A legal question on duck hunting.

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A legal question on duck hunting.

Postby FreedomHunter » Sun Jan 12, 2014 5:15 pm

So I have a quick question. I know you cannot wrangle ducks ( try to pod them up and hunt them ) and I know you cannot shoot a boat under its own power ( Boat has to be stopped from its own power with key off ), but my questions is it legal to run up on ducks, not shoot at the ones flying off scared by me running up on them, make sure the boat is off and wait for the ones that are under to come up and shoot them? Kind of like jump shooting I guess. Here is my issue, wouldn't that be in a since wrangling the ducks or is it because the ducks are underwater and you are not shooting the ones flying off at first?

I am trying to figure out the difference in jump shooting them such as chasing them that way on foot or a canoe and what I am asking about.

Also chasing cripples? Does the boat still have to be off if you are trying to finish your wounded birds?
The reason I ask is because I have chased crippled Ruddy's (don't know why they are just a really tough bird) and doing so there have been other birds that were still under and popped up. I got my cripple today but had plenty of opportunity to shoot others that came up during the process.
Last edited by FreedomHunter on Sun Jan 12, 2014 5:21 pm, edited 1 time in total.
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Re: A legal question on duck hunting.

Postby jakefromflorida » Sun Jan 12, 2014 5:18 pm

Whak is your best bet on this.

But my .02, is no matter how... Regardless, if the boat is in motion... It's illegal, regardless of it's orientation. Hope I understood your question correctly?
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Re: A legal question on duck hunting.

Postby FreedomHunter » Sun Jan 12, 2014 5:22 pm

Can you explain your answer for my benefit. Truly not trying to argue with you just want to know your interpretation. Such as no matter how the boat is in motion, including wind?
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Re: A legal question on duck hunting.

Postby FreedomHunter » Sun Jan 12, 2014 5:25 pm

Fwc 2013-1014 Migratory Game Bird Regulation

http://myfwc.com/media/2657128/Migrator ... ations.pdf

From or by means of any motorboat or other craft
having a motor attached, or any sailboat, unless
the motor has been completely shut off and/or the
sails furled, and its progress there from has ceased
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Re: A legal question on duck hunting.

Postby tmclaimerFL » Sun Jan 12, 2014 5:29 pm

Straight form the regulations: "From or by means of any motorboat or other craft having a motor attached, or any sailboat, unless the motor has been completely shut off and/or the sails furled, and its progress there from has ceased."
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Re: A legal question on duck hunting.

Postby jakefromflorida » Sun Jan 12, 2014 5:30 pm

Your last comment should answer your own question...


The vessel has to not only have it's motor shut off, but also has to come to a complete stop. The birds orientation is what I'm talking about, regardless if it's under water, flying, or swiming... If the boat is in motion, it's illegal to discharge a firearm at game.


Whaknstak again is your best answer.
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Re: A legal question on duck hunting.

Postby tmclaimerFL » Sun Jan 12, 2014 5:31 pm

For the OP on rallying, "By means or aid of any motor driven land, water,
or air conveyance, or any sailboat used for the purpose of or resulting in the concentrating, driving, rallying, or stirring up of any migratory bird."
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Re: A legal question on duck hunting.

Postby FreedomHunter » Sun Jan 12, 2014 5:46 pm

Yeah I understand the motor being completely stopped and actually think the bigger issue with this question is this,

"By means or aid of any motor driven land, water,
or air conveyance, or any sailboat used for the purpose of or resulting in the concentrating, driving, rallying, or stirring up of any migratory bird."


Sure you can shut the motor off and be completely stopped before some of these birds come up, but you technically are driving and rallying up onto the ducks which is concentrating them even though you are not shooting those particular ducks flying. You did drive up on them, which includes the ones that are underwater. This is now pretty much clear that even though you are not running and moving up on ducks and shooting them on the move, you are stirring them up (very vague language "stirring them up", means the officer can have is own interpretation and discretion).

