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10-27-2016, 10:18 AM
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Join Date: Sep 2015
Location: Southern Alberta
Posts: 1,786
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This has been a fun thread to follow...my read would be:
If you are hunting on land which you would be considered a trespasser, you are then hunting illegally, thus making you a poacher.
I feel like a dead horse today (lost a bet with my Oiler-fan buddy), so you may as well beat me.
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Common sense is so rare these days, that it should be considered a super power.
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10-27-2016, 10:25 AM
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Join Date: Dec 2008
Location: Camrose
Posts: 45,116
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Quote:
Originally Posted by waterninja
Lefty has already posted one example, and I will try to find more. I know I have read a paragraph about poaching, and how it is defined in AB, but it could also have been in an ACA or AFGA pamphlet. That wouldn't make it a law, but frankly i respect what they have to say (mostly), more then what politicians who write the regs have o say.
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Wrong! In Lefty's example the person was not charged with "poaching". He was charged with hunting on occupied lands without permission. You won't find a case of someone being charged with "poaching" in Alberta, because no such charge exists in Alberta.
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Only accurate guns are interesting.
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10-27-2016, 10:27 AM
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Join Date: Jan 2013
Location: onoway, Ab
Posts: 6,982
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If i am walking on Leftys land without permission i am trespassing. If i am walking on Leftys land without permission and i shoot a moose for which i have a license, i just poached a moose. Poaching is basically anything done that is illegal while hunting.
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10-27-2016, 10:29 AM
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Join Date: Dec 2010
Location: Look behind you :)
Posts: 27,780
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Quote:
Originally Posted by Smokinyotes
If i am walking on Leftys land without permission i am trespassing. If i am walking on Leftys land without permission and i shoot a moose for which i have a license, i just poached a moose. Poaching is basically anything done that is illegal while hunting.
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Now I know where my moose went
LC
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10-27-2016, 10:32 AM
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Join Date: Dec 2008
Location: Camrose
Posts: 45,116
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Quote:
Originally Posted by Lefty-Canuck
Now I know where my moose went
LC
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And since he wasn't wearing orange, you never saw him take it.
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Only accurate guns are interesting.
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10-27-2016, 10:34 AM
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Join Date: Sep 2015
Location: Southern Alberta
Posts: 1,786
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Quote:
Originally Posted by Lefty-Canuck
Now I know where my moose went
LC
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Great segway into the declining moose population thread
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Common sense is so rare these days, that it should be considered a super power.
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10-27-2016, 11:09 AM
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Banned
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Join Date: Aug 2011
Location: edmonton
Posts: 11,434
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Quote:
Originally Posted by elkhunter11
Wrong! In Lefty's example the person was not charged with "poaching". He was charged with hunting on occupied lands without permission. You won't find a case of someone being charged with "poaching" in Alberta, because no such charge exists in Alberta.
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SIGH..... here we go again. You said the WORD "poacher" or "poaching" would not be found. Lefty provided us an example that the word can be found. Your Sasquatch theory just left the bldg.
As for the definition of poaching, why don't we just say that it is whatever you say it is. I need a fresh coffee.
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10-27-2016, 11:21 AM
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Join Date: Dec 2010
Location: Look behind you :)
Posts: 27,780
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Quote:
Originally Posted by waterninja
SIGH..... here we go again. You said the WORD "poacher" or "poaching" would not be found. Lefty provided us an example that the word can be found. Your Sasquatch theory just left the bldg.
As for the definition of poaching, why don't we just say that it is whatever you say it is. I need a fresh coffee.
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Lol....no not found in the offences,
On February 12, 2014, a Bonnyville district area man appeared in Cold Lake Provincial Court to enter a guilty plea for all charges related to the hunting violations.
Hunting during a closed season - $1,000 fine and a 12-month recreational hunting licence suspension
Hunting on occupied land - $172 fine and an additional 12-month recreational hunting licence suspension
Ineligible person obtain and hold licence - withdrawn
LC
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Last edited by Lefty-Canuck; 10-27-2016 at 11:34 AM.
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10-27-2016, 11:50 AM
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Banned
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Join Date: Aug 2011
Location: edmonton
Posts: 11,434
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Quote:
Originally Posted by Lefty-Canuck
Honestly I don't even know if you will find the word "poaching" in the wildlife act, I don't know if there is a specific charge with the word "poaching" in it.
From the wildlife act,
(2) No person shall hunt any wildlife or discharge any firearm on or over occupied land or enter on occupied land for the purpose of doing so, without the consent of the owner or occupant of it.
BUT That being said....
Semantics guys...on private property you don't belong for a walk, no weapon and not hunting...trespassing.
Hunting on private land without permission, with a weapon whether you are licensed or not...poaching.
