7 minute read

It all boils down to access

By Lori Larsen

With hunting season now fully underway, hunters around the province will be looking for that prime location where they can get the most out of their hunt. However, that may not be as easy as it sounds.

Camrose and District Fish and Wildlife Enforcement Service (FWES) District Officer Lorne Rinkel commented, “In my opinion, by far, the hardest part of hunting is getting access.”

The following information is provided to help educate recreational land users on the different land descriptions and the laws/ regulations regarding access to each.

Private Land

Private land is generally defined as any land that is owned by individuals or corporations other than the government. Access to private land by recreational land users continues to be a topic of conversation between landowners and FWES officers.

In 2004, amendments to the Petty Trespass Act prohibited access to private land by recreational land users without first obtaining permission from the landowners or occupier of the private land.

“There is no onus on private landowners to post (put signs up) or fence their land,” explained Rinkel. “If it is private, it is private and hunters (or any recreational land users) have to ask–period.”

Rinkel said that despite not having to post or fence private land, he still encourages landowners to post their land. “Legitimate hunters will see the ‘No Hunting’ signs and then go ask, but there are some unethical hunters who, if they don’t see signs, may end up entering without permission.”

He also advised landowners, where safe and possible to do so, to obtain licence plate numbers from the trespassers’ vehicles. “We can initiate an investigation based off a licence plate number. There is no need for the landowners to approach or go after the trespassers, in fact, we discourage it.”

The penalty for trespassing on private land without permission includes a $600 fine and loss of game (harvested while trespassing), with no hunting licence suspension. cating “no access/trespassing/hunting”.

“If it is privately owned land and touches where the residence (home quarters) is, then that is occupied,” explained Rinkel, adding that virtually all land within the Camrose district falls under the definition of occupied.

The penalty for trespassing on occupied land includes a monetary fine, accessible by all recreational users, most commonly through foot access, all users are reminded that access to public lands is a privilege contingent on respectful use and responsible conduct.

“We don’t have a lot of public lands in our county,” noted Rinkel. “However, people still need to be aware that most of that public land is subject to

Lori Larsen, Camrose Booster

Even if private land is not posted or fenced, recreational land users must always get permission to access the land.

Occupied land

Occupied lands are defined in the Wildlife Act as: (a) privately owned lands under cultivation or enclosed by a fence of any kind and are not exceeding one section in area on which the owner or occupant actually resides, and, (b) any other privately owned land that is within 1.6 km (1 mile) of the section referred to in clause (a) and that is owned or leased by the same owner or occupant.

In accordance with the Wildlife Act Section 38, no person shall hunt wildlife or discharge firearms on or over occupied lands, or enter onto such lands for the purpose of doing so without the consent of the owner or occupant.

As is the case with privately owned land, occupied lands described in the Wildlife Act do not need to be posted with signs indiseizure of game harvested while trespassing, and a one-year suspension of hunting licence.

Rinkel said the main reason penalties for hunting on occupied lands are greater boils down to public safety, reminding hunters that under the Wildlife Act, it is also an offence to discharge a firearm within 183 metres (200 yards) of an occupied dwelling. The Criminal Code has further legislation regarding the general unsafe discharge or use of weapons in any given area, and persons possessing firearms are reminded to ensure they are carrying a valid PAL (Firearms Possession and Acquisition License) or be accompanied by a licensed firearms owner.

Public (Crown) lands

While public/Crown lands (land owned by the federal or provincial governments) are generally lease, generally to graze stock. Even though it is technically public land if it is leased, recreational users are still required by law to contact the leaseholder to ask for permission before entering.”

Detailed maps, leaseholder contact information and access conditions to public lands are available through the Recreational Access Mapping tool on the Alberta Environment and Parks website at: recagpublicland.alberta.ca or by telephoning 310-3773. There are also a variety of apps available for download that contain detailed information.

Leaseholders may limit or deny access to agricultural leased (public) land if: • the person accessing is not on foot or wishes to camp, • livestock are present, • a crop has not yet been harvested, or • a fire ban is in effect.

If recreational users do not ask permission to access leased land, they can be charged and face penalties up to $500.

Disputes over access to public lands are handled by a Public Lands officer.

Rinkel further explained that aside from the reasons listed above for denying access to leased lands, the leaseholder can also put conditions on or restrict access on leased (public land) through a Recreational Access Management Plan, which is drafted and submitted to Environment and Parks Public Lands in an effort to manage the land through a lottery system. “There are very few in Alberta.

Road allowances can also be used to access public lands, normally public waterbodies.

“Road allowances are owned by the municipality, and some are developed (66 feet wide) to accommodate a possible future highway,” explained Rinkel. “Road allowances in and of themselves can be used to access public lands, but they are not always well defined.”

As is the case with access to any type of land, users are asked to use respect: pack out all litter and do not damage the land or property, park vehicles so they are not blocking access points, leave gates as they were found, and do not light fires without the landowners’ or lease holders’ permission.

Residents are reminded that contacting a FWES officer can be done through the 24/7 Report A Poacher (RAP) line at 1-800-6423800 or online at www. alberta.ca/report-poacher. aspx#jumplinks-3. It should noted because FWES is now housed under Alberta Sheriffs Branch, the call will be dispatched through the Sheriff’s Operational Control Centre, then electronically dispatched to the FWES officer.

Chronic Waste Disease program continues to monitor deadly disease

By Lori Larsen

Alberta hunters are reminded of the important role they play in the ongoing annual Chronic Wasting Disease (CWD) surveillance program.

CWD is a prion (type of protein that can trigger normal proteins in the brain to fold abnormally, causing neurodegenerative disorders) disease that kills members of the deer family, including mule deer, white-tailed deer, elk, and moose, and is fatal for the animal in all cases. There is no known treatment or vaccine for the disease.

Because CWD is difficult to control once established, prevention is key. The CWD program closely monitors the possibility of infected animals through submissions of deer heads for testing by hunters.

The 2021-22 CWD program focuses on designated areas along the eastern border and the northern and western perimeter of the CWD-affected area.

Submission of deer heads is mandatory in eastern Alberta from Cold Lake south to the United States border and some Wildlife Management Units (WMU) for mule deer. Voluntary submission is recommended in all other WMUs.

Deer heads can be submitted at any of the 24-hour freezers available in eastern Alberta from late October to mid-December. Instructions for submitting and materials are provided at each freezer. Hunters can also submit frozen heads at any of the Fish and Wildlife offices that have regular office hours.

For more information on submitting deer heads for CWD testing, check the 2021 Alberta Guide to Hunting Regulations (alberta regulations.ca/2021-AlbertaHunting-Regulations.pdf), or the Province of Alberta website www.alberta.ca/ chronic-wasting-diseaseinformation-for-hunters. aspx#jumplinks-2.

Since 2005, the total number of CWD cases detected in wild deer in Alberta currently sits at 3,585.

According to the Province of Alberta website (www.alberta.ca/chronicwasting-disease-overview. aspx#jumplinks-0), currently there is no evidence that CWD infects livestock or humans. Transmission occurs from deer to deer and, in certain situations, may involve environmental contamination.

While Alberta Health accepts the current advice from local and international public health officials that CWD is not known to infect humans, it is recommended that persons should not knowingly consume meat of animals with the disease. Hunters concerned about CWD should contact Alberta Health authorities.

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