The issue of using airplanes to assist Maine hunters in pursuit of moose made the news recently. The Bangor Daily News revealed in a front page story that Maine’s Conservation Commissioner, Patrick McGowan, was the subject of a “federal probe” after allegations were made that McGowan used his airplane illegally to help moose hunters.

Although McGowan was “cleared of any wrongdoing,” according to a press statement issued last week by the U.S. Fish and Wildlife Service, the federal spokesman did not address the other underlying questions. They are: 1) Who wasn’t telling the truth? 2) Why was somebody trying to ruin McGowan?

We may never know. Meantime, the issue is an interesting one that, for me, raises two general questions:

1.) Does spotting game from an airplane constitute fair chase?

2.) Is the current state law on aerial-assisted hunts ambiguous, or too subject to varying interpretations?

Let’s take the most interesting one first. Most of us sportsmen, especially those of us who don’t own a Super Cub or an Aeronca, would not have to scratch our heads very long over this one. One of the challenges of any hunt is to find the quarry and outwit it on its own turf. If you and I are flying tight circles at 500 feet over Lazy Tom Bog and, with the use of a radios, pinpointing for our buddy on the ground a bull moose’s location, that, to my way of thinking, does not fit into the fair-chase equation. Conceivably, though, a countering argument could be mustered. What about a hawk or an eagle circling over its prey and then dive bombing and pouncing onto an unsuspecting rabbit in a clear-cut? Nature at work; an aerial-assisted hunt that must be fair chase, right?

Fair-chase issues always boil down to a matter of ethics, and, ethics, like philosophy, is always subject to interpretation. What about deer hunters communicating with one another on hand-held radios about deer movements and locations? Does this practice constitute fair chase? Radios are legal for hunters in Maine, but not in some states. I’ve used them with my hunt companions, and find them a useful and practical tool for the hunt and for hooking up with fellow hunters for a lunch break. I confess, though, that I think radios in the hands of deer hunters pushes the envelope when it comes to fair chase.

Now, what about question number two, the aerial hunting law? McGowan told me that there can only be a violation of the Federal law if the pilot is relaying GPS coordinates to hunters on the ground. Conversely, the Maine state law is really lacking in specifics. It states: “A person on the ground or airborne may not use aircraft to aid or assist in hunting big game (deer, bear, moose).”

Like so many fish and game laws, this one is subject to interpretation by the warden at the scene and, ultimately a judge in the courtroom.

A pilot uses his plane to drive (scare) a moose and move it within range of hunters at the other end of a clear cut. Is that a violation? You would think so. One warden told me of a case where an outfit hired an airplane for the whole week of the moose hunt. The pilot would fly early every morning then land and have breakfast with the hunters and talk about moose locations. Is this a violation of state law? Augusta reportedly told the warden that it “was not a problem.” Perhaps not, but does this practice fit your concept of fair chase?

Difficult questions, all with legal and ethical dimensions. And, of course, the march of technology gives the modern sportsmen, fisherman and hunter, a whole new set of ethical ponderables when it comes to deciding what is fair chase and what is not.

V. Paul Reynolds is editor of the Northwoods Sporting Journal. He is also a Maine Guide, co-host of a weekly radio program “Maine Outdoors” heard Sundays at 7 p.m. on The Voice of Maine News-Talk Network (WVOM-FM 103.9, WCME-FM 96.7) and former information officer for the Maine Dept. of Fish and Wildlife. His e-mail address is [email protected].