Are wave machines legal?

[bigtex]

I just don't want guys running out and spending money on items that will get them a ticket.

It's not a ticket. It's a criminal offense so it's a mandatory appearance in court in front of a judge.

[CP]

Without a definition there is no way to enforce the law.  It would be a big waste of the court’s time.

[ghosthunter]

Here is the final word.

From: Mann, Richard P (DFW)
Sent: Wednesday, November 12, 2014 9:14 AM
To: Lee, Jeff B (DFW)
Subject: RE: Question
 
 
I say yes,  Mill Creek is giving out bad information and should cease doing so immediately.
 
Two things to consider -
#1 - WDFW does not define "decoy" in RCW 77 or WAC 232, therefore we use the common definitions in Webster, which includes "Any means used to mislead or lead into danger":
#2 - The WAC below says “hunt ... with the use or aid of battery powered or other electronic devices as decoys”.
 
WAC 232-12-257
Use of decoys and calls.
(1) It is unlawful to hunt waterfowl, wild turkeys, or deer with the use or aid of battery-powered or other electronic devices as decoys.
(2) It is unlawful to hunt waterfowl, wild turkeys, or deer with the use or aid of electronic calls.
(3) Except as otherwise authorized by rule of the commission or by contract or agreement with the department, any person placing waterfowl decoys on any area (including water, access areas, roads, and trails) under the ownership, management, lease, or control of the department, shall not:
(a) Place waterfowl decoys prior to 4:00 a.m.;
(b) Allow or permit waterfowl decoys to be unattended or not in their immediate control for a period greater than one hour;
(c) Fail to remove waterfowl decoys within two hours after the close of established daily hunting hours; or
(d) Place waterfowl decoys on days closed to waterfowl hunting.
(4) This regulation shall be enforced under RCW 77.15.400.
 
The item shown is powered by AA battery per the advertisement and when placed it is “used to mislead or lead (waterfowl in this case) into danger.
It is therefore a battery powered device used as a decoy and illegal under RCW 77.15.400 and WAC 232-12 257.  Basically, anything used that is electronic or battery powered to attract waterfowl to an area is illegal.
 
Hope that helps.
Rich

[CP]

Anyone want a couple Lucky Duck H2O Quiver Magnets?  Never used, new in box,  dirt cheap.

 

[ghosthunter]

One final thing.

I asked Mann,

"Could a person use a wave machine to keep ice from forming prior to hunting a pond as long as the machine was removed prior to placing decoys?"  he answered YES.

[ghosthunter]

CRAP HOLD THE PHONE THEY ARE STARTING TO BACK PEDDAL.

Mann's response is getting reviewed.

[vandeman17]

One final thing.

I asked Mann,

"Could a person use a wave machine to keep ice from forming prior to hunting a pond as long as the machine was removed prior to placing decoys?"  he answered YES.

Not that I have the spot of money for an ice eater but thanks for the clarification. I had thought this would be the case but with WDFW and their rules, anything is possible

[Curly]

CRAP HOLD THE PHONE THEY ARE STARTING TO BACK PEDDAL.

Mann's response is getting reviewed.

CP, it sounds like you still have a chance to get to use those quivering pucks.

[bigtex]

CRAP HOLD THE PHONE THEY ARE STARTING TO BACK PEDDAL.

Mann's response is getting reviewed.

This just shows the total confusion in the agency regarding this issue.

[CP]

Simple issue right? 

I personally believe that Mann’s ruling was based on the definition of the verb “to decoy” while the WAC uses the noun “decoys”.  But he and his write the citations and make the arrests.  I’d hate to be cuffed and stuffed over a quiver magnet.

At least it doesn’t depend on what the meaning of the word 'is' is.

[TheHunt]

One final thing.

I asked Mann,

"Could a person use a wave machine to keep ice from forming prior to hunting a pond as long as the machine was removed prior to placing decoys?"  he answered YES.

