CA: Dogs Can Take Game…And Land You a Fine

In California, a hunting dog is considered an extension of the hunter, meaning that a dog may actually “take” game by catching a live bird or mammal. This means a dog that brings a wounded duck back to your blind has contributed to your bag limit, even if you didn’t shoot the duck. Under another scenario, a dog who “takes” game before legal shooting light can land you a fine for hunting before legal hours, but if you discard the bird you can be slapped with a fine for waste of game laws.

And if you’re out getting your dog some exercise after hunting season and he “retrieves” a wounded bird, you can be cited for illegal take, even if you weren’t hunting.

Make sense to you? Carrie Wilson from the California Department of Fish and Game (DFG) addressed this issue in her weekly Q&A column on March 18.

Question: Is it legal for a dog to grab a wounded duck on the way to the blind before shooting time? Last duck season a buddy and I were at Wister and at 4 a.m. we started for the blind and the dog was ahead of us going in and out of the water canals. When my buddy called him back, he showed up with a wounded duck that was still alive. Was it OK to keep that duck?

--Bill S.

Answer: A dog is considered a legal method of take by DFG regulations. Dogs may be used to locate, retrieve and may actually “take” game by catching live game. According to DFG Northern California Chief Mike Carion, although it is legal for the dog to take game, you have to remember that any game it takes becomes part of the bag. In the scenario you have described, the dog’s take was done before legal hours and would be a technical violation of the law. In addition, if the hunter were to discard the bird it would be a violation of waste of game laws. In order to avoid issues of illegal take (for instance take before or after season, or before or after legal hours of take), your dog should be on a leash and under control so this scenario does not happen to you!

