DuckSouth.com

20.25 Wanton waste of migratory game birds.

No person shall kill or cripple any migratory game bird pursuant to this part without making a
reasonable effort to retrieve the bird, and retain it in his actual custody, at the place where taken
or between that place and either (a) his automobile or principal means of land transportation; or
(b) his personal abode or temporary or transient place of lodging; or (c) a migratory bird
preservation facility; or (d) a post office; or (e) a common carrier facility.

The topic has been brought up over the weekend about not retrieving cripples. I thought I'd share the actual wording of the law for everyone.

Guys, if you are knocking birds down and not immediately retrieving your cripples, you are walking on thin ice in this arena. There are other examples as mentioned in the law, but the cripples thing seems to be a common error.

Well get rid of the steel shot, and there wont be that many cripples.

This came up in my office last week. What if the bird falls or swims across a property line from public land to private land. Is it legal to cross the property line to retrieve the bird or is it considered trespassing? My coworker said he was told that without permission from the landowner its trespassing, he is hunting on the private land in question. If that's the case, it falls under the wanton waste rule if you don't make an effort to retrieve the bird.

msdeltadawg wrote:This came up in my office last week. What if the bird falls or swims across a property line from public land to private land. Is it legal to cross the property line to retrieve the bird or is it considered trespassing? My coworker said he was told that without permission from the landowner its trespassing, he is hunting on the private land in question. If that's the case, it falls under the wanton waste rule if you don't make an effort to retrieve the bird.

According to Chopper...........that's only a Level I poach! No harm, no foul/fowl!

msdeltadawg wrote:This came up in my office last week. What if the bird falls or swims across a property line from public land to private land. Is it legal to cross the property line to retrieve the bird or is it considered trespassing? My coworker said he was told that without permission from the landowner its trespassing, he is hunting on the private land in question. If that's the case, it falls under the wanton waste rule if you don't make an effort to retrieve the bird.

Same can be said for hunting public waters. You get out of the boat to chase a cripple on land and you are trespassing or trespassing and hunting without the correct state license.

novacaine wrote:

msdeltadawg wrote:This came up in my office last week. What if the bird falls or swims across a property line from public land to private land. Is it legal to cross the property line to retrieve the bird or is it considered trespassing? My coworker said he was told that without permission from the landowner its trespassing, he is hunting on the private land in question. If that's the case, it falls under the wanton waste rule if you don't make an effort to retrieve the bird.

According to Chopper...........that's only a Level I poach! No harm, no foul/fowl!

You got it!

msdeltadawg wrote:This came up in my office last week. What if the bird falls or swims across a property line from public land to private land. Is it legal to cross the property line to retrieve the bird or is it considered trespassing? My coworker said he was told that without permission from the landowner its trespassing, he is hunting on the private land in question. If that's the case, it falls under the wanton waste rule if you don't make an effort to retrieve the bird.

Where you at Wingman? I would like to know this as well...

From what I understand...you leave your gun and go DIRECTLY to and from said bird on private property. I could be wrong...every state is different

I would also say to leave the gun to retrieve the cripple....when it comes to trespassing, I would say it would be the leaser issue if you were legitimately retrieving downed game/unarmed. The federal boys don't play when it comes to wanton waste and can and will count every bird that goes down against your limit....retrieved or not...to not attempt to retrieve a duck/goose will get you severly scrutinized on every aspect. St.

No one is going to advise you to break one law in order to follow another. Make a reasonable attempt.

Also use common sense. If your birds are gonna fall somewhere you know it's gonna be dern near impossible to retrieve them, don't pull the trigger.

Wingman wrote:No one is going to advise you to break one law in order to follow another. Make a reasonable attempt.

Also use common sense. If your birds are gonna fall somewhere you know it's gonna be dern near impossible to retrieve them, don't pull the trigger.

So if your duck falls over the line you can't go get them? I'm just trying to be clear about this. Would you still get a ticket for wanton waste if you didn't go after them if they were on somebody else???

Riverduck....I would say ditto to Wingman....if you are on that big of an edge, either move or don't shoot in that direction....invest in a dog. It seems to me that you are pushing the limit on being legal or not and when it comes down to it, the laws can be left to be interpreted to the law. I would say that if I was that worried about a conflict, loss of hunting rights/tickets, I would seek another spot or at a mimimum, move away from the line as much as necessary.
St.

RiverDuck wrote:So if your duck falls over the line you can't go get them? I'm just trying to be clear about this. Would you still get a ticket for wanton waste if you didn't go after them if they were on somebody else???

Make a reasonable attempt. go over there, see if you can get the bird is what I get out of it. Ask permission to go get the bird.
Rob isn't here to interpret the laws to us. He can't legally say you should leave it, or trespass. His bosses would have is butt for telling the whole internet to break either law.

teul2 wrote:

RiverDuck wrote:His bosses would have is butt for telling the whole internet to break either law.

Well is there any way to say what his ticket book would or wouldnt do? I think thats what people are asking. Just because you do or dont do something and get the ticket, the burden of proof is on you the hunter and they usually costs time and money.

Well is there any way to say what his ticket book would or wouldnt do? I think thats what people are asking. Just because you do or dont do something and get the ticket, the burden of proof is on you the hunter and they usually costs time and money.

Amen to that, they usually just write the ticket and make you prove your innoncence!