Hunting Regulation Misunderstandings

Big Sky Guy

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The other evening I was talking with a gentleman that is primarily a (what I would consider avid, but without a dog) waterfowl hunter. As the conversation continued he mentioned how he hasn’t hunted pheasants here (Montana) yet because of the requirement that you have to use a 20 gauge and he only has a 12 gauge. Since I am primarily a big game (elk and deer) hunter I was not sure enough to say otherwise but my immediate thought was “I don’t think that’s right.” We talked a bit more and got on the subject of ammo and he mentioned that to hunt upland game in Montana you are not allowed to use lead. Again, seemed odd/ not entirely right to me but I haven’t read the upland regs in at least three years so I just continued on. When I got a chance I looked up the regulations and in less than 2 minutes (Ctrl f makes things quick!) to find that:

1. “Pheasants may be taken with a shotgun not larger than a ten gauge; a long, recurve or compound bow and arrow. All other means of taking are prohibited”

2. “Hunters are reminded that nontoxic shot is required for the hunting of upland game birds on federal refuges or waterfowl production areas. Only federally-approved nontoxic shot may be used on these areas. Specific questions regarding this regulation should be made through local offices of the U.S. Fish & Wildlife Service”

To add to this the guy used to be in law enforcement and by my accounts is fairly smart so I was a bit perplexed how you could misunderstand what to me is clearly written.

This got me thinking about hunting regs and misunderstandings. Some years back when I hunted in Ohio I got into a heated discussion with my dad about shooting multiple deer in the same day. He always seemed to know the regs inside and out and for a long time you were not allowed to shoot more than one deer a day. I think when I was in high school or college this changed and I noticed it. Eventually I showed it to him and he realized it changed. That was a bit understandable as it was a previous rule, but still a misunderstanding of the reg.

I know there is the other thread about the changes coming to simplifying Montana’s hunting regs. I don’t want to derail this thread to that but was curious; what are some misunderstandings you have had or seen others have in regards to hunting regulations?

Also if anyone has any ideas on where these pheasant rule misunderstandings are coming from please share (or correct me if I’m wrong before I share with him next time I see him).
 
I know a guy, we’ll call him Greg, that harvested a wolf. He figured he would be okay because he had his trappers license but turns out if he had read the regs he would have known he had to take a wolf trapping certification course. Simple misunderstanding.
 
It used to be, Kansas deer tags purchased over the counter we’re not valid to use until the next calendar day. I knew a guy who shot a buck in the AM, but knew that a group of does had taken to a relatively small patch of cover, so he went and bought a doe tag and went back out and shot a doe later that same day. Technically not legal, but an easily misunderstood/overlooked requirement as one read through the regulations. They’ve since removed that requirement I believe.
 
NH limits include bag limits and possession limits. I've heard several interpretations of what it means. Some say it includes what's in the freezer, some say just what's not in the freezer. Never got a straight answer
 
It used to be, Kansas deer tags purchased over the counter we’re not valid to use until the next calendar day. I knew a guy who shot a buck in the AM, but knew that a group of does had taken to a relatively small patch of cover, so he went and bought a doe tag and went back out and shot a doe later that same day. Technically not legal, but an easily misunderstood/overlooked requirement as one read through the regulations. They’ve since removed that requirement I believe.
I expect that this is to prevent folks from harvesting a deer and then going to buy a license.
 
In New York, they passed several new regulations this year, that came into effect right before the hunting season. So, for the first time ever, blaze orange will be required when hunting big game with a firearm. But the regulation book was published before it was ok'd by the legislature. So, the law is in effect and not in the book of regs. Thankfully, most hunting-related organizations are helping to spread the word, but while I support the law, I do hope they'll be a bit on the lenient side this year...
 
One of the most common violations I see is driving on state land. In fact just ran into a guy that worked for a government land agency that told me he had never heard that before. Nice guy I’m not sure he even believed me that you can’t.
 
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NH limits include bag limits and possession limits. I've heard several interpretations of what it means. Some say it includes what's in the freezer, some say just what's not in the freezer. Never got a straight answer
This one is frequently misinterpreted - intentionally or unintentionally. I recall that the Montana regs are very clear about it. It was always explained to me that one could have a limit on my stringer, and one in camp, and that would be the max. If I took it home and put it in the deep freeze, I could go back to fishin' again. Don't think that's the intent.

Bag and possession limits at dove shoots can get flexy, particularly when the breasts are going on the grill almost as fast as they get shot.
 
Co-worker went with a friend to trout fish in Arkansas. They rented a boat from a trout dock. They caught a bunch of fish. When they return to the trout dock, the owner of the business is freaking out. Seems these sports didn’t know the difference between brown trout and rainbows and were wayyyy over the brown trout limit.
 