Comments

It seems pretty clear, the odds the warden saw your dog retrieve the cripple as you were on your way out is roughly zero. All he knows for certain is that you are limit +1 and it might depend on how many times he has heard, "my dog found the extra one on the way out" that day. The same goes at the start of the day, if he finds you before hours with game he might not know or care how you got it. It's not an anti-dog law, it's about limits and hours. Granted, if the dog catches something while you're just out for a walk after work, it's just a tool to ding your wallet. From Tim on Sunday, December 11, 2011 12:45 PM I love calif From joey on Wednesday, November 02, 2011 10:29 AM Let's see no hunting of any kind after dark. Does not matter that wild hogs are overtaking the state. The only thing the wardens are good for is punishing honest people. One guy mentions that CA should secede. I wish it would. Best part of CA is seeing it in my rear view mirror. What a screwed up place !!! From Mike Fulenwider on Tuesday, August 09, 2011 1:24 PM To Carole, regarding the nonsense about the mousetraps: That's...nonsense. There are plenty of silly laws that you can use to make a point; don't use some daft forwarded e-mail with a made up quote to try to make one. You just ruin credibility for the rest of us. From Brandon on Monday, August 08, 2011 10:47 PM Heck, a friend of mine is legally blind, and she uses a seeing eye dog and has a carry permit. She can see up close and has been accosted several times. Not going to say which state, not Cali, but the dog goes for the paper for her. Local game warden has written her several tickets for an unchained animal, and she lives in a rural area in a gated farm house. The only time the dog goes out is to get the mail and paper, both of which are placed in plastic bags by the mail man and paper boy. She goes in front of a judge and he tells her since she can see up close she isnt legally blind, YET can't get a driver's license. And has papers putting her under legally blind heading. Lucky for her she has military retirement and retirement from her previous job and book she co wrote. So she isnt hurting. Yet that state's blind assistance group has had several doctors state she is legally blind. Now the local judge is up on BAR charges and Game warden is up in front of review board. Last I heard she was going to win. It's simply a matter of going through hoops. And she is suing the district as they are now trying to take her permit. She moved to her current home to get away from people who would take advantage of her condition, her personal carry, and Taurus Judge .410/.45LC. Seems we are getting some good laws passed as much as some idiotic ones. From Lee on Wednesday, February 09, 2011 11:43 PM Glad I live in TEXAS. The bad part is the more of this CA does the more Californians move to TX. From George Stoneham on Tuesday, February 08, 2011 7:06 PM I can go you one better than this. Did you know that in California it is illegal to set a mousetrap without first obtaining a hunting license? From Carole on Saturday, September 04, 2010 9:48 PM I have one thing to say to JAK....I seriously DOUBT you know anything about hunting or the purpose it is for...but think about THIS...MAN WOULDNT HAVE MADE IT THIS FAR WITHOUT HUNTING TO EAT!!!!! From krystal on Saturday, September 04, 2010 12:50 PM Years ago my friend said everything you do regarding hunting in California will be against the law. He was right. We used to run hounds. From John on Saturday, September 04, 2010 12:39 PM The liberal left and liberal media assault common sense in the hopes that we the people will stop hunting, shooting and enjoying ourselves. It isn't going to happen!!! And the guy who wants California to secede I have a better idea. Let's give California to China in exchange for US debt and if that's not enough they can have the liberal areas of Washington DC and New York too! From Patrioit_492 on Saturday, September 04, 2010 9:30 AM I love all of the CA bashing all over the web. Still, 25m of you 'good ol' boys' have moved here since I did, so it must suck awful good. Heck, if I had my way, CA would secede, and the United States would become 3rd world country. Flame on boys! From Robb Ury on Friday, September 03, 2010 6:31 PM wrong...wrong From Tom Monks on Friday, September 03, 2010 1:30 PM And if the dog had not found the wounded duck and it died and was wasted wouldn't that be the same as someone bagging the game and then wasting it? Talk about stupid bureaucrats splitting hairs. It is the same in Washington State. A friend shot a deer that died on a steep bank next to a trail. He drug the deer down to the level ground on the trail before putting the tag on it, so that he would not slip and possibly be injured. The game Warden cited him for not "immediately tagging the animal." A time difference of about 3 seconds. Whatever happened to "Common Sense?" From Wayne Zinter on Friday, September 03, 2010 12:20 PM Glad I left Calif. It's just going to the dogs. From Dan Porter on Friday, September 03, 2010 8:19 AM Glad I left Calif. It's just going to the dogs. From Dan Porter on Friday, September 03, 2010 8:18 AM Californicators...from the land of fruits and nuts...ya gotta love em. From Elvis on Wednesday, June 09, 2010 9:19 AM Yet another reason why I left that disgusting place. I have no desire to go back. I will spend my money somewhere else. JAK, you are the backside of a donkey. From Mike on Sunday, June 06, 2010 10:18 AM Is there a way we can talk California into seceding from the union? They are a liability both socially and economically. From Mitch Barkett on Sunday, June 06, 2010 8:29 AM what did you expect from California! From mike on Sunday, June 06, 2010 8:27 AM When I have finished hunting and returning to my vehicle and my dog picks up a cripple I am over my limit and citable. I would normally take the bird in and give it to someone who was short on a limit. Now I leave it where the dog finds it to avoid the citation. You should note that at that point I am in violation for willful waste of the game. The enforcement of this would be laughable except that I have seen it happen several times. I once received a ticket because my dog crossed a fence to retrieve a cripple. Trespassing! Had I called the dog off they would have gotten me for waste. The recourse is to not get caught...do the right thing. From GD on Wednesday, May 26, 2010 11:35 AM Every dog owner should have control of their dog, whether by leash or verbal commmands. This law is similar to many other state's laws. I worked at a state park that required leashes because dogs have killed wildlife (ducks and even a red fox) and hurt other dogs. Bottom Line: Dog owners are responsible for whatever their dogs do. From JAK on Wednesday, May 12, 2010 3:22 PM Yeah, people should be able to let their dogs go kill anything anywhere anytime and hunters should be able to do the same. The freedom to kill is far more important than anybody's right to enjoy life. How horrible that California tries to regulate hunter's rights to kill...right guys? From Sahara on Wednesday, April 07, 2010 11:03 AM California has better hunting laws than Washington state, believe it or not. From Dave on Saturday, April 03, 2010 2:13 PM California has some of the worst gun laws in the country. With Arnold as the governator? I watched Commando, it didn't really go that way. C'mon! It'd be like having Barney Frank and no gay marriage. From Mike on Thursday, April 01, 2010 9:56 PM Well, as a resident and hunter of the "wonderful" state of California, this is one of the DFG laws that is subject to question. When it comes down to the act, if the dog is caught, it is going to be upon the discretion of the Fish and Game Warden as to what your punishment and/or fine will be. From Lila on Monday, March 29, 2010 6:25 PM California State sucks at understanding themselves so much they elected a retarded to run the state, no pun intended for those who are mentally challenged, but the Governor Arnold takes the cake at allowing all these stupid ass laws to go unchecked. From Mike on Monday, March 29, 2010 6:24 PM If you walk and talk in California, you're probably breaking the law! From Brian Alger on Sunday, March 28, 2010 10:54 PM I just made up my mind, with the continual or perpetual ignorant laws in California, I plan never to set foot in the state of CA for vacation or any reason. The state is going broke and does not realize it is choking its citizens' freedoms each passing year. From Jay on Sunday, March 28, 2010 9:38 PM It sounds like any dog law in most states. If you don't have control of your dog, it must be leashed period. Whether hunting or hiking or whatever, your dog must be under control or you are responsible for it. If you look at it like that, it's not so outrageous. From Paul Ferrante on Sunday, March 28, 2010 2:09 PM First, I'm glad I don't live in California. Second, it sounds like you would have to keep your dog on a leash until legal hunting hours. -Chris From Chris Wright on Sunday, March 28, 2010 11:48 AM I'll say one thing about California's hunting and gun laws; they are consistent - consistently stupid. From John on Sunday, March 28, 2010 10:29 AM Good old California, just another money making scheme. From steve on Sunday, March 28, 2010 3:19 AM

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