What are Live Decoys?
Live decoys may include but are not limited to the
following:
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Captive-raised and domestic waterfowl that have been released that do not
exhibit the natural wariness of man associated with a wild bird.
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Waterfowl that do not leave the area when hands are clapped and/or a shotgun
is discharged.
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Failure of the birds to respond appropriately when approached in this matter
is a good indicator that they do not exhibit the "natural wariness of man"
associated with a wild bird. If the birds fly and light nearby on the same
property, they may be considered live decoys.
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The area influenced by live decoys (commonly referred to as the area of
influence) can vary depending on the circumstances and such factors as
topography, weather, and waterfowl flight patterns. Therefore, this question can
only be answered on a case-by-case basis.
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Wounded waterfowl that have gone un-retrieved.
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Waterfowl whose wings are either pinioned or whose outer primary feathers
have been cut or removed to render flight impossible.
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Captive-raised, domestic ducks and geese (such as Muscovy ducks, Egyptian
geese, etc.) that are poor flyers because of their weight and wing development.
If these birds do not exhibit the natural wariness of man associated with a wild
bird, they may be considered a live decoy; and
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Live ducks, geese, or swans that are either tethered or penned at or near a
hunting location.
Additional Information:
The 10-day rule - A person may not hunt waterfowl by the use or aid of live
birds as decoys. It shall be a violation of State and Federal regulation to hunt
waterfowl on an area where tame or captive live ducks or geese are present
unless the birds are, and have been for a period of 10 consecutive days before
hunting, removed from the area or confined within an enclosure which
substantially reduces the audibility of their calls and totally conceals the
birds from the sight of wild migratory waterfowl.
Distance - How close to tame (do not exhibit the natural wariness of man)
waterfowl can you hunt wild waterfowl without breaking the law? There is no set
distance. The law prohibits the hunting of wild waterfowl on an area where tame
ducks, geese, or swans are present and may serve as a lure or attraction to wild
waterfowl, on, or over areas (zone of influence) where hunters are attempting to
take them. The area of influence may vary depending on the circumstances and
such factors as topography, weather, and waterfowl flight patterns. Therefore,
this question can only be answered on a case-by-case basis.
As a waterfowl hunter you are responsible for determining
whether your hunting
area is influenced by live decoys.
Before hunting you should:
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Familiarize yourself with Federal and State waterfowl hunting regulations.
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Ask the landowner, his agent, lessee, or your host, guide, and hunting partners
if captive-raised mallards or other domestic waterfowl have been released on the
area and inspect the area for the presence of live decoys.
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Suspect the presence of live decoys if you see mallard ducks or domestic
waterfowl displaying a lack of caution or wariness of man.
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Suspect the presence of live decoys if you see mallard ducks or domestic
waterfowl moving toward or approaching a vehicle, boat, or person.
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Suspect the presence of live decoys if you see mallard ducks or domestic
waterfowl that do not exhibit the natural wariness or man and are reluctant to
leave the hunting area when you approach them.
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Abandon your plans to hunt waterfowl if you find tame birds in the area and are
uncertain about why they are there.
These examples do not represent an all-inclusive list of live decoy conditions
or circumstances. If you believe you have a live decoy problem, you should not hunt waterfowl at
the location until 10 days after the removal of the problem birds.
Listed below
are the legal guidelines for removing problem birds:
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Properly licensed hunters may remove the problem birds by shooting, but only in
accordance with all applicable hunting regulations governing the taking of
migratory waterfowl.
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Tame captive-raised mallards may be removed by shooting during the established
hunting season for mallard ducks and so long as the birds are confined to a
licensed Regulated Shooting Area. If the shooting is to take place outside the
hunting season for mallard ducks written permission from the Wildlife and
Heritage Service is required.
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Domestic ducks (such as Muscovy and Peking ducks) geese (such as Chinese or
barnyard geese) may be shot at any time as they are not regulated by State or
Federal hunting regulations.
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Domestic ducks and geese may be captured and placed in an enclosure where they
are out of sight and hearing of migratory waterfowl.