It would appear that the Federal Regulations for Migratory Species would supercede those of the states. Is this same situation a violation of Federal Law, and when was it last enforced?
#1377135 - 12/21/1111:32 PM
Re: Legality of hunting multiple layout blinds together?
[Re: Scott Farris]
EnCon Police Moderator
Registered: 03/01/04
Posts: 3899
Put the pitchforks and torches away.
Scott asked a question on an existing regulation and I posted the regulation for him to read. I don't make these things up and neither do our officers. The regulation specifically states that blinds and further down hunting "parties" shall be one hundred yards apart...if you read section (a) differently let me know. We can't just "strike out" a regulation, there is a process and like someone mentioned, at least it's a regulation rather than a statute. Regulations can be changed easier than a statute.
This regulation was probably put into place when the only kinds of blinds in use were the larger built up duck blinds in marshes. Layout blinds have come a long way in just the past few years from just being a box in the dirt or a camo tarp, so it's one of many things that the regulations may have not caught up with. We ran into the same thing several years ago with the .17hmr came out. The regulation prohibited the use of it because it is longer than a .22lr cartridge. It took a year but the regulation was changed so .17hmr's are now legal for use on state land.
I know from a common sense approach if six of you are in a large blind you're a lot closer than having six layout blinds several feet or yards apart so it shouldn't be an issue....but then again, what do I know? I'm just a dumb cop.
Actually Capt., you are far from what I'd call a dumb cop.... I'd hope that the young'uns coming up through the ranks under your supervision would pick up your interpretational skills and base their in the field decisions with a bit of "now how would the Captain handle this one" .
The regulation needs clarification , for both the hunter and the Encon Officer IMO . The way it's written now I'd challenge the violation if I was written up , and I think it would be dropped by the court . It would still be a PITA though .
.
"Politically correct" was initially coined by Leon Trotsky to refer favorably to those whose views remained in sync with the ever-shifting Bolshevik Party line. This was important, as "not PC" people risked prison or death.
Thank you Captain, I wasn't trying to put you or your officers on the hot seat. I do hope we stir up enough interest in the waterfowlers to have the regulation changed. Hopefully they will contact the Wildlife Division about this, I know I will.
I would ask you to check w/the ENCON liason to the CAC, Sgt Ryan Healy. I believe that this issue was discussed at the last CAC meeting on December 12th. I'll have to double check my notes, but I thought the issue was addressed with the hunters and ENCON officer involved via education on how layout blind style waterfowl hunting is conducted and how the regs should apply.
An interpretation that limits layouts to 1 unit per 100 yds would now put a whole class of waterfowlers in violation of the law over a method of hunting that has been widely accepted (and very safe) for about 20 years. I can say from personal experience that I have been checked while layout hunting in Ct(most recently last December) and never had this issue come up with an ENCON officer. If this regulation will now be enforced by ENCON officers as a single layout/100yds interpretation, I will submit a reg change request to the Wildlife Division Staff for submission this legislative session.
In the interim, I will also follow up with the DEEP Wildlife Division staff for clarification.
Thank you,
David Proulx Ct Waterfowlers Assn, delegate to the DEEP Conservation Advisory Council
#1377173 - 12/22/1112:57 AM
Re: Legality of hunting multiple layout blinds together?
[Re: DJP]
EnCon Police Moderator
Registered: 03/01/04
Posts: 3899
Originally Posted By: DJP
ENCON,
I would ask you to check w/the ENCON liason to the CAC, Sgt Ryan Healy. I believe that this issue was discussed at the last CAC meeting on December 12th. I'll have to double check my notes, but I thought the issue was addressed with the hunters and ENCON officer involved via education on how layout blind style waterfowl hunting is conducted and how the regs should apply.
An interpretation that limits layouts to 1 unit per 100 yds would now put a whole class of waterfowlers in violation of the law over a method of hunting that has been widely accepted (and very safe) for about 20 years. I can say from personal experience that I have been checked while layout hunting in Ct(most recently last December) and never had this issue come up with an ENCON officer. If this regulation will now be enforced by ENCON officers as a single layout/100yds interpretation, I will submit a reg change request to the Wildlife Division Staff for submission this legislative session.
In the interim, I will also follow up with the DEEP Wildlife Division staff for clarification.
Thank you,
David Proulx Ct Waterfowlers Assn, delegate to the DEEP Conservation Advisory Council
Thanks Dave - I actually fired off an email to Rick Jacobson with a cc to Ryan Healy to see if Wildlife is interpreting the regulation differently or if they are not considering a layout a "blind" for the purpose of the regulation.
To everyone else.....stand by to stand by. If there is something else that Wildlife if using for a definition or interpretation I'll let you know. I posted the existing regulation so you can read the wording where it specifically states "occupied blind" yourself.
#1377187 - 12/22/1101:18 AM
Re: Legality of hunting multiple layout blinds together?
[Re: Reelin]
EnCon Police Moderator
Registered: 03/01/04
Posts: 3899
Originally Posted By: Reelin
ENCON you can't be serious? This one makes no sense.
I've been waterfowling for darn near 40 years and this is the first I've heard of it. Another varation that concerns me is what happens if you have a couple of boats in a party with 2 hunters in each. We've had that situation many times over the years. Hell I know for a fact we were visited by a CO or two and it was not even mentioned. In my mind the intent of the law applied to other hunting parties. Guess I'm a law breaker and so isn't my State Trooper brother.
If you're in a boat it wouldn't apply....a boat is a boat, the regulation speaks to blinds. If you want to raft up a bunch of boats together to waterfowl hunt it's not an issue as long as you meet the 250/500 foot rule for dwellings, don't shoot towards others, etc.
Just ferinstance... OPTION A- 6 guys hunting out of a fixed blind is O.K. OPTION B- 6 guys hiding in some tall grass WITHOUT a blind, per se is O.K. therefore, OPTION C- 6 guys hunting out of layout blinds is NOT O.K.???? that is totally non sequitur, illogical, and ridiculous!
In OPTION C, the interpretation of the word "blind" is incorrect. Someone is using the wrong definition of the word "blind".
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