Hunters and Trespassers
What follows below clears up a number of misconceptions or questions with regard to third party hunters and private land access rights. It is gleaned from the Alberta Guide to Hunting Regulations and from Fish and Wildlife representatives during a Provincial Crime Watch Association meeting.
It is clear that hunter trespassing is a problem in Alberta. For other than criminally-minded poachers, it is usually the result of two things: a lack of planning on the part of the hunter, and buck fever where a hunter’s good senses are temporarily overcome by the prospect of an animal opportunity right in front of them.
Every year, on average, there are upwards of 200 prosecutions under the Wildlife Act and Petty Trespass Act related to hunting trespass in Alberta. Cases are usually instigated by landowners and Fish and Wildlife will definitely investigate every complaint.
To help with the investigation it is best to obtain a licence plate, vehicle description and any other pertinent information that is then recorded and provided to the investigating officer. Date, time, description of the individual(s) will also help toward a successful prosecution.
Trespassers are armed, and while most hunters are good people, if they are trespassing their integrity may be compromised so don’t confront trespassing hunters. Safely gather information at a distance. Then your best bet is to call your local Fish and Wildlife officer the Report a Poacher line 1-800-642-3800. Reports can also be made online through the Report A Poacher website.
Landowners have very powerful rights. They:
– Have 100% control over access to lands they own.
– Can put restrictions on where to hunt, what species to hunt and other aspects of granting permission a landowner deems important.
A posted No Hunting sign is a general notice to the public; however a landowner can still allow selected people to hunt on posted land. If land is fenced or cultivated it is obviously private land and it does not have to be posted.
With regard to leased Crown Land such as grazing leases, access is governed by the Public Lands Act and the Recreational Access Regulations. It is a recreational user’s responsibility to contact the leaseholder and discuss the current conditions of access before arriving at agricultural public land. It is a leaseholder’s responsibility to allow reasonable recreational access. Both parties must work together to respect the land and follow the Recreational Access Regulation. You can find more information on this topic at alberta.ca/AgriculturalPublicLand
As with fee simple landowners, a lease holder can put conditions when granting access for such things as the presence of livestock, vehicle use, overnight stays, and campfires.
If a wounded animal enters your land, there is an implied duty for the hunter to pursue and kill the animal. However, it is also the legal duty of the hunter to get permission for access to the land. A landowner can refuse permission – landowner rights are paramount and he has total control of access. It should be noted that the landowner cannot shoot a wild wounded animal unless they have a valid hunting licence or specific permission from Fish and Wildlife.
A landowner should keep good written records of permission given including any conditions, time limits on access and the number of people allowed as hunters. Good written records protect landowners and provide very valuable evidence in court. Above all it is imperative to have good and clear discussions and communication with anyone to whom you grant hunting access.
One of the items that should be made clear is how long hunting access is granted not just the specified period of time access is granted during a hunting season, but also if it is limited to the present year or some other timeframe. Hunters may assume that once permission has been granted it remains in place for perpetuity. Be sure to make it very clear that access permission is only good for one year or whatever timeframe you agree to grant.
It should be noted that guides and outfitters need to identify themselves as such when seeking hunting permission on private land.
Indigenous people do not have a given right to hunt on private land without permission. The landowner has complete jurisdiction over his/her land.
The practice of good hunters is to post a written notice on their vehicle window that they have permission to hunt and from whom. It is even better if the landowner has a form that he can fill out and give to the hunter to post in his vehicle.
Dave Schroeder
HCRCWA Board Member
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