Fishing Forum

[font "Verdana,Arial,Helvetica"][black][size 1][font "Verdana,Arial,Helvetica"][black][size 1]This applies to Utah State Law:


I decided to find out once and for all the big question many float tubers have about whether or not it is legal to duck hunt from a float tube (i.e. whether a float tube would be considered a "sinkbox").

Here is an email I sent to Scott Root, the DWR Central Office administrator, and his response:

Quote:Kevin,

Good question!....I just spoke with Jack Topham, our Law Enforcement Lieutenant and he stated that a pontoon boat or float tube are considered as "boats" and not as sink boxes...they are OK to use!

>>> "Kevin"> 11/10/05 11:48 AM >>>
Scott,

I have a question about one of the regulations for waterfowl hunting.

The reg. in question is on page 10 of the waterfowl proclamation (Sec. XI, Subsection F.)

Here is a cut and paste of the reg.:

F. Sinkbox (page 10 of the Waterfowl Proclamation)
R657-9-15 & 50 CFR 20.21©
A person may not take migratory game birds from or by means, aid or use of any type of
low floating device, having a depression affording the hunter a means of concealment
beneath the surface of the water.

Here is a cut & paste of the term "sinkbox" from pg. 5 in the glossary:

(24) "Sinkbox" means any type of low floating device, having a depression, affording
the hunter a means of concealment beneath the surface of the water.

I was just wondering if a float tube, such as many fishermen use to flyfish and other types of fishing, would be considered a sinkbox under this regulation. It is a low floating device, however it does not have a depression, it has a hole (round style tube) or just a seat (V-shaped tube) and just the legs from just above the knee or at the knee is below water. That is the only portion of the hunter that is below water. This would be similar to a hunter wading in the water, where the lower extremeties are beneath the surface of the water as well.

It is my opinion that this would not be considered a sinkbox, since the hunter is not concealed below the water, nor could be without drowning, however before venturing out in a float tube to duck hunt I wanted to check what the position of the DWR was on this matter. I do not want to do something if the DWR considers it illegal, however I do not think that the current law was meant to prevent this type of hunting.

Please let me know.

Thank you .

A concerned hunter/angler.

Kevin

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[cool][#0000ff]While Utah does have some "interesting" laws, I doubt that they have legislated against hunting from float tubes and/or pontoons. These craft are popular with waterfowlers in many parts of the country. In fact, several manufacturers have included camo color schemes in their lines.[/#0000ff]
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[#0000ff]I have read a couple of stories in outdoor publications about guys that launched on small slow-flowing midwestern streams and hunted through a couple of miles of farmland that would otherwise be inaccessible. They not only blast waterfowl but also hunt wiley squirrels this way too.[/#0000ff]
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[#0000ff]The big problem is getting a float tube for your dog and teaching him how to use the fins.[/#0000ff]
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Good thing I don't have a dog then. [cool][cool]

I researched this because of several reports on the Utah DWR forum that stated that they had been cited by an officer for hunting with a float tube. The consensus was that some COs would cite you while others would not, and that you would be taking your chances if you did it.

I didn't believe it, so I contacted them myself to find out. I was just worried about it being one of those "letter of the law" things that someone could interpret wrongly.[cool]
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[cool][#0000ff]In spite of the popularity of tubes and 'toons, there are not many laws specifically directed at either fishing or hunting from them. Wildlife officers have largely used their own interpretations and their own judgment when deciding whether or not to persecute users of flotation fishing craft.[/#0000ff]
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[#0000ff]One of the best examples, from my personal experience, was a small lake in Colorado where I wanted to do some tubing. It was a state park and when I asked about special regulations for tubing I was told that I would have to stay within the swimming area (with buoys). Then, they told me that I couldn't be fishing though, because I might snag someone with the hooks. Now, mind you this was in early November, and there were neither boaters or swimmers on the lake.[/#0000ff]
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[#0000ff]By the way, I don't recommend that you hunt elephants from the tube. Settin' up those decoys is murder.[/#0000ff]
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Not to mention trying to get out of the way if they charge. Better mount an outboard at least for added safety!
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