Top 5 Waterfowl Hunting Violations
Chris Ingram for SPLIT REED
TOP FIVE WATERFOWL HUNTING VIOLATIONS AND HOW TO AVOID THEM
If you are brand new to waterfowl hunting and think there are too many rules and regulations and too many details to follow, you’re not alone – every hunter likely is or was at this stage at some point in their journey. The incredible volume of laws and guidelines in waterfowl hunting is something that keeps some hunters away from the sport altogether. But the regulations are in place to protect and conserve waterfowl across the flyways and international borders. Keep in mind that migratory waterfowl are managed on a federal level with each state wildlife agency enforcing the federal regulations. So, whether you only hunt in your home state or are planning to travel to hunt this season, for the most part, the laws and regulations are going to be the same, aside from a few additional restrictions in some places.
No waterfowl hunter ever wants to be found in violation of the law, but it is something that is all too common during the hunting season across our flyways, every single day of the season. We wanted to learn a little more about the most common violations waterfowl hunters are charged with, so we reached out to several state and federal wildlife law enforcement agencies from coast to coast to see if there are any patterns or reoccurring themes. You might think we would have discovered something novel and unique, but what we found are the top five violations are rudimentary, and entirely avoidable with a little education, forethought, and planning. And while there may be a significant difference between a true intentional violator and an honest mistake, we encourage you to do your part before every hunting season and prior to hunting a new location to ensure you are following the laws and not breaking one of the top five waterfowl hunting violations from our list.
LICENSES, STAMPS, & HARVEST INFORMATION PROGRAM (H.I.P.)
Some hunters are doomed from the start, by not having the proper licenses and stamps. Most hunters know they need a hunting license, each state typically requires you to have some sort of hunting or hunting and fishing combination license, or a non-resident small game license to hunt waterfowl. Most of us are familiar with the “federal duck stamp” (Migratory Bird Hunting and Conservation Stamp), which is required to hunt waterfowl and available at Post Offices and now online. Many states now have a state waterfowl stamp that is required to hunt. And since 1999, the U.S. Fish & Wildlife Service has used the Harvest Information Program (H.I.P) to communicate harvest data with state wildlife agencies to manage waterfowl populations and set season dates and bag limits. Obtaining your H.I.P # is required to hunt waterfowl and is free at the time of purchasing your hunting license and otherwise available on state wildlife agency websites.
Despite the ease and convenience of purchasing licenses and stamps and getting H.I.P. #’s online, game wardens are reporting hunters to be found in violation of possessing proper documentation. This one is easily preventable and should be routine practice every year when you prepare for the upcoming season. If you are traveling to hunt a new state, be sure to familiarize yourself with the proper documents needed to hunt in that state. Refer to the state for specifics, but in most cases, a hunter needs a hunting license, a federal duck stamp, a state duck stamp, and a H.I.P. number to be in complete compliance – failure to include all of this documentation is going to cost you and put you on our list.
UNPLUGGED SHOTGUNS
According to federal law, when hunting for waterfowl, your shotgun must be capable of holding no more than three shells, often with a plug, which cannot be removed without dissembling the gun. This one is pretty simple, yet many hunters are being cited because the gun they borrowed from a friend or family member the night before a hunt didn’t have a plug in-place or because a hunter removed the plug to chase spring snows after duck season closed but never reinstalled the plug before the next duck season. Making sure the shotgun you are hunting with is plugged takes less than a minute and can spare you from the embarrassment and associated fine for being found with an unplugged shotgun. Most semi-automatic and pump shotguns now come with a plastic plug from the factory and it takes nothing more than a retrofitted wooden dowel or rod to put into your magazine to prevent you from going over the three-shell capacity and placing yourself on our list.
