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California Outdoors Q & A: Hunting with Passive Night Vision Equipment? What to Do With Pesky Coyot
by Carrie Wilson
1-4-2011
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Question: How far off the road must one be to begin hunting or to shoot at an animal? I see guys hunting ditches just off the road for pheasants all the time. Also, what constitutes a "road" for this purpose? (Michael O., Woodland) Answer: According to DFG Lt. Todd Tognazzini, there are several laws that apply to what you describe. The U.S. Forest Service calls for staying off the roadway, and this includes the adjacent right of way areas such as the road shoulder or those areas where service vehicles would travel. County ordinances often define the distance allowed from a public roadway where a firearm may be discharged, and it is usually around 150 feet. This can be highly variable though so I suggest you check with the county sheriff for the area where you'll be hunting to find out. It is always unlawful to negligently discharge a firearm and the California Penal Code, Section 374(c) also prohibits the discharge of a firearm from or upon or along a public road or highway. Definitions for road and roadway can be found in sections 527 and 530 of the California Penal Code. Question: I have an important question regarding the use of "passive" night vision equipment when legally night hunting non-game mammals and non-game birds in the state of California. My research indicates that it is perfectly legal to hunt non-game mammals (e.g. coyote and bobcat) using passive (which means it does not project an infrared beam of light or other artificial light) night vision equipment (e.g. rifle scopes, binoculars, etc.) that do not conflict with the California Penal Code for legal possession. If you believe that my conclusions are in error, please state the applicable regulation and specific verbiage in the law. For the record, is it illegal to use any type of night vision equipment in the state of California while legally hunting big game or non-game animals? Yes or no? (Rick B.) Answer: Yes, it is unlawful to use or possess at any time any infrared or similar light used in connection with an electronic viewing device or any night vision equipment or optical devices. According to Department of Fish and Game (DFG) ret. Captain Phil Nelms, this includes but is not limited to binoculars or scopes that use light-amplifying circuits that are electrical or battery powered to assist in the taking of birds, mammals, amphibians or fish (Fish and Game Code Section 2005(c)). The answer could be no if you consider 9-volt lights, hand-held flashlights, red dot scopes, etc. to be night vision equipment. Fish and Game Commission regulations do authorize the use of lights in some circumstances (see California Code of Regulations, sections 264 and 264.5 starting on page 9 in the 2010-2011 Mammal Hunting Regulations booklet or online at www.dfg.ca.gov/regulations. Please note that the restrictions in this law apply when taking all birds and mammals and includes all such devices that are either electrical or battery powered, including when using lights to take non-game and fur bearing mammals in accordance with CCR sections 264 and 264.5 in the current mammal hunting regulations. This means using any type of night vision equipment (whether attached to the firearm or not) that uses light-amplifying circuits that are electrical or battery powered to assist in the taking of birds, mammals, amphibians or fish is strictly illegal, even when hunting non-game animals.
Carrie Wilson is a marine environmental scientist with the California Department of Fish and Wildlife. While she cannot personally answer everyone’s questions, she will select a few to answer each week in this column. Please contact her at CalOutdoors@wildlife.ca.gov.
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