Now the first part of the question is answered, what about your cripples. I have shot more than a few where they hit the water and dive immediately under and come back up way out of range. I don't have a dog and these guys go under and come back up 50 yards +. If I have a chance of a misdemeanor charge I am not chasing these things with my boat.
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Re: A legal question on duck hunting.

Postby tmclaimerFL » Sun Jan 12, 2014 5:51 pm

FreedomHunter wrote:Yeah I understand the motor being completely stopped and actually think the bigger issue with this question is this,

"By means or aid of any motor driven land, water,
or air conveyance, or any sailboat used for the purpose of or resulting in the concentrating, driving, rallying, or stirring up of any migratory bird."


Sure you can shut the motor off and be completely stopped before some of these birds come up, but you technically are driving and rallying up onto the ducks which is concentrating them even though you are not shooting those particular ducks flying. You did drive up on them, which includes the ones that are underwater. This is now pretty much clear that even though you are not running and moving up on ducks and shooting them on the move, you are stirring them up (very vague language "stirring them up", means the officer can have is own interpretation and discretion).

Now the first part of the question is answered, what about your cripples. I have shot more than a few where they hit the water and dive immediately under and come back up way out of range. I don't have a dog and these guys go under and come back up 50 yards +. If I have a chance of a misdemeanor charge I am not chasing these things with my boat.

It is very vague I agree. I always have wondered if you come across birds and cut your motor and they dont jump for a minute or so. When they leave the water you shoot em then. Is that considered rallying as well if your vessel has ceased movement and the birds have not lifted off the water?
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Re: A legal question on duck hunting.

Postby whaknstak » Sun Jan 12, 2014 6:02 pm

You cannot shoot any waterfowl from a vessel that is moving as a result of any type of power. You're momentum from the motor must be completely stopped before you can pull the trigger. Paddling and/or drifting do not constitute under power. Cripples are no different. If your vessel is moving as a result of your motor, when you pull the trigger your in violation.

If you were to ride up close enough to a group of birds, shut your motor off and not scare them away, and then shoot after you boat came to rest or paddle/pole closer, that would not be a violation. There is no set distance you must be from the birds, only that you can't shoot them under power.

Rallying is running through birds in an attempt to make them get up and keep flying. People will do this to push birds to friends/other hunters. There is no intent to shoot. This is also herding or driving wildlife.

see fac 68A 12.002
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Re: A legal question on duck hunting.

Postby whaknstak » Sun Jan 12, 2014 6:11 pm

tmclaimerFL wrote:
FreedomHunter wrote:Yeah I understand the motor being completely stopped and actually think the bigger issue with this question is this,

"By means or aid of any motor driven land, water,
or air conveyance, or any sailboat used for the purpose of or resulting in the concentrating, driving, rallying, or stirring up of any migratory bird."


Sure you can shut the motor off and be completely stopped before some of these birds come up, but you technically are driving and rallying up onto the ducks which is concentrating them even though you are not shooting those particular ducks flying. You did drive up on them, which includes the ones that are underwater. This is now pretty much clear that even though you are not running and moving up on ducks and shooting them on the move, you are stirring them up (very vague language "stirring them up", means the officer can have is own interpretation and discretion).

Now the first part of the question is answered, what about your cripples. I have shot more than a few where they hit the water and dive immediately under and come back up way out of range. I don't have a dog and these guys go under and come back up 50 yards +. If I have a chance of a misdemeanor charge I am not chasing these things with my boat.

It is very vague I agree. I always have wondered if you come across birds and cut your motor and they dont jump for a minute or so. When they leave the water you shoot em then. Is that considered rallying as well if your vessel has ceased movement and the birds have not lifted off the water?


Nope. It's legal. No different than if you decided to set up there and hunt. Once you quit moving, any birds that fly in range are fair game.
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Re: A legal question on duck hunting.

Postby FreedomHunter » Sun Jan 12, 2014 6:15 pm

Thanks guys, I just don't think this is going to be worth trying with the vague language and interpretations that can be seen from LEO through Binoculars. To much there that could be he said she said. What really sucks is the cripple thing. Now I am going half to figure out how to get them. Blue bills aren't to much of a problem but ruddy's, yeah I see this being almost impossible.
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Re: A legal question on duck hunting.

