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"Hunter Harrasment"?

Discussion in 'The Lounge' started by dinkbuster1, Dec 21, 2007.

  1. let me first say that i am NOT a hunter, have no problems with hunting or hunters at all, its just not my cup of tea. therefore i am not familiar with hunting laws or hunters unwritten "do/dont" codes. i need some clarity on a "confrontation' i had today with a "hunter". is there such a law/rule/code as "Hunter Harrasment"? i was out on a local lake today doing some mapping of spots with my GPS for the upcoming ice season. in the process of going to one of my favorite areas i passed a boat setting near shore (stayed at least 30-40 yards away and at idle speed) that didnt seem to be doing anything. went a little further and to my left about 50 yards away i seen a huge flock of geese and ducks floating on the lake with what seemed to be a small mess of floating debris. passed that area and about 100-150 yards away i started doing my mapping, working my way away from the "duck floatilla". after finishing at the other end of the lake i stopped back by to look over the first area i mapped and out of the blue this boat i seen earlier comes flying up on me and the guy in the boat imediately starts shouting "you need to leave this area and leave it now!" well, i pretty much let this guy know (after laughing) that i wasnt going anywhere and asked what his problem was! well, this floatilla of ducks/geese had some Gibronni floating in the middle of it with a shotgun, it was his friend who was hunting (floating on something, laying down) and had about 60 decoys floating around him. this dude in the boat threatened to call the law/warden and have me arrested for "Hunter Harrasment". well, i just let him know that that wasnt an issue and said i would gladly meet them at the ramp if he wanted to call......and i went about doing my mapping thingy. i think he got on the defensive then and he says "well, we can avoid all this if you just leave now". once again i told him i would only be a little longer and i was out of there anyway. i slowly idled out of there and let these guys be. if i was in the wrong "Legally" (distance from Gibroni's floating on air mattresses :D ) then would someone please let me know what "legal distance" i need to be and whatever else. i tried contacting the game warden when i got the boat trailered to clear things up but he wasnt in his office. :confused: :confused:
     
  2. Ohio Rev. Code Ann. § 1533.03 (Baldwin 1996))

    BALDWIN'S OHIO REVISED CODE ANNOTATED
    TITLE XV. CONSERVATION OF NATURAL RESOURCES
    CHAPTER 1533. HUNTING; FISHING
    GENERAL PROVISIONS

    1533.03 HARASSMENT OF HUNTERS, TRAPPERS, AND FISHERS PROHIBITED
    (A) No person shall purposely prevent or attempt to prevent any person from hunting, trapping, or fishing for a wild animal as authorized by this chapter by any of the following means:

    (1) Placing oneself in a location in which he knows or should know that his presence may affect the behavior of the wild animal being hunted, trapped, or fished for or otherwise affect the feasibility of the taking of the wild animal by the hunter, trapper, or fisherman;
    (2) Creating a visual, aural, olfactory, or physical stimulus intended to affect the behavior of the wild animal being hunted, trapped, or fished for;

    (3) Affecting the condition or location of personal property intended for use in the hunting, trapping, or fishing activity.


    (B) No person shall fail to obey the order of a peace officer or wildlife officer to desist from conduct that violates division (A) of this section.

    (C) This section applies only to acts committed on lands or waters upon which hunting, trapping, or fishing activity may lawfully occur. This section does not apply to acts of a peace officer, the owner of the lands or waters, or a tenant or other person acting under authority of the owner on the lands or waters.

    (D) Upon petition by a person who is or reasonably may be affected by conduct that violates or will violate division (A) of this section and a showing by that person that the conduct has occurred in a particular place and may reasonably be expected to occur in or near that place again, a court of common pleas may enjoin the conduct in accordance with Civil Rule 65.

    (E) As used in this section, "peace officer" has the same meaning as in section 2935.01 of the Revised Code, and "wildlife officer" has the same meaning as in section 1531.13 of the Revised Code.

    (1994 S 182, eff. 10-20-94; 1991 S 46, eff. 10-23-91)
     

  3. There is a Hunter Harrasment law, I would chalk it up to a honest mistake however. If you were hanging around in front of them so they could not shoot, that is different than working around the area mapping spots. I would say this guy didn't handle the situation very well, but I wasn't there either. Sounds like a little comunication about what you were doing and what they thought you were doing could have cleared it up. I would just stay out of that area till it ices up or duck season is over.
     