So keep them up and running all night long and a few minutes before shooting light turn them off.  Hunt the area and when you leave fire it up.  I am assuming one would own the pond which to put an ice eater. 

I know a few who do this.  They even dug a pit to put a honda generator to run it all night long.

[cliffordingles]

This thread is getting a bit confusing. I personally, from the beginning of this thread figured the quiver magnets were a no go. But I also figured a lot of you guys were right about using a wave machine/ice eater not during your hunt. I might have missed some of the posts but im confused now lol. 

[JBG]

Simple issue right? 

I personally believe that Mann’s ruling was based on the definition of the verb “to decoy” while the WAC uses the noun “decoys”.  But he and his write the citations and make the arrests.  I’d hate to be cuffed and stuffed over a quiver magnet.

At least it doesn’t depend on what the meaning of the word 'is' is.

Wouldnt you have to include the verb "to decoy".  If you dont wouldn't I be able to just put the guts of a mojo with the black and white wings on a post and run it.  "It doesnt look like a duck   officer"

[ghosthunter]

This thread is getting a bit confusing. I personally, from the beginning of this thread figured the quiver magnets were a no go. But I also figured a lot of you guys were right about using a wave machine/ice eater not during your hunt. I might have missed some of the posts but im confused now lol.

You are not alone.

At the time they closed yesterday.
Ice machines were ok as long as you were not using them during hunting.

Quiver pucks, well there is the rub. They seem to be split over legal or not.
Capt. Mann said no in the email. And I have received nothing to change that.

But there was another email questinioning his position. They are sorting it out I guess.

At this point I would not use the Quiver pucks myself.

[irishevox]

I RECIEVED ANOTHER EMAIL WITH DIFFERENT GUIDANCE!   PLEASE READ~!!!!!!

We apologize for that.  This has become a big topic and our enforcement chief, our attorney and wildlife program director have all  talked and agree that  the way the WAC is written they are not legal and they have since shared that with officers and other staff for consistency purposes.  There are not plans to change it at this time either.  They will be looking at specifically addressing this topic in the regulations next year to help clear up the confusion.  You may even see a news release before that possibly.  We hope this helps clarify and again apologize for the misinformation originally.

Sincerely,
Region 4 Customer Service

-----Original Message-----
From: Haggerty, Timothy O YN2 VP-1, B410 R205 [mailto:timothy.haggerty@navy.mil]
Sent: Thursday, November 13, 2014 8:49 AM
To: Team MillCreek (DFW)
Subject: RE: USE OF WAVE MACHINES
Importance: High

Another mill creek rep told me they were legal...?   via email

-----Original Message-----
From: Team MillCreek (DFW) [mailto:TeamMillCreek@dfw.wa.gov]
Sent: Wednesday, November 12, 2014 10:40 AM
To: Haggerty, Timothy O YN2 VP-1, B410 R205
Subject: RE: USE OF WAVE MACHINES

At this time wave machines are not legal in Washington State.

Sincerely,
Region 4 Customer Service


-----Original Message-----
From: Haggerty, Timothy O YN2 VP-1, B410 R205 [mailto:timothy.haggerty@navy.mil]
Sent: Friday, October 31, 2014 9:40 AM
To: Team MillCreek (DFW)
Subject: USE OF WAVE MACHINES
Importance: High

Hello,

   After reading your regulations many times I never saw anything that would ban a wave machine.  I would like to clarify if wave machines are legal or not.  I saw in the migratory game pamphlet that the use of electronic decoys and electronic calls are illegal.  That would make the wave machine legal as long as it is not connected to decoys.  Am I wrong or right?

V/R
YN2(AW/SW) Timothy O Haggerty
VP-1 "SCREAMING EAGLES"
ADMIN
DSN: 312-820-8379
COMM: 360-257-8379
CELL: 504-430-1236
NIPR: timothy.haggerty@navy.mil