Postby whaknstak » Sun Jan 12, 2014 6:17 pm

FreedomHunter wrote:Thanks guys, I just don't think this is going to be worth trying with the vague language and interpretations that can be seen from LEO through Binoculars. To much there that could be he said she said. What really sucks is the cripple thing. Now I am going half to figure out how to get them. Blue bills aren't to much of a problem but ruddy's, yeah I see this being almost impossible.



When I chase cripples, we motor up into shotgun range, kill the motor, and wait for our momentum to cease. Once the vessel is completely stopped we finish them off.
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Re: A legal question on duck hunting.

Postby tmclaimerFL » Sun Jan 12, 2014 6:46 pm

I can always count on you Mitchell.


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Re: A legal question on duck hunting.

Postby jakefromflorida » Sun Jan 12, 2014 6:49 pm

As for cripples, I personally wait if I seen it was a legit shot. They do and will bleed out/die off. Now if it's the obvious wing folding back from a shot, then the pursuit begins.
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Re: A legal question on duck hunting.

Postby SWAMPMAN2 » Tue Jan 14, 2014 2:24 pm

If you feel you have to chase ducks to shoot them maybe you should take up A new sport like hunting at A zoo were it is really easy to shoot something.YOU KNOW that chasing ducks and shooting them is wrong so don't even ask :fingerpt: :fingerpt: :fingerpt:
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Re: A legal question on duck hunting.

Postby FreedomHunter » Wed Jan 15, 2014 2:57 pm

If its legal to do then why do you care so much? Caging pigs in pins, hunting deer with dogs, and chasing tails from red fish on the flats could all be considered by one person or another to be wrong, but if its legal than people do it. I didn't post this thread for the high and mighty to judge one person or the next about right and wrong. This thread was posted about being legal or not and the language of the law as it is written. As prior LEO I would like to know the meaning of what is written down. Maybe you don't but this is why I would tell someone ignorance is no excuse after they were in cuffs.

Do I chase ducks and shoot them? No. To be honest I really don't care for the taste of duck, For me its about sitting in a blind hunting with friends or family and being outdoors. Have I chased cripples and shot them? Yes. If you have not then you are either the best shot on the planet or selfish enough to not finish a wounded animal.

If I have a question I will ask. People like yourself that cannot give a better answer other than to try to make himself look good means your ignorant. Its this mentality which I don't understand. I don't hunt animals with cages or dogs, but I would not judge the person who did and tell them to pick a different sport (Its legal). I wont judge a guy that walks a rivers edge and jumps shoots ducks, because he is unable to afford a boat, doesn't get in one because he can't swim, or simply enjoys hunting them that way.

To be honest there are lots of people that help one another about hunting questions or learning the ropes. I have found there are way to many duck hunters that think they own this sport and make smart ass comments about new hunters with out giving one tip of helpful advise.

The consensus to the original two questions on this thread was actually backwards than what I thought.

- Yes you can chase ducks as long as you are not moving from the motor of the boat and its off.
- No you can not have the motor on while chasing your cripples and you are violating the law if you are moving. (good to know)

Thank you to everyone that posted logical explanations and reasoning behind your answers. I want to make it very clear there is a difference to what people believe to be wrong and what is illegal. :beer:
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Re: A legal question on duck hunting.

Postby whaknstak » Wed Jan 15, 2014 3:08 pm

FreedomHunter wrote: I want to make it very clear there is a difference to what people believe to be wrong and what is illegal. :beer:


Amen to that. Somehow myth, legend, wives tail, and folklore have crept into people's minds when it comes to laws. And it's written down, people just never take the time to look.
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Re: A legal question on duck hunting.

