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Mechanical decoys

B

Blind Sow

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Tony asked me a question the other day regarding the use of mechanical decoys (the question was directed to a mechanical turkey decoy) and I said that I'd post the answer on this site for everyone's benefit.

While the use of decoys for deer and turkey are legal in Iowa the use of mechanical decoys for the two species is illegal.

On page 11 of the Iowa 2000 Hunting and Trapping Regulation booklet, under the topic of Prohibited weapons and devices it reads, "You can not use...automobiles, aircraft or any mechanical conveyance or device." Mechanical decoys fall under the definition of "device".

Doug Clayton
 
You guys in Iowa will have to miss out I guess! Here in SD the book reads "Decoys can be used". Electronic voice recorded calls cannot be used for both Turkey and Deer.
 
Is that the courts view or just yours?
Don't want to pick a fight, but following that logic you couldnt use a gun or even a recurve bow. A spear would work, I guess...
"Devise" is a little vague.
 
Scout

That is the law---not just my personnal interpretation. In the regulation booklet what constitutes legal weapons (shotguns, bow, etc.) for hunting are defined. So, as to your question/statement they do not fall under "mechanical device" since they are covered under another code section.

Doug Clayton
 
I realized the weapons allowed for hunting would be defined in another statute. I was really thinking more on the lines of range finders,"GameTracker" type cameras,lighted sight pins,mechanical releases,ect. that are used. It seems the mechanical devices statement is not just referring to attracting game but the pursuit of it. So if the state will not allow the use of a mechanical decoy they should also go through the trouble of defining what the word mechanical meens. (Depends on that the definition of IS is!
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ie. A string tied to a turkey decoy = mechanical device? no? What if its wrapped around the base so that it spins the decoy as it unwinds? Sounds like mechanics at work to me. To me a self climbing tree stand is as much a mechanical devise as a manually operated decoy. Adding electronics is crossing a threshold in my mind. I think clear wording needs to be found so when people are issued citations they have little excuse to claim stupidity and beg the courts mercy.


[This message has been edited by scout (edited 09-19-2000).]
 
Doug,

Thanks for shedding some light on this law, but it doesn't seem to make any sense to me. Haven't we been able to use motion turkey decoys since the inception of the season? As an example, one of the most popular type of turkey decoys in this area has a string attached to the head that the hunter runs back to their position and can pull on to give the "feeding hen" impression. Maybe this doesn't constitute a "mechanical device", but I can see where the phrase has some gray areas. Also, it seems to me the section of code to which you refer is speaking of methods of conveyance (ie, 4-wheelers, bicycles,pickups,etc.) more than hunting accessories such as decoys. I'm happy to abide by the law, but wasn't 100% sure that all conservation officers would share this interpretation. Thanks again!
 
The reason I asked Doug to check into the State of Iowa's view was that I had a gentleman from up around Storm Lake send me several letters about a mechanical turkey decoy. This man knew that I sat on the Natural Resources Commission and hoped I would hear him out on "why mechanical decoys should be legal". If I remember correctly the "life like movement" made some official's at the DNR nervous, especially if you were sitting behind ( shooting distance ) the decoy.

I have not determined an opinion either way and since I am no longer a Commissioner I asked DNR Officer Clayton for the states view.

I hope this clarifies a few things,


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PS, don't forget you can always contact the NRC or the DNR staff to discuss "new ideas", just because they are not legal now doesn't mean that can't be legalized in the future.
 
I've been doing research on how many of the states do not allow Decoy's or machanical Decoy's for that matter and Iowa is one of the few where this would not be permissable. Most DNR offices said that they liked the idea and wished me luck in the journey. It is possible that if enough people wanted the book to read differently, the State of Iowa would at least have to consider it. Seems funny that Iowa, being one of the more recognized Trophy Buck ares, can't use such a product. Even motionless Decoy's when placed at a distance could possibly be shot at. Usually the hunters around your area would know if you were using a Decoy or not but if they didn't, the adjacent land owners should know so they can tell anyone hunting on their land that the neighbors are using Decoy's. Crazy! Crazy! At least the majority of the states can use them as nation wide, there is around 3.5 million bow hunters!
 
