Drifting for Waterfowl

December 20, 2012

Question: Is it legal to drift down or anchor a boat in a river to hunt for waterfowl? The river is in the “Balance of the State” zone and is surrounded by unincorporated privately owned farmland, with the occasional house or barn visible from the water. I know you cannot discharge a firearm within 150 yards of a dwelling or near a public road, and I know that all motors must be out of the water. Would drifting be considered forward motion? (Anonymous)

Answer: Drifting is not considered “under power.” What you describe would be legal as long as you access the river from a legal access point, and once you’re hunting, your motion is not due to momentum provided by the motor before it was turned off. You must also take into account the retrieval of the birds you take. Should you take a bird that lands on private property that you do not have the authority to access, you run the risk of a hunting trespass for retrieval, or waste of game if you do not retrieve it. Also, you need to remember not to discharge a firearm within 150 yards of an occupied dwelling, and these may be difficult to see from the river. Finally, there may be other state or local ordinances and regulations (such as no shooting zones) or other restrictions that may prevent you from hunting the section of water you want to hunt.