The wildlife act was changed a few years ago to beef up the charge because the petty trespass act didn't have enough teeth.
Another source,
Poaching is the illegal taking of wildlife, in violation of local, state, federal or international law. Activities that are considered poaching include killing an animal out of season, without a license, with a prohibited weapon, or in a prohibited manner such as jacklighting. Killing a protected species, exceeding one's bag limit or killing an animal while trespassing are also considered to be poaching.
RAP- report a poacher, not RAT- report a trespasser
LC
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You did make one interesting observation Lefty. It is called RAP not RAT. At the same time you and elk are going to great lengths to prove that there is no such thing as "poaching" in the regs or wildlife act. This begs the question why call it RAP at all? The last letter does not stand for anything according to you.
Anyways, this discussion has run it's course for me, though I will try to find the word "poacher" or "poaching" somewhere for Elk.
By the way, they do it a little differently in BC......RAPP Report a Poacher or Polluter.
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10-27-2016, 12:15 PM
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Join Date: Dec 2010
Location: Look behind you :)
Posts: 27,780
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Quote:
Originally Posted by waterninja
You did make one interesting observation Lefty. It is called RAP not RAT. At the same time you and elk are going to great lengths to prove that there is no such thing as "poaching" in the regs or wildlife act. This begs the question why call it RAP at all? The last letter does not stand for anything according to you.
Anyways, this discussion has run it's course for me, though I will try to find the word "poacher" or "poaching" somewhere for Elk.
By the way, they do it a little differently in BC......RAPP Report a Poacher or Polluter.
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You are missing the point Ninja...it's a goose chase to find the word poaching in a statute in Alberta, but that doesn't take away from certain activities falling under the "umbrella definition" like the ones I posted from a dictionary.
Poaching is a activity, that falls under a definition. But is not "specifically defined" in any Alberta statute because the meaning is too broad, hence there are separate offences that are poaching yet they are not specifically named in the statutes as such.
Hope that helps you in your quest.
LC
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10-27-2016, 12:25 PM
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Join Date: Jul 2007
Location: Drumheller
Posts: 2,666
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as a hunter and not the landowner, your first and ONLY phone call should be the landowner. As the hunter you cannot press trespassing charges, that can only come from the landowner.
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10-27-2016, 12:29 PM
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Join Date: Sep 2008
Location: As far out of town as I can get
Posts: 944
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Quote:
Originally Posted by Bergerboy
Kinda what Im thinking. I catch you on land I have exclusive permission on, you wont come back.
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X2
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10-27-2016, 12:42 PM
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Join Date: Mar 2012
Posts: 1,920
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Won't come back
Quote:
Originally Posted by Bergerboy
Kinda what Im thinking. I catch you on land I have exclusive permission on, you wont come back.
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I would love to see that in video.
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10-27-2016, 12:42 PM
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Join Date: Jun 2009
Location: Rocky Mtn Hse
Posts: 3,006
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Quote:
Originally Posted by waterninja
SIGH... Are you still beating that dead horse Dave? I thought we explained to you in simple words that yes you are allowed to park your vehicle and stalk an animal that you saw from said vehicle, as long as all other regs. and laws are followed. Just because you spotted it from your vehicle does not mean it isn't fair game.
Heck, depending on your location and the type of road your on you can often shoot right from the road or from the ditch. You really need to study a little more. Have you never picked up a reg book when getting a license? They are free to everyone.
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With all the sighing your doing you better be careful you don't hyperventilate Ninga. For a guy with the record amount of "here's another Regulation question" threads, you would think you would have it all figured out by now..... Then there are all of your "changing the regulations" threads to suit your standard of hunting. If you haven't figured it out yet, there aren't a lot of guys who share your standard of hunting, and ideas on how things should be.
Get out and get hunting, just don't put your sup doe tag on an w/t with one horn that's 4 inches long
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10-27-2016, 12:50 PM
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Join Date: Dec 2008
Location: Camrose
Posts: 45,116
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Quote:
Originally Posted by diamonddave
With all the sighing your doing you better be careful you don't hyperventilate Ninga. For a guy with the record amount of "here's another Regulation question" threads, you would think you would have it all figured out by now..... Then there are all of your "changing the regulations" threads to suit your standard of hunting. If you haven't figured it out yet, there aren't a lot of guys who share your standard of hunting, and ideas on how things should be.
Get out and get hunting, just don't put your sup doe tag on an w/t with one horn that's 4 inches long
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Well stated! I believe that several of us remember the thread that you refer to about the supplementary tag being used on an antlered deer And I do believe that most people would consider tagging a deer with the wrong tag to be poaching.
