Sink Boxes... floating field pit blinds?

[Skillet]

The Sneak Boat thread got me thinking - why are field pit blinds legal but floating sink boxes are not?  I've hunted (very comfortably and successfully, I might add) out of a sunken pit in a field with a swing top on it.  Dang near had geese landing on the lid.  The point being, I was completely under the level of the dirt when I sat down in there.  The dekes were just staked into the dirt around us instead of floating.

So, what is the real difference between hunting out of a field pit and a sunken pit?  Why is one legal and not the other?

[Brad Harshman]

I think the biggest issue is safety. Sink boxes out in open water pose a serious threat to the hunters safety in the event that water gets into the box. Just my thoughts on why they are illegal

[h2ofowlr]

I think the biggest issue is safety. Sink boxes out in open water pose a serious threat to the hunters safety in the event that water gets into the box. Just my thoughts on why they are illegal

Biggest difference is you probably won't drown in a field pit.  Most excavations aren't over 5' deep.  Worst case scenario is the walls collapsing.
A lot duck hunters drown over the years in sink boxes in the early years.  Sink boxes on the open water are very lethal on the waterfowl.  A tender boat is also required, so it can pose safety issues especially if the weather kicks up on you.

[lokidog]

Pulled this over to not thread jack.

Is there a legal definition to a sink box Big Tex? I thought as long as it floats your OK?

The law states it is unlawful to hunt "from or by means, aid, or use of a sinkbox or any other type of low floating device having a depression affording the hunter a means of concealment beneath the surface of the water"

Problem is at what point are you being concealed under the surface? Is it your entire body? Half of your body? Problem is there is no answer and it leaves it up to officer/prosecutor/judge interpretation.

Gee, another ambiguous hunting related law, what a surprise....     What about a float tube?  What about standing in water arm pit deep in waders. they look like a flexible sink box to me?  Might not be very safe?  This all gets so stupid, no wonder people quit hunting or don't even get involved in the first place.

[huntingfool7]

Sink boxes were in common usage during the market hunting days.  They were outlawed in the same time frame that 4 bore punt guns and live duck decoys were.  If pit blinds had been in common usage during those times it's probable that they would have been on the same list.  I doubt a handful of drowning hunters had anything to do with outlawing them.  Those were different times.

[Skillet]

Gee, another ambiguous hunting related law, what a surprise....     What about a float tube?  What about standing in water arm pit deep in waders. they look like a flexible sink box to me?  Might not be very safe?  This all gets so stupid, no wonder people quit hunting or don't even get involved in the first place.

This is why I asked.  Doesn't make a lot of sense to me, and since the law was put in place in 1918 with the Federal Migratory Bird Act, whose primary missions were to shut down market hunting of birds that "belonged" to multiple nations (it was hardly about safety).  If it actually was about effectiveness, as many gear and method laws are - ie., no punt guns, limited shell capacity, no hunting under motor power, etc. - why would it be ok on land and not on water?  If it truly is about safety, I guess I could understand it - but I doubt that in 1918 the legislature was cowing to a bunch of sue-happy ambulance chasers and their ilk.  That wouldn't happen until many years later, when law schools began pumping out morally challenged degenerates who would sue anybody they could on contingency... but that is a discussion for another thread. 

*edited to add - Looks like huntingfool7 addressed my question - thanks 

[huntingfool7]

I doubt that in 1918 the legislature was cowing to a bunch of sue-happy ambulance chasers and their ilk.  That wouldn't happen until many years later, when law schools began pumping out morally challenged degenerates who would sue anybody they could on contingency... but that is a discussion for another thread. 

*edited to add - Looks like huntingfool7 addressed my question - thanks 

a bunch of sue-happy ambulance chasers and their ilk.  That wouldn't happen until many years later, when law schools began pumping out morally challenged degenerates who would sue anybody they could on contingency... but that is a discussion for another thread. 

*edited to add - Looks like huntingfool7 addressed my question - thanks 
[/quote]

I would add that almost everyone that votes seems to think that being a "morally challenged degenerates who would sue anybody they could on contingency" is a base qualification for elected office. 
I had a (Good) lawyer tell me once- "Judges are lawyers that couldn't make it in private practice".  I think that also works for politicians!

[Tealer]

There are still places in Canada you can use a sink box. They were outlawed because they were so effective. When your completely submerged the birds never see it. I have yet to do it but its high on my list.

I have hunted the next best thing. I can't remember what they are called but it's a blind that sits in the ground at low tide. As the tide rises the canvas walls lift. Your standing on the ground which makes it legal but it has the same effect.   


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[hdshot]

On public fields pit hunting is illegal in lots of areas but places like Burbank has pits. So might be more of a private land issue when it comes to pits.  Building a pit blind takes lots of work and just can't be moved around to follow the migration.  I have a place the farmer might let me build a pit but to much work and don't want to take a chance to mess up his field and coffin blinds make everyone happy for about the 3 good goose hunts I might get in a season. 

[ghosthunter]

There are Pit Blinds at Lake Terrel in Whatcom County. Each is its own very tiny island.