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

By Justin McDaniel Published: 3/24/2010 Updated: 8/26/2010

CA_DFG_Dog_Retrieving_Bird.jpg

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!

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Comments
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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