Human-Powered Boats

December 22, 2016

Question: I have a question regarding a human-powered boat for duck hunting. I understand from the regulations that sails and motors can’t be used, but paddles and oars can. My boat has a prop for propulsion, but it isn’t gas or battery powered. Instead, it has bike pedals so I power it with my legs. It’s called a drive so would that be considered a motor? I am wondering if the “spirit of the law” originally allowed for the use of human power, but because pedals weren’t thought about when the law was written, they aren’t specifically mentioned under the “letter of the law.” How would this be enforced? Would I be OK to use it? (Doug T.)

Answer: Your drive may give the impression that your boat is under power, so if you are checked in the field, I would expect that you would be thoroughly inspected to determine the source of propulsion.

Regulations generally prohibit the take of “any bird or mammal from any type of motor-driven air or land vehicles, motorboat, airboat, sailboat or snowmobile” (California Code of Regulations Title 14, section 251). However, take is allowed if “the motor of such motorboat, airboat or sailboat has been shut off and/or the sails furled and its progress therefrom has ceased, and it is drifting, beached, moored, resting at anchor or is being propelled by paddle, oar or pole.”

Since our regulations don’t define what a “motor” is, courts would interpret the word by looking at the dictionary. Most definitions of motor seem to point to a machine or engine. However, many definitions refer to devices that convert one kind of energy into mechanical energy to produce motion. Given this potential ambiguity, many wildlife officers would likely not cite you for shooting from your human powered boat. But, to avoid the potential of being cited, the California Department of Fish and Wildlife (CDFW) recommends you take the propeller out of the water in addition to being stopped while actively hunting.

Is your Native propel a motor-driven air or land vehicle?
A motorboat? An airboat? A sailboat? A snowmobile?

No.  No is is not.  It does not matter what the definition of motor is, since that only applies to air or land vehicles.  Nobody considers a kayak a "motorboat".  You can shoot ducks/deer/etc from your kayak.

 “any bird or mammal from any type of motor-driven air or land vehicles, motorboat, airboat, sailboat or snowmobile”

    a pedal drive unit is not a motor. 

  plus it goes on to say as long as the motor is "off" ...   

Peddle driven propulsion is no more a motor than a bicycle is to a motorcycle....

 letter of the law versus spirit of the law questions. Ugh

Nah, they got this one all wrong. They meant to say that you can't take birds from a motorboat/airboat/blahblahblah WHILE UNDERWAY. It's all good, as long as you aren't using the motor while shooting. So, yes, of course you can shoot from a pedal-powered kayak...just don't pedal and shoot at the same time!! duh

Nah, they got this one all wrong. They meant to say that you can't take birds from a motorboat/airboat/blahblahblah WHILE UNDERWAY. It's all good, as long as you aren't using the motor while shooting. So, yes, of course you can shoot from a pedal-powered kayak...just don't pedal and shoot at the same time!! duh

You can pedal and shoot at the same time. You can stop pedaling, be under pedal propulsion, and shoot. You don't have to pull your mirage drive or your prop. That's not what the regs say and this q&a is ridiculous.

“any bird or mammal from any type of motor-driven air or land vehicles, motorboat, airboat, sailboat or snowmobile”

    a pedal drive unit is not a motor. 

  plus it goes on to say as long as the motor is "off" ...

It seems to me that the only way a pedal drive "motor" could be "off" is if the pedaler is dead...

this q&a is ridiculous.

With the constant twisting, misinterpretation and ambiguity  of CA regs there are no ridiculous questions.
IMO, again, IMO, common sense dictates.

Question Authority!   Half the time they don't know anyway 

Question Authority!   Half the time they don't know anyway 

She'a usually right and usually really good at this. Sometimes she misses tho. It's way less than half. Maybe one in 15 or 20.

Not to worry - these sorts of regs will be obsolete once hunting is banned!

But that doesn't mean that all the policy makers in DFG will be unemployed.  New ones are being developed for defining use of "fowl" language that some might direct at ducks and geese.  A definite no-no once anti-harassment measures towards wildlife start to pick up steam. 

Happy Holidays

“any bird or mammal from any type of motor-driven air or land vehicles, motorboat, airboat, sailboat or snowmobile”

    a pedal drive unit is not a motor. 

  plus it goes on to say as long as the motor is "off" ...

It seems to me that the only way a pedal drive "motor" could be "off" is if the pedaler is dead...

I dunno, some of my friends are off and they're still alive. I just try to stay upwind of them, 'cause they don't exactly smell like they're alive.  "Old fishermen never die, they just smell that way."

;-D