Postby jakefromflorida » Wed Jan 15, 2014 3:28 pm

FreedomHunter wrote:If its legal to do then why do you care so much? Caging pigs in pins, hunting deer with dogs, and chasing tails from red fish on the flats could all be considered by one person or another to be wrong, but if its legal than people do it. I didn't post this thread for the high and mighty to judge one person or the next about right and wrong. This thread was posted about being legal or not and the language of the law as it is written. As prior LEO I would like to know the meaning of what is written down. Maybe you don't but this is why I would tell someone ignorance is no excuse after they were in cuffs.

Do I chase ducks and shoot them? No. To be honest I really don't care for the taste of duck, For me its about sitting in a blind hunting with friends or family and being outdoors. Have I chased cripples and shot them? Yes. If you have not then you are either the best shot on the planet or selfish enough to not finish a wounded animal.

If I have a question I will ask. People like yourself that cannot give a better answer other than to try to make himself look good means your ignorant. Its this mentality which I don't understand. I don't hunt animals with cages or dogs, but I would not judge the person who did and tell them to pick a different sport (Its legal). I wont judge a guy that walks a rivers edge and jumps shoots ducks, because he is unable to afford a boat, doesn't get in one because he can't swim, or simply enjoys hunting them that way.

To be honest there are lots of people that help one another about hunting questions or learning the ropes. I have found there are way to many duck hunters that think they own this sport and make smart ass comments about new hunters with out giving one tip of helpful advise.

The consensus to the original two questions on this thread was actually backwards than what I thought.

- Yes you can chase ducks as long as you are not moving from the motor of the boat and its off.
- No you can not have the motor on while chasing your cripples and you are violating the law if you are moving. (good to know)

Thank you to everyone that posted logical explanations and reasoning behind your answers. I want to make it very clear there is a difference to what people believe to be wrong and what is illegal. :beer:


Well said. Glad you found your answer.
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Re: A legal question on duck hunting.

Postby Hitech2redneck » Fri Jan 17, 2014 3:22 pm

It's illegal to harass wildlife and running them down is harassment
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Re: A legal question on duck hunting.

Postby whaknstak » Fri Jan 17, 2014 7:43 pm

Hitech2redneck wrote:It's illegal to harass wildlife and running them down is harassment


Welcome. Can you cite the applicable statute or rule that you are referring to?
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Re: A legal question on duck hunting.

Postby FlaWoodie » Tue Jan 21, 2014 5:46 pm

Mitchell, All you have to do if you want to harass and chase ducks is get a permit from the Koger Center in Tallahassee. Yah know, same place where they ride unicorns and find pots of gold at the end of rainbows....comon man :biggrin:
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Re: A legal question on duck hunting.

Postby whaknstak » Tue Jan 21, 2014 8:49 pm

FlaWoodie wrote:Mitchell, All you have to do if you want to harass and chase ducks is get a permit from the Koger Center in Tallahassee. Yah know, same place where they ride unicorns and find pots of gold at the end of rainbows....comon man :biggrin:


Haha.

To let everyone else in on the joke, I asked a guy with a fwc hat at the ramp where I could get a permit to shoot ducks under power like he had been doing. He told me to go to the Koger center to the fwc office and they would give me one. He said I may have to go online though, being that everything was so technologically based now a days.

He was dead serious.
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Re: A legal question on duck hunting.

Postby jakefromflorida » Tue Jan 21, 2014 10:37 pm

whaknstak wrote:
FlaWoodie wrote:Mitchell, All you have to do if you want to harass and chase ducks is get a permit from the Koger Center in Tallahassee. Yah know, same place where they ride unicorns and find pots of gold at the end of rainbows....comon man :biggrin:


Haha.

To let everyone else in on the joke, I asked a guy with a fwc hat at the ramp where I could get a permit to shoot ducks under power like he had been doing. He told me to go to the Koger center to the fwc office and they would give me one. He said I may have to go online though, being that everything was so technologically based now a days.

He was dead serious.



You haven't received yours yet?!
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Crap. On. A. Cracker!! :lol3: :lol3: :lol3: :lol3: :lol3: LMAO!!!
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