Well 20 is larger than 10 so I can understand the confusion....

I have several friends that don't read the regulations or even know what/when changes are made. They then get their info from others that don't read the regulations either. They then complain about the complicated regulations. 🤦‍♂️ When I submitted my comments during the comment period, I said the regulations are only complicated to those that don't read them and these folks are hardly the ones that should be used to gauge what is "too complicated".
 
I recently found out that many folks in SD believe that you need non toxic shot for all public land pheasant hunting. I stopped arguing with them about it, but went a reread the regulations confirming its mainly just waterfowl production that requires non toxic. confirming I was correct....


Oh well, doesn't really affect me much
 
This is why if I have a question on laws I always read the book myself or consult the Conservation Officer for that specific area. I am amazed at how many posts I see reading facebook groups and other social media where a person asks a law question and receives 47 different answers none of which are right.

Possession limits typically apply to what’s in your freezer.
There is a question on the hunters safety test I administer regarding the difference between daily bag limit and possession limit. It is one of the most missed questions on the test.
 
Misunderstood law regarding daily/possession limits - Your daily/possession limit changes as you travel from state to state but not within the state. I was once very confused about this because of the following situation:

Fishing a certain area, lets call it area A, in Wisconsin, you are allowed 5 walleyes, no size limit. On the same body of water but in a different area, area B, you are allowed 3. If you fish area A and get your 5 walleyes, you cannot go to area B and get 3 more. If you fish area B and get 3 walleyes, you can go to area A and catch just 2 more since the first three do still count towards your daily limit. Now, this same area and waterway is near the border with Michigan. They have a 3 walleye limit. You can fish in Wisconsin and get your limit at either area A or B and then you can go into Michigan and also get your daily limit. They are completely separate from state to state.

I won't go into the possession limits for this scenario because that just complicates it even more. I was so confused on what a person could and couldn't do regarding this area that I had to call a game warden to have him help me walk through how it would work out in each scenario and he was very helpful.
 
The following isn't super confusing to read but you almost have more questions after reading it and requires you to look up a whole lot of other information to answer.

"Deer License Bundle
The deer license bundle is valid for all deer seasons except for the reduction zone season.
The deer license bundle allows an individual to harvest up to three deer (two antlerless and one of either sex) with only one license. An antlered deer harvested with the deer license bundle counts toward an individual’s one antlered deer limit for statewide seasons.

The bundle can be used to take a deer with equipment legal during the archery (this includes crossbows), firearms, or muzzleloader seasons.

Antlerless deer harvested with the deer license bundle must be used toward the bag limit for bonus antlerless deer, archery, or muzzleloader. When used toward the bonus antlerless deer county quota, the county quota applies. See Bonus Antlerless Deer for bonus county quotas.

The bundle may not be used toward the bag limit for bonus antlerless deer on DNR properties where the bonus antlerless license cannot be used. Contact the property (Public Hunting Areas) or go to hunting.IN.gov for details."

What is my county quota? If public, What property am I hunting? Am I in a reduction zone? To top it off, you can get another antlered deer in a reduction zone- but only after you kill an antlerless first.
 
I recently found out that many folks in SD believe that you need non toxic shot for all public land pheasant hunting. I stopped arguing with them about it, but went a reread the regulations confirming its mainly just waterfowl production that requires non toxic. confirming I was correct....


Oh well, doesn't really affect me much
lol. I have had the same conversation several times. However, it is also required on some state land (GPA's, state parks, fishing access sites) and CoE, BOR and Refuges on the Federal side.

Also not a concern for me most of the time (there are a couple of BOR pieces we hunt now and then, but easy to swap out your vest pockets for nontox).

But - to your point (and that of this thread), it's spelled out very succinctly in the SD Regs if the barstool experts would read them:

1635784566958.png
1635784600172.png

If we want to get into complicated regulations - CO Bear tags are probably high on the list.
 
lol. I have had the same conversation several times. However, it is also required on some state land (GPA's, state parks, fishing access sites) and CoE, BOR and Refuges on the Federal side.

Also not a concern for me most of the time (there are a couple of BOR pieces we hunt now and then, but easy to swap out your vest pockets for nontox).

But - to your point (and that of this thread), it's spelled out very succinctly in the SD Regs if the barstool experts would read them:

View attachment 200315
View attachment 200316

If we want to get into complicated regulations - CO Bear tags are probably high on the list.
Glad I'm not the only one ha! I am almost always on Walk in, or CREP in Sd here. Swap out the vest if we happen to see a good waterfowl area.

It's not that I hate steel, but I do hate chewing a steel BB when you miss one in the breast... Doesn't hurt if its just lead. Might hurt the brain cells tho...
 

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