait for) etc.



I don’t believe this is the intent of the law but that’s the way it’s written

You can watch as long as you have no weapon. Read section 2. With no weapon it would be hard to pin you with hunting. It needs a rewrite for sure. Pushing bush with no weapon, is walking in the woods not hunting.


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[Father of five]

Originally Posted by Buckhorn2

You can watch as long as you have no weapon. Read section 2. With no weapon it would be hard to pin you with hunting. It needs a rewrite for sure. Pushing bush with no weapon, is walking in the woods not hunting.


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Read section 2 I’m not an artist and that what it applies to

Like I say the law needs a rewrite

[lead chucker]

What if I have an elk tag and my partner has a moose tag in the same zone, does that mean that I can't assist him in his moose because I dont hold a moose tag?and the same for him with my elk? Or are we both good because we both hold valid licenses in that zone?

[obsessed1]

Originally Posted by lead chucker

What if I have an elk tag and my partner has a moose tag in the same zone, does that mean that I can't assist him in his moose because I dont hold a moose tag?and the same for him with my elk? Or are we both good because we both hold valid licenses in that zone?

I was holding a valid WT tag and bow licence but the answer I got was I could not call for my buddy hunting Elk cause I did not have a valid Elk tag. Like I have said I don't agree with the rules the way they are printed. But it's possible to be charged if the CO decides to as they are the rules like them or not.

[walking buffalo]

Originally Posted by Talking moose

We may have to call in walking buffalo for this one....

This is pretty simple.

The Fuzz could hammer you if they wanted to with the way the law is written.
They simply have made a "policy" decision in general not to.


But when they want to....

People are not charged with "assisting" on a hunt, they are charged with specific infractions for hunting illegally such as not having a licence to pursue that subject animal. We see these charges all the time in the local rags Poaching piece.


Or when they enter your vehicle without a warrant....


And that response potentially from Enforcement in the OP.
I hope that isn't real. What a redickulous spin.... absolutely no connection to actual law. I hope the author was part of the government Pot testing program when writing this.

[lead chucker]

Originally Posted by obsessed1

I was holding a valid WT tag and bow licence but the answer I got was I could not call for my buddy hunting Elk cause I did not have a valid Elk tag. Like I have said I don't agree with the rules the way they are printed. But it's possible to be charged if the CO decides to as they are the rules like them or not.

That's crazy! What's the point of hunting camp then? These laws are just plain stupid

[Flight01]

Originally Posted by Father of five

I think the law needs a rewrite

If I didn’t get drawn this year and my 12 year old son did the law clearly states I can’t hunt with him I can’t glass for animals (search) I can’t sit on the hill side with him and see what comes by (lie in wait for) etc.

I don’t believe this is the intent of the law but that’s the way it’s written

It does seem off. I feel like if any of the above was done while in possession of a gun or bow then it would be an infraction. But how do you teach a kid to call or rattle or how to track in the bush on a still hunt or to follow up wounded game?

[Buckhorn2]

If the other person has no weapon he is not hunting. Ive never heard of anyone getting charged with assisting a hunt. Your son daughter can accompany you for sure. Your friend who enjoys being out in the woods is allowed to sit with you while you wait for animals. You can teach your son or daughter how to call or track animals even. Hunting happens when you have a weapon and are looking for an animal. If you have no weapon you are just enjoying nature. No licenses needed for that yet. My cousin comes with me often. My daughter comes with me. I let my 3 year old call moose. The only thing they could possibly charge a person with would be harassing wildlife. I dont agree with your partners pushing bush licensed or not but thats a personal belief. But it is legal so i dont care if others do it. The day i or my friends get charged with enjoying the outdoors together wether there is 20 of us and only one tag. Or 2 of us with one tag is the day ill cut up my guns. As long as the person with the tag is doing the shooting i have no issues with sharing the outdoors with everyone.


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