legality of using deer calls

Cass

Going to put my finger on the balance scales.

Vegeta wrote: »

Sure they have hunters as members but I'd guess their membership base includes people with no interest in hunting deer too. For most of those people, the callers would be legal.

My perspective is if these groups are interested in the best possible conservation, management, and protection of deer then they should not be seen to condone any item that can be linked to illegal activity.

Also i could understand the NARGC selling them as they are not primarily a deer group but when you have the name deer infused in your associations name then it's clear where your priorities are, and as such any leeway for non deer shooting members in a deer association are gone.

Sandy22

deeksofdoom wrote: »

So that means banging a set of antlers together to immitate fighting noises (as seen on fieldsports channel with Roy Lupton calling in fallow deer) is illegal?

Don't see why under that sub-section. The clashing of antlers isn't a call.

Cass

They can be classed as an instrument/tool used to call them in.

Cass

Bit of an old thread, but seeing as how it's relevant i said i'd bump this instead of starting fresh.

I've seen a lot of people lately all raging about their new deer caller, and some even posting pictures saying they cannot wait to try them out.

Was wondering if people know the legalities of what they are doing or admitting to doing?

The Aussie

I still think they are for people to clumsy and inept to stalk a deer...

Anyway, I'm off deer stalking.

The pigeon man

I'd say most people are not aware that the use of these callers is illegal. Many RFDs sell these callers so many people would therefore think it's perfectly legal to use them.

Chiparus

Vegeta wrote: »

Completely legal.

Section 35 paragraph 1 d of the act is specific to hunting and the definition of hunting allows for unarmed people to take photos.

So I can call in a fox to take a picture?


Coulds I shoot it after I take the photo?

Half-cocked

Chiparus wrote: »

So I can call in a fox to take a picture?


Coulds I shoot it after I take the photo?

Best ask the Judge that question when you're in the dock....;)

sharkfox

Has anyone ever been prosecuted for using one? I wouldn't bother with one myself but I've seen lads using them

Cass

Non that i know off however that does not mean it's never happened.

The chances are slim. Lack of funding for the NPWS, lack of rangers and other than outright poaching a lack of enforcement from AGS.

Its one of those laws that gets ignored. People either think it's legal or simply don't know/care either way.

sharkfox

Cass wrote: »

Non that i know off however that does not mean it's never happened.

The chances are slim. Lack of funding for the NPWS, lack of rangers and other than outright poaching a lack of enforcement from AGS.

Its one of those laws that gets ignored. People either think it's legal or simply don't know/care either way.

I didn't know until today, I just thought calling fox and birds was normal hunting practice

Jack0106

Old thread I know but what the hell...can you use a duck call then?

Cass

Nope, but under license, yes.

Fun times.

Jack0106

Cass wrote: »

Nope, but under license, yes.

Fun times.

What do you mean under license? As in foreshore? I've been stalking 2 years and have been successful. I've never used a deer call but it did Spike my curiosity whether it was just electric caller or both mouth operated ones too

Cass

No, not foreshore.

You can apply directly to the Minister for a license to use a call, but it's not for hunting, only scientific research.

Sorry was busy and didn't elaborate above.

In short you cannot use any caller. it's largely ignored, but ignored is not the same as legal.

The pigeon man

Cass wrote: »

No, not foreshore.

You can apply directly to the Minister for a license to use a call, but it's not for hunting, only scientific research.

Sorry was busy and didn't elaborate above.

In short you cannot use any caller. it's largely ignored, but ignored is not the same as legal.

You can legally use a mouth caller for shooting ducks, plover and wild geese without a license.

You can also legally use decoys for shooting ducks geese and pigeons.

35.—(1) Notwithstanding anything contained in this Act apart from this section, but subject to section 42, a person shall not.................

(2) Subsection (1) of this section shall not apply to the use of a whistle or similar instrument or appliance imitating, or emitting calls similar to, the calls of plover, wild duck or wild geese, which is operated (whether wholly or partly) manually or orally, for the purpose of hunting any of those wild birds.

(c) use a stuffed or artificial decoy in the form of any bird for the purpose of hunting any protected wild birds, other than wild duck and wild geese, or

Jack0106

The pigeon man wrote: »

You can legally use a mouth caller for shooting ducks, plover and wild geese without a license.

You can also legally use decoys for shooting ducks geese and pigeons.

35.—(1) Notwithstanding anything contained in this Act apart from this section, but subject to section 42, a person shall not.................

(2) Subsection (1) of this section shall not apply to the use of a whistle or similar instrument or appliance imitating, or emitting calls similar to, the calls of plover, wild duck or wild geese, which is operated (whether wholly or partly) manually or orally, for the purpose of hunting any of those wild birds.

(c) use a stuffed or artificial decoy in the form of any bird for the purpose of hunting any protected wild birds, other than wild duck and wild geese, or

Talk about confusing 😂 how come you can use it for one game animal but not another?

Cass

Sorry, my head is up my arse this evening/today.

I've a few conversations going on this forum and others and i'm losing track.

Pigeon man is correct. The exemptions apply to birds so you can use a duck call birds. Section 35 applies to both birds and animals/mammals and so i was thinking of deer, etc.

Cass

The pigeon man wrote: »

You can legally use a mouth caller for shooting ducks, plover and wild geese without a license.

As above, and i wouldn't mind but my second post in this thread was the same as your one. :rolleyes:

marlin vs

I thought Plover (Lapwing) were taken off the shooting list years ago.?

Grizzly 45

Cass wrote: »

Clever. :rolleyes:

While not illegal to sell or own (only to use) what message does it send out?

That like many badly thought out and drafted laws they are unworkable crocks of sht ,that are unenforceable in reality,but look good on paper and on someones resume so they can brag at the door at election time that they "are doing something..."about an issue.And that the unwritten lwas of "Do as thou wilst,just dont get caught!" are still supreme here?:rolleyes:

meathstevie

Cass wrote: »

Pretty much.

I'm not sure where you'd stand on calling by hand/mouth. It's not an instrument, object, apparatus, recording, either manual or electronic. However on each person's head be it.

I'm playing devil's advocate here so bear with me.

An instrument does not necessarily mean a device/tool. It is defined as many things but also as:

Again it's each person's own call on whether to use one or not. The words used in the Act are both vague and specific. Vague in that only three word are used to describe a multitude of things, and specific in that they can be used to describe items, actions not necessarily associated with the word.

So once again it would be the decision of a Garda, if caught, as to whether to try and go forward with a prosecution. IOW discretionary powers.

Good luck to anyone trying to prove in court that your hands and mouths were specific objects you carried for calling in a fox.

Personally I would argue until the cows come home that it’s purely a method not involving an instrument.

If you rigorously apply that argument it would be illegal to give a gun dog a voice command while hunting.

Eddie B

marlin vs wrote: »

I thought Plover (Lapwing) were taken off the shooting list years ago.?

Lapwing are Lapwing, and plover are golden plover.

marlin vs

Eddie B wrote: »

Lapwing are Lapwing, and plover are golden plover.

I didn't realise I could shoot the goldies.:o

Eddie B

marlin vs wrote: »

I didn't realise I could shoot the goldies.:o

They make for some good sport, and eating too.