There are some good questions relating to what constitutes mechanical devices. The biggest problem is that technology is advancing faster than the law can keep up with it. It seems that no sooner does a law go into effect for one new item that five more appear. The process to either legalize or outlaw each and every item that appears on today's market can come close to overwhelming any fish and game agency.

Trying to simplify my answer on the turkey where you pull the string or the climbing tree stand--the movement is accomplished by your (human) power not by power supplied by another source.

A couple of years ago I was talking with Dave Holt (Techical Editor for Bowhunter magazine) reference laser rangefinders. At that time the considered opinion was that they would be illegal to use since they cast an articifial light on an animal (which is illegal under our spotlighting law). Dave gave some good arguments on how you could possibly get around it. The ultimate decision was that they wouldn't impact the resource. The hunter would have to "shot" the animal with the range finder, put it down, and then still either use a bow or gun to take the deer or turkey. A laser sight is still illegal because it is casting an artificial light on the animal will in the actual act of firing.

The same reason (not impacting the resource) was the reason for allowing the use of game tracker type cameras. Granted they showed pictures of some nice deer and the time and date where posted on the pictures to let the user know when the animal came by. But, that sure is no guarantee that the animal would be back again at the same time and same place.

It would be nice if every item currently on the market or in someone's drawing board would easily fit every fish and game agencies definitions of what is legal and what is not---but in reality there is some gray areas, and we (the DNR) do try and address them when they are brought to our attention. But as I said earlier, the process to deal with each item takes time, either through trying to pass a law or deciding if it can be dealt with within the Iowa Administrative Code (IAC). This type of action has to be cleared and approved by our department heads and division chief before it is even brought up to the Commissioners. Then there is the time for public input, either pro or con, and then an decision is ultimately made.

I know this is a rather long winded reply, but it is a lengthy process to deal with new items.

And, as Tony stated, if you don't like something, nothing is always set in concrete. If you have some concerns let the DNR know. Call and talk to the people in DM, or write letters. Be articulate, explain why you think a change should take place (either making something legal or illegal) and if you have friends of the same mind set get them to write letters also. Don't ever send in petitions--they will go nowhere. Individual letters make all the difference in the world.

Doug Clayton
 
Doug,
You mentioned the fact that on the Turkey, the movement was accomplished using "human power". My interpretation of this is that using a remote control should still be considered operation by human power because the user must move the toggle physically with his hand in order to obtain a movement on the decoy as with the Turkey. I like what you said concerning any particular item becoming an impact on the resource, as this is a very important issue with the number of hunters out there today. This is precisely why many of the states have not allowed electronic voice recorded type calls. Some of them are too effective and would deprive the volital resources and there's not anyone who wants hunting to be that easy, then all of the challenging aspects would be eliminated. The DOA Decoy is similar in what you said about laser rangefinders in that you have to physically put asside the control in order to shoot the deer. I don't believe that this type of product would be of harm to the resource though, as hunters would have better shot placement, they would have to use it properly to succeed and a person is still only allowed however many tags per season. Everyone knows that deer are extremely wise in their invironment and setting up the Decoy properly determines the effectiveness of such a product, I don't want to make it sound too easy as there are too many variables involved with set-up to say well, I'll set my Decoy up and shoot one tonight! Everyone would have to agree that shot placement is critical with a bow for a humane harvest of deer. I would have to believe that if more people used Decoy's, fewer animals would be injured and of course they would have to use them properly in order to be successful. Once the deer is standing next to it though, he is less likely to jump the string because he is focused on the Decoy. You may have already thought of some of the things I just mentioned, but I thought I would just throw a couple of things out there to think about for those of you in Iowa! Good Hunting Everyone!

Chris Turner
 
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