# Decoying ducks with goose decoys?



## dfisher (Oct 12, 2007)

Okay, here's the scenario;
Say one day I look out my window and see a flock of plump, late season mallards orbiting the freshly cut cornfield across the road. 
Say the next afternoon is a Monday here in ND. You can't shoot geese on Monday afternoon in ND. So, if I have time to hunt these ducks on a Monday afternoon, am I allowed to set goose decoys to decoy them or do I have to use duck blocks as geese are off limits, except on Wed. and Sat. in ND?
Feed chuckl....I mean feedback please.
Good gunning,
Dan


----------



## bandman (Feb 13, 2006)

You could use an elephant decoy if you wanted. Hell, you could stick a bald eagle confidence decoy out there too.

It's all about what you're actually :sniper: ing


----------



## huntingdude16 (Jul 17, 2007)

As long as you don't shoot geese, I don't think it matters.


----------



## dfisher (Oct 12, 2007)

An elephant decoy? :lol: 
I don't think it matters either, but was just wondering if anyone knew for certain.
Thanks,
Dan


----------



## seymore (Oct 2, 2007)

Would it be a problem to convince the game warden you were using the goose decoys for the mallards, though? Not trying to be a smartass, because I've seen ducks set down in goose decoys. I just wonder if Mr. Greenjeans would believe you weren't hunting geese.


----------



## bandman (Feb 13, 2006)

From a law standpoint: There is a very fine line between suspicion and truth---_evidence_ or lack there of. Getting checked is one thing, but getting blamed for another (you're not guilty of) is pure speculation/harassment and most wardens know better.

Set up your goose decoys, shoot ducks, obviously don't cross any lines, and let the onlookers scratch their skulls all they want b/c you are in the clear.:wink:

People set up decoys out of season to take pictures and video tape so that should be all you need to know right there. Good way to get shot though. :-?


----------



## dfisher (Oct 12, 2007)

I don't know. I've had wardens tell me that they have to look at what they see in the present to decide whether or not a violation is taking place. That's what I'm getting at. Would they simily decide that I'm only after ducks, or would the outlying evidence of goose decoys being in the field sway them to think I'm gunning honkers too?
I can see a warden seeing a bunch of honker decoys and deciding that I must be shooting geese as well as ducks if they checked me. And really, you couldn't blame him. He don't know my intentions or that I know the law, or that I care. He has to make a judgement call.

Thanks,
Dan


----------



## huntingdude16 (Jul 17, 2007)

You also have to ask yourself, does the warden think your that stupid to set up in the open and then go after geese when it is obviously not time for them? The warden would probably sit and watch you still, but to be honest I think he would rather be looking at how many birds you shoot vs. the type of decoys you have.


----------



## ej4prmc (Dec 3, 2004)

Who cares about the warden's think's, cause if he is wrong to charge you he still has to convince a 12 man jury! I love America


----------



## sleeri (Oct 9, 2006)

E-mail or call the ND Game & Fish Department. They'll give you the 100% correct answer.


----------



## dfisher (Oct 12, 2007)

sleeri said:


> E-mail or call the ND Game & Fish Department. They'll give you the 100% correct answer.


Do you think they know for sure? :lol: Hard for a person to figure out what another person is gonna think or do in a given situation.

Input...input...I need input...These darn ducks are gettin' fatter by the minute. :lol: 
Dan


----------



## bandman (Feb 13, 2006)

> I don't know. I've had wardens tell me that they have to look at what they see in the present to decide whether or not a violation is taking place.


What are they going to book you for, suspicion?? :roll: You're thinking or not thinking about this WAY too much.

The evidence would be that of a dead goose and I give up trying to persuade you that it's perfectly fine. I'm honestly surprised we're having a discussion about this. Just call in if that's what it's going to take for you to understand. A decoy is a decoy is a decoy.

Should we be worried about getting fined for calling at geese in the afternoon duck decoys too?? :eyeroll:


----------



## dfisher (Oct 12, 2007)

bandman said:


> > I don't know. I've had wardens tell me that they have to look at what they see in the present to decide whether or not a violation is taking place.


