Is an Illegal Shot Still Illegal, If It’s a Miss?

December 6,  2018

Question: I saw a guy shoot at a cormorant while hunting waterfowl. He missed it. I think he may have figured out it was an illegal bird to shoot because later I saw more cormorants fly over him and he didn’t shoot at them. I’m curious – could a game warden have cited the man for shooting at the cormorant, even though he didn’t hit it? (Chris)

Answer: Yes, he could have been cited for “take” of the cormorant, even though he missed. “Take” is defined in the California Fish and Game Code, section 86, as the act of hunting, pursuing, catching, capturing or killing, or the attempt to hunt, pursue, catch, capture or kill.