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10-27-2016, 12:56 PM
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Banned
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Join Date: Aug 2011
Location: edmonton
Posts: 11,434
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The quest continues. Just wanted to show you guys that the word poaching and poacher does appear in the regs. There are even some examples of what poaching is. As you can see, trespassing is not listed, but if a person wanted to report a trespasser to RAP instead of the police, I suppose it might be appropriate at times. IMG_1204.jpg
Sent from my iPhone using Tapatalk
This is just one example. More to come. I guess I just shot Sasquatch right Elk? lol
Last edited by waterninja; 10-27-2016 at 01:02 PM.
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10-27-2016, 01:02 PM
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Join Date: Dec 2010
Location: Look behind you :)
Posts: 27,780
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Quote:
Originally Posted by waterninja
The quest continues. Just wanted to show you guys that the word poaching and poacher does appear in the regs. There are even some examples of what poaching is. As you can see, trespassing is not listed, but if a person wanted to report a trespasser to RAP instead of the police, I suppose it might be appropriate at times. Attachment 126899
Sent from my iPhone using Tapatalk
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Yup your photo reiterates exactly what I said above, too broad a definition...the regs are not a statute.
LC
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Last edited by Lefty-Canuck; 10-27-2016 at 01:20 PM.
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10-27-2016, 01:09 PM
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Join Date: Dec 2008
Location: Camrose
Posts: 45,116
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Quote:
Originally Posted by waterninja
The quest continues. Just wanted to show you guys that the word poaching and poacher does appear in the regs. There are even some examples of what poaching is. As you can see, trespassing is not listed, but if a person wanted to report a trespasser to RAP instead of the police, I suppose it might be appropriate at times. Attachment 126899
Sent from my iPhone using Tapatalk
This is just one example. More to come. I guess I just shot Sasquatch right Elk? lol
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That is a pretty feeble attempt. To start with, that statement does not appear in the Wildlife Act, and it is not part of any legislation. It is not even under the definition part of the regulation booklet. The statement reads that poaching includes those offenses, but nowhere does it say that it is limited to those offenses. The statements lists examples, but they weren't about to take up a full page listing every single example of poaching.
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Only accurate guns are interesting.
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10-27-2016, 01:27 PM
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Banned
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Join Date: Aug 2011
Location: edmonton
Posts: 11,434
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Quote:
Originally Posted by elkhunter11
That is a pretty feeble attempt. To start with, that statement does not appear in the Wildlife Act, and it is not part of any legislation. It is not even under the definition part of the regulation booklet. The statement reads that poaching includes those offenses, but nowhere does it say that it is limited to those offenses. The statements lists examples, but they weren't about to take up a full page listing every single example of poaching.
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Now now, don't be a poor loser elk. It's from the regs, and the words appear.
Besides like I said, there is more to come.
Or do you think I created the page with my potato stamp kit and take a pic of it? Think I'll make a mount of Sasquatch. roflao
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10-27-2016, 01:46 PM
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Join Date: Dec 2008
Location: Camrose
Posts: 45,116
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Quote:
Originally Posted by waterninja
Now now, don't be a poor loser elk. It's from the regs, and the words appear.
Besides like I said, there is more to come.
Or do you think I created the page with my potato stamp kit and take a pic of it? Think I'll make a mount of Sasquatch. roflao
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Correction, it is from an advertisement printed in the Guide to the Hunting Regulations Booklet. The actual regulations are listed in the Wildlife Act, so no, the words do not appear in the actual regulations. If you go to page 11 of the 2016 booklet, there is a disclaimer informing people that the booklet is not a legal document, and it is not a listing of the actual regulations.
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Only accurate guns are interesting.
Last edited by elkhunter11; 10-27-2016 at 01:52 PM.
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10-27-2016, 01:53 PM
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Join Date: Jun 2009
Location: Rocky Mtn Hse
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Pretty sure you we're all wasting out time typing out arguments that can not be comprehended. Time to get out there and find my 2x3 elk to put in the freezer!!
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10-27-2016, 02:06 PM
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Banned
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Join Date: Dec 2009
Location: Copperhead Road, Morinville
Posts: 19,290
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Quote:
Originally Posted by mulecrazy
as a hunter and not the landowner, your first and ONLY phone call should be the landowner. As the hunter you cannot press trespassing charges, that can only come from the landowner.
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Absolutely. Around here there are a lot of people with the same last name and it's been my experience that cousin Billy-Bob will hunt Uncle Joe's land without asking for permission. Calling authorities without discussing it with the landowner could backfire on you. Besides, I think that it's a little bold to make these type of decisions for the landowner. It's not your land.