  4. I don't and have never hunted birds. But, If I saw some birds in the water and they were not flying away when I approached, I would then assume it was a hunter,... common sense. It does take alot of time and a good deal of effort to set yourself up and I would be upset if someone just idled there way thru the area. My thinking would be, ice fishing is for ice and water sports are for water. Treat other sportsman like you would want to be treated.

    How would you like it if you had a crappie spot all marked and ready to fish. Then a boat full of duck decoys idled thru and started dropping ducks....just to see how they would float for the up coming season?
     
  5. DaleM

    DaleM Original OGF Staff Member

    [/QUOTE] = . But, If I saw some birds in the water and they were not flying away when I approached, I would then assume it was a hunter,... common sense. It does take alot of time and a good deal of effort to set yourself up and I would be upset if someone just idled there way thru the area. My thinking would be, ice fishing is for ice and water sports are for water. Treat other sportsman like you would want to be treated. [/QUOTE]


    Great comment. I agree with you on this one. Common sence would say Duck decoys?? Maybe I should leave this area.
    I think you going back through the area is what caused the problem. Once they may have thought "did he relize what was set out in the water?" But twice, I would be PO'd mayself if that happened to me.
    The next time you see anything like that I'd suggest you avoid the area.
     
  6. What the heck is this ? ? ?
    Gibroni's floating on air mattresses

    Am on hunters side of this issue
    ...
     
  7. misfit

    misfit MOD SQUAD

    gotta side with the hunter.not knowing exactly how either of you handled the exchange(tone,attitude)i won't speak to that.you may have unintentionally came upon them the first time and they probably gave you the benefit of the doubt.but after seeing the spread,etc,i find it difficult to believe you didn't know the have an idea what was happening after coming that close the first time.as mentioned,guy in boat(with no fishing gear)a huge spread of decoys,"something floating" in the middle of it would be my first clue/clues;)
    that's probably what the boat guy thought,and when you came back for seconds,that did it.aside from interfering with the hunter(even unintentionally)you were also putting yourself in harm's way.
     
  8. Dink had spoke with me earlier about this and from what he said, I am leaning towards Dinks side on this one, now then, I do not hunt nor do I understand hunting laws but where this dude was floating, was right on top of where the only structure ( humps) is in the lake and also was right on the thoughfare that "everyone" takes just off the point. Without seeing the situation or being there, I would have done the exact same thing Dink did and offered to call the warden myself. Just my opinion here guys and it all comes down to the lack of public water and the over use of it here in SW Ohio. It sure would be nice to have more then 3 lakes within 2 hrs for all 6 million folks in SW Ohio to use. Two last points is that I would assume the bird blasters would be out at first light/or before, not at high noon and that these guys were not hunting from a state fixed blind. ( maybe doesnt make a difference, not sure)

    I guess the question comes down to who has the right in this situation to the "Public" water. Officialy Im sure DNR would say Neither and just ask both parties to play nice in the sandbox.

    Good discussion here, thanks for the input guys as not all of us are the hunting types and know what we shoud or should not do when hunters are around!

    Salmonid
     
  9. duckman

    duckman Dr Data

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    First of all only we dumb @$$ duck hunters are supposed to be out there once it gets cold enough to freeze. Except of course we dumb @$$ ice fisherman who also like it when it is cold. But we dumb @$$ ice fisherman usually wait until the water is hard!

    He probably was using a layout boat and not an air mattress. A layout boat is not a cheap accessory (Think remote start kicker motor)!

    It’s always a good idea to check in with the park office for events though who really does that... regardless we all need to be cognizant of others

    That said if you see guys in fast bass boats with colorful shirts on you might think hmmm tourney maybe ... I should give him his space since he was already here...

    There are areas for dogs to swim on some lakes but I see folks fishing there not thinking about what might happen should they hang up a crankbait and it breaks off

    If you were on one of the many lakes in Ohio which have drawing for duck blinds they have advisories for those areas

    quite honestly it takes so much thought and effort to setup for duck hunting that when someone goes through your spread it is very frustrating... so taunting these guys who were there before you ... before even the buttcrack of dawn was a bit rude after you figured out what the deal was

    Lesson learned, regardless of what your doing just be respectful of others.
     
