BC Conservation Officer Service

Access Management Compliance and Enforcement Program (AMCEP) October/November Report

Compiled by Conservation Officer Patricia Burley October 1-November 15, 2014

Galton AMA October 30, 2014

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Introduction

The October/November Access Management Compliance and Enforcement Program (AMCEP) Report is the fifth and final monthly report for the 6 month period for 2014 completed by Conservation Officer (CO) Burley. This is the third year that CO Burley has been the designated Access Guardian in the Elk Valley from May 15-Nov 15. The AMCEP was developed in 2009, but did not have a set contract until 2011 for a potential 5 year commitment. CO Burley’s priority focus is on the Access Management Areas (AMA’s) for the 6 month period within the Regional District of East Kootenay’s Electoral Area A. Currently, the AMCEP is the only Conservation Officer (CO) position in all of British Columbia. Thank you to the RDEK, Columbia Basin Trust, other stakeholder groups and the Communities of Fernie, Sparwood and Elkford for making the essential program a success. The following information is some highlights from the months of October and November.

October and November had proven to be the busiest hunting season of CO Burley’s career. For Fernie, Elkford, Sparwood, Elko and Grasmere there was a total of 47 Report All Poachers and Polluters (RAPP) violation complaints and an additional 20 files forwarded directly to the Fernie CO’s by cell or email. A total of 80 human wildlife conflict complaints were made through the RAPP line and many more were forwarded directly to the CO’s. During the busy fall hunting season the CO’s try to patrol AMA’s to make contact with backcountry users to ensure there is compliance with regards to the regulations. During October and November the CO’s were inundated with complaints where most of their time was spent with reactive responses, instead of proactive. CO Burley accumulated a large number of AMA complaints including a number of files that can be followed up during the winter season. CO Burley investigated a significant complaint that has resulted in search warrants and information for court procedures. The elk hunting season was when most of the illegal hunting in AMA’s took place (September to October).

Some of the educational aspects that CO Burley has been delivering include topics such as Section 75 of the Wildlife Act which states that if a person kills or wounds wildlife, either accidentally or for protection of life or property, that person must promptly report the killing or wounding of the wildlife to an officer.

Also, if a hunter makes a mistake and kills an animal that is not legal and reports himself, he is generally dealt with in a much less severe manner than the person who shoots an illegal animal and does not report it and is subsequently caught. To ensure that legitimate mistakes are treated as such, it is important that if an accident happens a call is made as soon as possible to the Conservation Officer Service (COS) in order to report the accidental killing of wildlife.

Since the rifle season opened on September 10, the COS has investigated ten self-reported hunters who have shot five point bull elk. This is an illegal size; they have to be six point or greater or within certain regions spike bulls from September 10 to September 19. Although mistakes do happen, it is appreciated when hunters come forward and admit their honest

2 mistake. It is also a reminder to make sure you are 100 per cent sure of the animal’s size and species before pulling the trigger. It is not worth walking away from an animal because of being scared of the consequences. Too many animals are being shot and wasted. We are looking for the public’s assistance to report any further wildlife violations. The Fernie Rod and Gun Club would also like to remind the public that they will be offering a $1,000 reward for any information leading to a conviction of wildlife infractions.

One example where we are asking for help is on September 30 at 1830 a dark red older model pickup truck was pulled over on Highway 3 east of the Sparwood Transfer Station. The suspect, a male described to be in his mid-twenties to thirties, shot and killed a five point bull elk within the No Shooting area of the District of Sparwood (Figure 1 and 2). The suspect told people that he would self-report the illegal size elk to the COS. This individual never made the report to officials, meaning that the elk was wasted in the bush. If the suspect had brought the violation forward to the Report All Poachers and Polluters Hotline (RAPP) then the animal would have been used at the Salvation Army. If this individual or the public has further information on this violation and would like to come forward, they can by calling the RAPP number (1-877-952- 7277).

Figure 1: Shot and left 5X5 bull elk within the District of Sparwood.

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Figure 2: Location off Hwy 3 west of Sparwood where the 5X5 elk was shot.

The following information describes illegal activity where other hunters have not come forward within the East Kootenay’s.  September 27 – A five pt. bull elk was shot and left off the Bull River Forest Service Road onto the West Sulphur Rd at the three to four km mark.  September 28 – A five pt. bull elk was shot and left off of the Big Sand Creek Rd.  September 28 – The possible shooting and improper disposal of a white tail buck southwest of Grave Lake within Grave Prairie AMA.  Between September 28 and October 2 — An adult sow grizzly bear was shot and killed beside a 7 pt. bull elk off of the Fording Hwy, northeast of Elkford. It is suspected that a hunter came across the grizzly and shot it in self-protection. Please come forward if this was you.  October 2 – A white tail deer doe was shot and left near Beese Road in Hosmer. The deer was located in an area that looked to be hidden intentionally.  October 6 – A mule deer doe was shot and left northeast of Elkford near Round Prairie.  Late September – A five pt. bull elk was shot and left in the Lost Dog area.  Late September – A five pt. bull elk was shot and left in the Premier Ridge area.  Late September – A five pt. bull elk was shot and illegally taken from the LP Ranch Rd near Kimberley. There have been an additional ten self-reported illegal mule deer and elk files with another five shot and left.