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10-27-2016, 02:08 PM
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Banned
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Join Date: Aug 2011
Location: edmonton
Posts: 11,434
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Quote:
Originally Posted by elkhunter11
Correction, it is from an advertisement printed in the Guide to the Hunting Regulations Booklet. The actual regulations are listed in the Wildlife Act, so no, the words do not appear in the actual regulations. If you go to page 11 of the 2016 booklet, there is a disclaimer informing people that the booklet is not a legal document, and it is not a listing of the actual regulations.
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Sorry Elk. Semantics. Those words appear in the 2016 Hunting regs. Whether you think they are actual law is besides the point. Sasquatch sighting has been confirmed.
This has been fun. And informative.
Now for more fun. Time for the flu shot.
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10-27-2016, 02:16 PM
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Join Date: Dec 2009
Posts: 10,224
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Quote:
Originally Posted by waterninja
Sorry Elk. Semantics. Those words appear in the 2016 Hunting regs. Whether you think they are actual law is besides the point. Sasquatch sighting has been confirmed.
This has been fun. And informative.
Now for more fun. Time for the flu shot.
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Demand the mercury free dose.
__________________
Alberta Fish and Wildlife Outdoor Recreation Policy -
"to identify very rare, scarce or special forms of fish and wildlife outdoor recreation opportunities and to ensure that access to these opportunities continues to be available to all Albertans."
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10-27-2016, 02:28 PM
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Join Date: Dec 2008
Location: Camrose
Posts: 45,116
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Quote:
Originally Posted by waterninja
Sorry Elk. Semantics. Those words appear in the 2016 Hunting regs. Whether you think they are actual law is besides the point. Sasquatch sighting has been confirmed.
This has been fun. And informative.
Now for more fun. Time for the flu shot.
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It's not whether I think that the material in the Guide To The Hunting Regulations is actual law, it's what the people that printed the guide are stating in the disclaimer that matters. They added the disclaimer to warn the people that don't know any better, that the information in the guide is not the actual legislation.
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10-27-2016, 03:00 PM
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Banned
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Join Date: Aug 2011
Location: edmonton
Posts: 11,434
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Quote:
Originally Posted by walking buffalo
Demand the mercury free dose.
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??????? Too late. Done deal.
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10-27-2016, 03:02 PM
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Banned
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Join Date: Aug 2011
Location: edmonton
Posts: 11,434
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Quote:
Originally Posted by elkhunter11
It's not whether I think that the material in the Guide To The Hunting Regulations is actual law, it's what the people that printed the guide are stating in the disclaimer that matters. They added the disclaimer to warn the people that don't know any better, that the information in the guide is not the actual legislation.
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Tell it to the Judge.
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10-28-2016, 09:17 AM
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Join Date: Dec 2009
Posts: 10,224
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Ninja and those that thought that hunting while trespassing is not poaching....
The law was changed in 2011 to specifically define this action as illegal.
To help our waternymph in his search, the regulation is in here.
Alberta Wildlife Act Regulation
https://www.canlii.org/en/ab/laws/re...&resultIndex=2
__________________
Alberta Fish and Wildlife Outdoor Recreation Policy -
"to identify very rare, scarce or special forms of fish and wildlife outdoor recreation opportunities and to ensure that access to these opportunities continues to be available to all Albertans."
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10-28-2016, 11:43 AM
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Join Date: Dec 2010
Location: Look behind you :)
Posts: 27,780
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Quote:
Originally Posted by waterninja
Now now, don't be a poor loser elk. It's from the regs, and the words appear.
Besides like I said, there is more to come.
Or do you think I created the page with my potato stamp kit and take a pic of it? Think I'll make a mount of Sasquatch. roflao
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LMAO....Samaurai of the sea, you realize this wasn't a "word hunt" game. If it was here I'll help with finding the word "poacher" a couple more times
LC
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10-28-2016, 12:29 PM
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Join Date: Dec 2012
Location: At the end of the Thirsty Beaver Trail, Pinsky lake, Alberta.
Posts: 24,586
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Quote:
Originally Posted by waterninja
Quite honestly it seems that any discussion about hunting/fishing/ (sometimes trapping) turns into a squabble. I prefer to call them "lively discussions", or even "heated debates".
I quite enjoy them from time to time. You can even learn new stuff. I think the main reason for all the arguments is that some people add their own interpretations to a reg, or simply interpret a reg the way they would like it to be.
It doesn't help that some of the regs are written so poorly that they are open to all kinds of interpretations, and some regs simply make no sense at all.
As long as it doesn't sink to the level of personal attacks or name calling, I think it's a good thing.
So carry on boys and girls. Please explain to me why that because I take my seatbelt off while driving on the ice when ice fishing (which is illegal) that that must also make me a poacher.
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You take your seatbelt off I'm telling!
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