  10. duckman

    duckman Dr Data

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    Most Lakes allow hunters to setup any where from a boat but not in front of an established blind. though the ducks have peas for brains ... big ducks (Mallards and Blacks) after being shot at from shore they start rafting up in the middle of the lake or in the case of divers it is their natural inclination. Layout hunters can be found in the middle of the lake for this reason and all day long
     
  11. Hetfieldinn

    Hetfieldinn Staff Member

    The guy with the gun is right in all situations, 100% of the time.
     
  12. Pretty short season for ducks and geese.
    "Should just hunt mornings" not a good argument

    Early statewide* CANADA GOOSE
    September 1 through September 15

    2007-2008 Geese and Brant Season Dates
    LAKE ERIE ZONE
    Oct. 20 - Nov. 4
    Dec. 8 - Dec. 31
    NORTH ZONE
    Oct. 20 - Dec. 2
    Dec. 22 - Jan. 6
    SOUTH ZONE
    Oct. 20 - Nov. 4
    Dec. 15 - Jan. 27

    2007-2008 Duck, Coot, Merganser and Canvasback Season Dates
    NORTH ZONE
    Oct. 20 - Dec. 9
    Dec. 22 - Dec. 30
    SOUTH ZONE
    Oct. 20 - Nov. 4
    Dec. 15 - Jan. 27
     
  13. One thing that is taught in hunter education is ethics. Hot heads give all types of sports/hobbies bad names. Hunters have enough to worry about with all the anti's we should not give others who make honest mistakes, we have all made, attitude. If the guy was an ass, shame on him. He should have politely explained his situation and requested you leave. He had legal ground kinda. I know as a hunter I have many times mistakenly walked, drove or boated into another hunters area and politely left when I realized it. By make an ugly situation out of an honest mistake, it gives all hunters a bad name. If you were circling his boat boat or banging pots and pans, I would have taken a very different approach.

    The guy with a gun attitude is not only stupid, it also reflects negatively on hunters. We are not all cave men with big guns and attitudes. I woulld like to invite you to hunt, it is a great time and puts tasty treats on the table, no different than fishing. Have a great day and enjoy the outdoors no matter what it is doing...
     
  14. duckman

    duckman Dr Data

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    cmon folks ... though true .... I saw this and laughed .... lighten up Francis! (Regarding the responses to this thread)
     
  15. Hetfieldinn

    Hetfieldinn Staff Member


    I was actually trying to go the common sense route, not take the 'I'm a bully with a gun' attitude.

    Who in their right mind would put themself in a confrontational situation with an armed man?
     
  16. RareVos

    RareVos Lost Sailor

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    Wow... if only that applied to jet skis, wake boarders, and rental canoes.
     
  17. thanks for that infomative bit of knowledge Blue pike, might be able to use that "harrasing fishermen" against the local pleasure boaters who show no respect what-so-ever, never knew there was a law like that on the books. i can side with the hunter as well, but he was right in the middle of the main thouroughfare of the lake, not in some backwater or in a blind. he may have thought it was intentional, i just dont know, but he came accross as if he owned the lake. an answer i havent got yet is "how much distance" should a duck/goose hunter get? 50-100-200-500 yards, whole lake? and how much distance from a blind on the bank? (just for future reference). this is the first time i have came across a hunter in a "public" setting, it is definately a learning experience for me. most ducks and geese i have seen or encountered will attack you if you have something to eat, let alone get "spooked" :D. there wouldnt have been any confrontation at all if he would have just explained to me i was disturbing the area in a nice way, i would have apologized and quietly left the scene. being my nature when i get yelled at i yell back twice as much. BTW, i was armed as well so both of us must have been right;)
     
  18. Really, a moving human 200 yards away can interfere with a ducks decision to fly into a pack of decoys.

    Should wait till the season is over.
    ...
     
  19. You may be in the right but still be wrong! Guess you just use commom sense and courtesy. Been lot's of times when I knew I was right(well maybe not that many) and someone else wasn't but just let it pass as an honest mistake. I've crossed duck hunters,deer hunters and fisherman unexpectedly and with a little nod and see ya was all it took. Just look at it as what would you do if you were the other person. We all have to share our public waters and woods and I'd like to think I'm sharing with friends I haven't meet yet! As to what Het said I agree,it's obvious he was just saying to lighten up and not be so serious. I didn't take offense to that. After reading this maybe more people will be aware of situations like this and know what to do when they encounter one.