Empty Shell Casings as Trail Markers

October 22, 2009

Question: One of my favorite hunts is for upland game in Federal Wilderness (National Forest) Areas. Often I’ll leave my spent shotgun shells on the ground or trail to mark the exact spot where I saw game earlier. The casings serve as a reminder for me when I later hike back out. I eventually pick up my spent casings but know that many hunters and other hikers disapprove of seeing the colored shotshell casings on the ground.

Aside from the stewardship and aesthetics issues, is this practice legal? It seems like a majority of hunters leave their spent casings of plastic and brass right where they land and don’t bother to pick them up. Is this citable as a littering offense? If so, is it ever enforced? (Doug R.)

Answer: Yes, this is a violation of both federal and state law. It falls under the sanitation law for U.S. Forest Service Wilderness Areas (Title 36 CFR, Chapter 2, Section 261), which defines the failure to dispose of any personal refuse, debris, trash or litter in an appropriate receptacle as a citable offense. Spent shell casings are considered garbage. In addition, every state has general litter laws. In California, depending on how close to water the spent casings are dropped, you could also be cited for leaving litter where it may pass into the waters of the state (FGC Section 5652.)

The fact you “intend” to retrieve the casings is not a valid excuse, according to retired Capt. Phil Nelms. Technically, if you are dropping the empty cases and leaving the area, you are violating the law. Instead, I suggest you mark your trail by clearing small spots of ground or by using natural objects that are readily available in the immediate area, like rocks or twigs. You might also want to consider a GPS to help with your navigation.

Take an orienteering class and learn how to navigate.

BS, do it anyway.

so, if leaving a spent case behind to mark or blaze a trail and then recovered later is considered a violation, is trail marking with ribbon also illegal? 

so, if leaving a spent case behind to mark or blaze a trail and then recovered later is considered a violation, is trail marking with ribbon also illegal? 

Yes, law enforcement/SAR excepted. So are ducks in wilderness areas. Don't leave a trace and learn how to navigate.