Well band collector, if that's the way you feel about it.... Lighten up dude, just asking a question.
May many bands come your way.
Dan


----------



## seymore (Oct 2, 2007)

I haven't read the appropriate hunting laws in your state, but I'm curious whether or not there's a prohibition in those rules stating that you can't use goose decoys on a day that geese can't be shot. The safest thing to do would be to call a game warden or other official, and get a written interpretation. That way if someone tries to arrest you for it later, you can whip out that official paper as a defense.

As for using decoys during a photo-shoot in the off-season, there's one difference between that and hunting...the presence of a shotgun. Nobody can really accuse you of hunting out of season if you don't have a gun.

Also, in most cases you don't have to be in the act of committing a crime to be arrested and booked. Probable cause will suffice for that, and then, it's going to a trial. Whether it would be practical to arrest in the context of a hunting situation on just probable cause is one thing, because of the considerations of sending something to a jury without enough evidence to prove the case. So, if I were the game warden, would I arrest you? Probably not, because without dead geese around you it'd be hard to convict you of hunting them. But, whether you're willing to risk that "probably" on losing a lot of hunting gear for using goose decoys is what you've gotta decide.


----------



## Rick Acker (Sep 26, 2002)

There is no law against using goose decoys to hunt ducks period. If there was, LOTS of people would be getting in trouble around here. Heck, 1/2 of the time in the late season, mallards don't even feed until the afternoon. Just don't shoot any geese and you'll be fine.


----------



## dfisher (Oct 12, 2007)

That's the thing. You can call Game and Fish if you want, but what I just about bet they'll say is it is up to the disgression of the officer. Fine, as it should be.

I do know that once, in Canada, I shot a snow goose and it glided about 100 yards and I went out and shot it again and, assuming it was dead, I picked it up and brought it back and put it in the decoys, behind me. Later when I picked up, I looked back and that son of a gun was standing there looking at me. I chased it down and wound it up to finish it off. 
"Bout this time a large, grey pick up came driving out in the field and it was a Federal warden. I damn near got a ticket for that, and there was no way that I could of done anything about it. There was the goose standing in the decoys crippled and there I was, unknowingly laying there in my blind. I didn't have a clue the damn thing was still alive. I got off with a warning.

That's a bit off the subject, but just goes to show that a lot of wardens look at things differently than the majority of hunters do.

Another time a buddy and I were duck hunting an Ohio backwater. This water had an abundant carp supply and the warm weather had the up at the surface sunning, feeding, whatever carp do. Anyway, with about five minutes of legal time left, three wood ducks made a run on us. We fired but had no luck. We did scare the bejesus out of the carp that were laying in our decoys though.

When we left, the county game protector was setting by a nearby island, in a boat, watching us. At the shot he saw the carp splash on the surface of the water and thought they were ducks falling and wanted to check them. We told him they were not ducks and were carp swirling up in fright. He didn't believe us and so, he went back and went through the decoys (we left the decoys out all season) and the blind to make sure.

Just a couple of examples of what should have amounted to nothing, turning into something.

Don't mean to ruffle feathers or annoy, and I would guess that nine out of ten wardens are gonna look the other way. But you just never know for sure.


----------



## bandman (Feb 13, 2006)

dfisher, I suggest learning how to use the quote feature before you try that again because it makes no sense and there is already one bandcollector on this site. Plus, you quoted your own line....???? :-? 
I'm not trying to be a dink and I know you're new here, but it's pretty frustrating for me trying to help you out 3 times and you keep on asking and finding alternate ways around it. I'll say this one more time: "IT'S NOT ILLEGAL!"
"Good day Sir, I say Good day!!" :wink:


----------



## dakotashooter2 (Oct 31, 2003)

It's a common method of hunting evening ducks and I have not heard of anyone getting cited for it yet.


----------



## Triple B (Mar 9, 2004)

jesus christopher columbus! if you are that worried about it call the game warden. there are no laws that state what an appropriate decoy should encompass. like bandman said its all about what you shoot. some folks use heron or cow decoys as confidence decoys. does that mean they should be under suspiscion of shooting cows or herons??? you are either looking way too far into this or you are looking for an arguement. if your only intentions are to shoot ducks you are fine.


----------

