Legal to Watch Wildlife by Spotlight?

September 17, 2009

Question: I know that it is not legal to spotlight hunt, but what if I’m just out looking around in the dark with my vehicle’s headlights on and I happen to have a rifle, shotgun or bow with me? Can I get in trouble for just looking around if I’m not even hunting?

Answer: Yes! It doesn’t matter if you say you are not hunting; you can still be cited if the following are true:

1.   You are throwing or casting the rays of any spotlight, headlight or other artificial light on any highway or in any field, woodland or forest where game mammals, fur-bearing mammals or nongame mammals are commonly found; and

2.   You have in your possession or under your control any firearm or weapon with which those mammals can be killed, even if no mammals are killed, injured, shot at, or otherwise pursued (FGC Section 2005).

According to Game Warden DeWayne Little, it is not the game warden’s responsibility to determine the intent of the person spotlighting. Unfortunately, too many deer are poached at night with the aid of artificial lights so this regulation is strictly enforced statewide. Game warden pilots even fly night patrols specifically to locate spotlighters who are poaching wildlife at night.

If you want to view wildlife at night with lights, leave your guns and bows (or anything that can be used to take game) at home and be aware that if you are observed shining a light, you will be stopped by law enforcement and questioned about your activity. You should realize too that this stop may be done at gunpoint and your vehicle will be searched for weapons, as spotlighting is considered a high-risk crime.

Duh!