Alexander Creek AMA was patrolled during October. During one of the patrols CO Burley came across an illegal gun range that was being built in an unsafe location (Figure 3). The suspect was not only driving into a non-motorized portion of the AMA (Hydro line), but was also cutting live trees for their line of sight. Cutting live trees is illegal under the Forest Range and

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Protection Act. This is an extremely dangerous area to target practice as the person would be shooting directly into the thick forest without a safe backdrop. CO Burley disassembled the targets and left a note for the suspect. It was noted for them to self-report themselves as they were in the non-motorized closure. This is an ongoing file. CO Burley did not encounter a large number of hunters within this AMA, but did observe tracks driving into the closed areas. The gate on Deadmans Pass will still be constructed by Canfor, along with new ATV ditches in the late spring of 2015.

Figure 3: Alexander Creek AMA; view into treeline where someone built an illegal gun range.

Three complaints were made to CO Burley in October regarding illegal motorized access within Weigert Creek AMA. This AMA is an ecologically sensitive area for wildlife. All types of wildlife live in this area, some of which rely heavily on the protection from human harassment of motorized vehicles. One area in particular that is seeing the abuse more than ever before is the west access trail. On the west access trail just past the sawdust pile/landing the open trail ends; it also intersects Weigert Creek (Figures 4 and 5). The signs at this location keep getting ripped down; volunteers have helped to post them high up and out of reach from other recreationists. A bridge was built across the creek last fall which ATV’s use to access the closed area into mountain goat terrain. There is no issue with the hunters and hikers that are walking in this area, but the people with ATV’s are not legally allowed to use the trail past the creek. Snowmobiles are exempted in the AMA during the winter, but not for hunting (East Kootenay – snowmobiles cannot be used for hunting). The bridge will be removed next season as it is not permitted with the appropriate government officials.

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Figure 4 and 5: Photo’s submitted by the public, closed trail within Weigert Creek AMA.

Figure 6: Weigert Creek AMA, view from a non-motorized landing (Lookout Trail in the clear cut).

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A complaint was text messaged to CO Burley regarding two hunters on ATV’s that were witnessed driving up a closed road within Wigwam Flats AMA on October 10th. The witness said the group was camped within the area so she would most likely intersect the hunters. CO Burley responded to the complaint where she was able to meet the two hunters suspecting of driving up the closed road. The hunters admitted to driving on the closed road, Frank Creek (Figure 7), which had an AMA sign posted. A statement was taken and a violation ticket and warning ticket was issued to the hunters. They were educated and given the Outdoor Access Guide as they were not from the area.

Figure 7: Wigwam Flats AMA, Frank Creek-non motorized road.

Corbin AMA was fairly quiet this hunting season. The CO’s have some ongoing investigations pertaining to vehicles witnessed in the motorized closure. The majority of Corbin AMA (Figure 8) was previously Tembec land which has now been sold to a private land owner. There has been logging taking place throughout the AMA, which is sometimes hard to manage between workers with permits or other people entering the non-motorized areas. CO Burley patrolled the Corbin area on October 31; she did not intersect any hunters.

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Figure 8: Corbin AMA.

The month of November is the busiest month for hunters in the Galton Range AMA. The Galton Range borders Hwy 93 on the east side of the highway south of the Elk River. It includes twelve mountain drainages with access into six drainages. It is a popular area for hunters as it is a migration route for deer. Mule deer (4pt only) were open until November 10th. After November 10th the season for whitetail deer continued and an LEH sheep draw opened. CO’s from Cranbrook and Fernie patrolled this area throughout October and November. On October 30th CO Burley patrolled the AMA with her new Sgt, Cam Schley. During that patrol they came across a number of violations. One of the encounters was with a truck driving out of the year round closed road; Meth Gorrie. The Meth Gorrie Road had motorized abuse starting in the early hunting season where ATV’s and UTV’s were driving around the gate. A member of the public had blocked that access, but within a weeks’ time to October 30th, someone cut the metal piece of the gate that allows officials to lock it (Figure 9). It was very disappointing for the CO’s to discover this as they would have to rely on the public’s help to weld it back together so that the gate could be locked again. As the CO’s were looking for a trail camera location along the road a truck was intersected driving out of the road towards them. There were two hunters in the vehicle. They were educated and issued a violation ticket for driving on the closed road ($230). The CO’s continued to the Red Canyon Drainage where they intersected hunters in a vehicle driving out of another closed area. They were issued a violation ticket for a loaded firearm and a warning ticket for the AMA closure and an incorrect cancelled species licence. The Outdoor Access Guide is always given out to hunters in the AMA’s. CO Burley patrolled the area again on November 7th and 13th. An open liquor ticket was given out to a hunter when patrolling with CO Deboon. She also checked two sheep hunters with the sheep LEH draw for Phillips Creek Pass. One hunter was aware of who CO Burley was from reading an article that came out in September in the East Kootenay Outdoors 2014 edition by FJ Hurtak.