TOXIC SHOT
With the ban on lead shot dating back to 1991, you would think by now, a duck hunter carrying lead loads would not even be included in this investigation. But the reality is that state game wardens are still finding hunters in violation and in possession of lead shot when hunting waterfowl. Some of these hunters are young or brand new to the game and simply do not know about the mandate of using non-toxic shot. Some hunters have very poor organizational methods and grab the wrong shells, so be sure to keep shells in the original box or keep your own ammo cases and reloaded shells labeled. Others were found in violation because their upland or small game hunt turned into an impromptu and now costly waterfowl shoot because they were loaded with lead. Federal law prohibits anyone from taking waterfowl while possessing shotshells loaded with shot other than non-toxic shot. If you are planning a mixed bag hunt for upland, small game, and/or waterfowl, you are best off carrying non-toxic shells to ensure you will be in compliance at all times. Steel is the preferred non-toxic shot choice for most waterfowlers as it is readily available and extremely cost-effective. Other popular non-toxic options include bismuth, tungsten, and combination loads. Whatever you decide to shoot, be sure to take the lead out when pursuing waterfowl.
EXCEEDING BAG LIMITS & MISIDENTIFYING WATERFOWL
Another concept that seems easy enough to follow, yet state wildlife agencies nationwide report exceeding bag limits as a common violation each season. This can come from shooting above a daily bag limit (which is usually 6 or 7 ducks, depending on your flyway) or shooting more than what is allowed for a particular species (shooting two pintails when only one is allowed). This violation is easily preventable by knowing the bag limits of particular species and properly identifying your target. So, whether this means brushing up on your bird identification or waiting for a little more light to correctly ID birds on the wing before shooting, take heed of this advice and avoid a hefty citation. Spend some time in the off-season visiting wetlands and waterways to learn the ducks that frequent your area or review video tutorials and other online resources to help you properly identify the various waterfowl as well as shorebirds, wading birds, and other birds you may encounter on your hunts.
Another component related to violating bag limits stems from misidentifying waterfowl and other birds. Inexperienced or over-zealous hunters commonly shoot the wrong species and misidentify birds by shooting woodies or eclipsed mallard drakes during the early teal season. Many males (drake) species of ducks will lose their bright, colorful winter mating feathers and can appear to look like females (hens) and other dull, drab-colored ducks in the early part of the hunting season, confusing many hunters. Several game wardens also indicated a few hunters will mistake a non-waterfowl species such as a grebe for a duck; a simple and preventable practice that can be mitigated by spending more time in the marsh to properly learn the skill of identifying waterfowl.
SITE-SPECIFIC REGULATIONS
By now, many experienced waterfowl hunters know the basics and how to avoid the most common violations we just mentioned. Yet state and federal wildlife enforcement agencies are reporting they continue to fine hunters that are found breaking certain site-specific regulations. These are often attributed to hunting on or near federal wildlife refuges, state wildlife management areas, or waterfowl protection areas, where more restrictive regulations must be followed, a few examples include reduced shooting hours, hunting outside of designated hunting areas, unlawful guiding, use of dogs, controlled hunt regulations, harvest reporting, special permits or other unique regulations. Another avoidable mistake – if you are planning a trip to one of these locations, be sure you know the laws and don’t hesitate to reach out to the U.S. Fish & Wildlife Service or managing state agency for guidance.
THE VERDICT
Every seasoned waterfowl hunter reading this knows how easily preventable these violations are, yet the evidence shows hunters nationwide continue to make the same mistakes. Many first-time and novice hunters think they know more than they actually do, are too scared to ask questions for fear of being ridiculed, or end up in trouble going off hearsay and wrong information they got from their buddy or read on a Facebook forum, all of which are bad habitats. Don’t be caught and found guilty of these simple and preventable violations – do you own research, take the time to familiarize yourself with the laws and regulations of waterfowl hunting before the hunt. And every hunter needs to recognize that just as bird populations change and adapt to habitat loss, climate change, disease, and other factors, the biologists and wildlife managers make the necessary regulatory changes to season dates, bag limits, and other criteria year-to-year, so be sure to review the lawbook before every season and before every destination hunt. Waterfowl hunters are on the frontlines of conservation and resource management, it is up to us as stewards of the resource to follow these mandates and conduct ourselves accordingly.
This testimony also upholds how important it is to have a hunting mentor, a considerate and passionate waterfowl hunter that sets an example to young and novice hunters. Anyone entering the sport now, or remembers doing so, can attest to the intimidation factor surrounding the knowledge base of identifying birds, carrying the proper documentation and equipment, and hunting legally. Taking these fresh hunters under their wing, a mentor breaks down these challenges and sets a young or new hunter on the road to success. Consider taking out a new hunter this season to get them started off right and help them develop good habitats and avoid our top five common violations.
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