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The article can be viewed on Page 8 of the Elk Valley Herald: http://www.elkvalleyherald.ca/pdf/Sep10,2014-ElkValleyHerald.pdf

Sheep Mountain AMA is another AMA that is patrolled during this time of year. It is a smaller AMA that has an abundance of wildlife and hunters. CO Garay patrolled near the farm field off of Cutt’s Road where he found someone driving out of the non-motorized field. He issued the hunters one AMA violation ticket and one warning ticket. CO Garay also posted signs in the area which had been ripped down. CO Burley was hunting in the area in November on her personal time when she witnessed a red pickup truck driving into the closed farm field. She was not able to get a plate number. This is a frustrating issue for real outdoor enthusiasts and CO’s, as she was going to walk that area that was now disrupted from a vehicle that is not legally allowed to be in there.

Figure 9: Galton Range AMA; Meth Gorrie Road-Someone cut the metal attachment off the yellow gate so that the gate could not be locked. You can see the AMA closure sign in the background.

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Figure 10: Galton Range, Phillips Pass.

CO Burley and CO Deboon patrolled Burton Creek Motor Vehicle for Hunting Closed Areas (MVHCA) near Elko (Figure 11). It was reported to them that the sign had been missing for some time. They did not check any hunters in the area, but were able to post a sign at the landing which is the start of the closed area for hunters (motorized vehicles). A MVHCA (formerly known as Vehicle Area Hunting Closures VAHC’s) are designated areas where the operation of all motor vehicles to hunt, transport wildlife, transport equipment and supplies which are intended for or in support of hunting, or to transport hunters to or from is illegal. The MVHCA’s near Electoral Area A are Burton Creek, Little Big Sands Creek, McDermid and Windfall Creek.

There are Recreation Sites and Trails BC non-motorized trails within the Elk Valley that CO Burley is also responsible for and responds to. The legislated non-motorized trails are Aldridge Creek, Boivin (north and south trail), Hornaday Pass Trail, Weary Creek, Mount Hosmer, Three Sisters, Mount Fernie, Mount Proctor, Fairy Creek and Mountain Lakes Trail/Heiko’s. There are a number of stakeholder groups that are responsible for the maintenance of the trails; Hornaday Wilderness Society, Elkford Nordic Club and the Fernie Trails Alliance. The Hornaday Pass and Boivin Trails get the most motorized abuse during the summer and fall seasons.

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Figure 11: Burton Creek MVHCA.

A Hearing took place at the Fernie Court House on November 20th for a 6pt bull elk that was seized by CO Burley in the District of Elkford on September 21. The elk was shot within the No Shooting area of the District of Elkford. The Application for the Hearing was defended by CO Garay who represented CO Burley by explaining the legal right for seizing the 6pt elk (unlawful harvest) to the Judge. In the end the application by the accused to retain the illegal elk was denied by the Judge as he believed that the CO Service did their job accordingly (ownership resides with the Crown).

CO Burley took part on a decoy project within the East Kootenay’s on October 11th. Hunters were intersected who were violating the Wildlife Act and Firearm’s Act. There were three separate files that were created that day for hunters shooting at an animal from a vehicle, having loaded firearms and shooting from a highway. Shooting a firearm from a vehicle and a highway is extremely dangerous; there is a zero tolerance for these kinds of actions. Hunters are to review page 13 of the Hunting Synopsis that explains highway closures.

An article titled ‘Access Guardian program seeks five years of funding’ was written in the Fernie Free Press for the November 23rd issue. The RDEK Electoral Area A Director, Mike Sosnowski, approached the Communities of Fernie, Sparwood and Elkford regarding support for another five years of the AMCEP. The AMCEP current five year contract ends in 2015. The Communities voted in support of the AMCEP in the Elk Valley to continue from 2016-2021, this is great news. At this time there has not been a signed MOA with the RDEK and COS. The article can be viewed online at: http://www.thefreepress.ca/news/283631041.html

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The Outdoor Access Guide (OAG) has been a successful tool in helping educate and inform the public within the Crownest Pass and East Kootenays on Electoral Area “A” AMA Maps. CO Burley has been able to garnish $4700 to go towards the 2014 edition of the Outdoor Access Guide from local Clubs and Stakeholder groups. The Elkford ATV Club, Fernie Trails Alliance, Fernie Rod and Gun Club, Sparwood Fish and Wildlife Association, Elkford Rod and Gun Club, Teck Coal and BC Recreation and Trails have contributed money towards the magazine. The new Outdoors Access Guides were distributed to vendors and stakeholder groups in Elkford, Sparwood, Fernie, Elko, Grasmere, Jaffray and Cranbrook. They are also available online at: www.env.gov.bc.ca/kootenay/eco/accessmaps.htm

Statistics

Figure 12: Current Summary of total time in 2014 spent in the field up to November 30, 2014.

Figure 13: Current Summary of statistics up to November 30, 2014. The filtered numbers are for the months of October/November.

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Figure 14: Current Summary of total outreach provided to the public up to November 30, 2014.

It should be noted that Officer Presence is calculated as the time Officer(s) were physically present in an AMA, it does not account for travel.

People that are educated are defined as COS discussing specific AMA facts and requirements for which the person in question was previously unaware. It should be noted that the Access Guardian Program and general AMA facts are discussed with more than 80% of contacts.

Summary

During the months of October and November the CO’s checked 125 hunters and 22 others. A total of 138 people were educated on AMA’s. CO Burley also responded to emails, phone calls and personal visits at the office from the public with questions regarding the AMA’s during the hunting season. The word is spreading throughout the Province that CO Burley is the Access Guardian and is being utilized to help educate people before they start their hunts within the AMA’s.

The CO’s in the Fernie office have spent more time in the field patrolling as they can utilize their remote rugged lap tops to complete computer work while still being within an AMA. When the CO’s are in high visible areas, the public has been stopping to chat with them. Numerous wildlife complaints have come to the CO’s attention this way.

CO Burley’s time was also spent following up with Human Wildlife Conflict Reports (HWCR) when other CO’s were not available. Fortunately it was a good year for fewer grizzly and black bear conflicts within the area. Normally black bears roam into the communities in late August and find attractants that they should not be able to find (garbage cans). Because the CO’s were not over run with problem bears complaints this fall they were able to respond to most hunting complaints that came to their attention. CO Burley has been adding her time to the 2014 Excel spreadsheet when working on AMA investigations, the Outdoor Access Guide and working on the AMA Reports.

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The 2011-2014 monthly AMCEP reports and yearly summaries are now available online for the public to read. They can be viewed at the following website: http://www.env.gov.bc.ca/kootenay/eco/accessmaps.htm

The people in the East Kootenay’s have such a great opportunity to explore the beauty of the Rockies which provides a variety of recreational experiences. CO Burley is enjoying making contact with all these user groups and will continue to build a better understanding to the public of the laws and regulations that are built around them.

If you have any questions or concerns about the October/November AMA Report or questions for CO Burley, she can be contacted at:

RAPP 1-877-952-7277 Desk 250-423-4264 Cell 250-423-1888 [email protected] 1621A 10th Avenue P.O Box 2877, Fernie, BC, V0B1M0

The Conservation Officer Service is a public safety provider focussed on natural resource law enforcement and human wildlife conflicts prevention and response. Our Vision: To be a progressive and respected leader in environmental compliance and enforcement, shared stewardship and public safety. The Conservation Officer Service Motto is: Integrity, Service and Protection

Please see the attached Excel 2014 Stats for more detail of the Access Guardian’s patrols and outreach efforts from January to December, 2014.

Maps

To reduce document size, AMA maps have not been included in this report. If required maps of individual AMAs are available from two sources, the Ministry of Environment website (www.env.gov.bc.ca/kootenay/eco/accessmaps.htm) and the Hunting Regulations Synopsis. The hunting synopsis is available in print and online (www.env.gov.bc.ca/fw/wildlife/hunting/regulations/). The maps available from the MOE website are in colour and contain much greater detail.

An i-phone Application is available for the public called PDF Maps which can be used with the Access Management Maps from the BC Government online site. The smart phone application is free and is user friendly. A blue indicator shows if you are within the AMA, no cell service is needed. Open and closed roads, along with the different AMA boundaries are all incorporated into the program. The public can find instructions on how to download the maps at: http://www.env.gov.bc.ca/kootenay/eco/access.htm

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