New Blaze Orange Requirements

[Bear55]

It is clearly marked in the regs book. There is even a little "New" icon next to it. I don't archery hunt and I caught it.

Please read again and get back to us.

Page 2

Blaze orange requirements

• Blaze orange is not required for those taking small game archery deer hunters while stationary. See page 24.

So this states we no not need to wear blaze orange to take small game while stationary. Ok I get it.

Page 24

BLAZE ORANGE REQUIREMENTS

Small Game Seasons: You may not take small game unless a visible portion of at least one article of clothing above the waist is blaze orange, except when hunting wild turkeys, migratory birds, raccoons, predators, when hunting by falconry, trapping, or while hunting deer by archery while stationary.

So in detail they tell us I can't take small game without orange, unless I am one of the exceptions, which again includes bowhunters while stationary. Where in the world are people coming up with I need to wearh orange stuff? If I am not hunting small game and I am walking to my stand where does it state I need orange on. Are we suppose to read between the lines and make up a law that is not stated anywhere in the regs book? All this law does is let archery hunters take small game from a stationary position without having to wear blaze orange, its an exception to a small game law not a whole new law that never existed before. It does not mean I need to wear blaze orange while bowhunting or while traveling to and from bow stand unless it is rifle/shotgun or muzzy season. If I am wrong please explain it to me in detail.

[Rippinlip]

To top it all off, if you look up the penalty under the provision , it can only be panalized by a warning.

This is how it reads in the statue:

97B.071 BLAZE ORANGE REQUIREMENTS.

(a) Except as provided in rules adopted under paragraph ©, a person may not hunt or trap during the open season where deer may be taken by firearms under applicable laws and ordinances, unless the visible portion of the person's cap and outer clothing above the waist, excluding sleeves and gloves, is blaze orange. Blaze orange includes a camouflage pattern of at least 50 percent blaze orange within each foot square. This section does not apply to migratory waterfowl hunters on waters of this state or in a stationary shooting location or to trappers on waters of this state.

( Except as provided in rules adopted under paragraph ©, and in addition to the requirement in paragraph (a), a person may not take small game other than turkey, migratory birds, raccoons, and predators, except while trapping, unless a visible portion of at least one article of the person's clothing above the waist is blaze orange. This paragraph does not apply to a person hunting by falconry.

© The commissioner may, by rule, prescribe an alternative color in cases where paragraph (a) or ( would violate the Religious Freedom Restoration Act of 1993, Public Law 103-141.

(d) A violation of paragraph ( shall not result in a penalty, but is punishable only by a safety warning.

[NoWiser]

It is clearly marked in the regs book. There is even a little "New" icon next to it. I don't archery hunt and I caught it.

It absolutely does not state that you need orange on while you are moving about during archery deer season. Here is the law that I found in the book: "Small Game Seasons: You may not take small game unless a visible portion of at least one article of clothing above the waist is blaze orange, except when hunting wild turkeys, migratory birds, raccoons, predators, when hunting by falconry, trapping, or while hunting deer by archery while stationary."

Let's simplify that and take out everything that doesn't pertain to archery deer hunting. Now the law reads: Small Game Seasons: You may not take small game unless a visible portion of at least one article of clothing above the waist is blaze orange except while hunting deer by archery while stationary.

To me it seems very clear that the law is simply saying that if you plan on shooting small game while moving around on your archery deer hunt, you should be wearing some blaze orange. It says absolutely nothing about needing to wear blaze orange while moving around, bowhunting exclusively for deer.

This law seems very simple to me, and I won't worry about wearing any orange during bow season this year.

[ANYFISH2]

+1, Bear!

The stationary(archery) is added as an EXCEPTION.

Clearly, if you are hunting (TAKE)small game by archery you are required to wear Blaze orange while moving.

[eyeguy 54]

that's what I said Bear 55, great minds think alike LOL

[Finlander]

Man, what a bunch of spent words for such a simple "New" law!

[FishLocker]

it says where deer may be taken with firearms. orange while bowhunting during gun season.

eyeguy2 has it covered I think. Blaze orange for small game season, only gives exception to archery deer hunters while stationary. The next section, Deer Season: states we have to wear orange if in a gun zone and I am then assuming once gun is open. So those areas that have archery only, we will not have to wear orange at all.

BLAZE ORANGE REQUIREMENTS

Small Game Seasons: You may not take small game unless a visible portion of at least one article of clothing above the waist is blaze orange, except when hunting wild turkeys, migratory birds, raccoons, predators, when hunting by falconry, trapping, or while hunting deer by archery while stationary.

Deer Season: Also, you may not hunt or trap during any open season where deer may be taken by firearms (including special hunts, early antlerless, youth seasons, and muzzleloader) under applicable laws and ordinances unless the visible portion of your cap and outer clothing above the waist, excluding sleeves and gloves, is blaze orange. Red is not a legal color, except for those who qualify under the Religious Freedom Restoration Act of 1993. Blaze orange includes a camouflage pattern

of at least 50 percent blaze orange within each square foot. This restriction does not apply to migratory waterfowl hunters on waters or in a stationary shooting location or to trappers on waters. Times and zones for firearms are shown in the map on next page. Muzzleloader season is open statewide, except for closed areas (see page 88).

[Bear55]

Man, what a bunch of spent words for such a simple "New" law!

You know us, we love to type in circles. Amazing how a little miss information can spin out of control.

[chris63]

When the word except is exchanged for the word or it can change the meaning of the law.If you call any co they will tell you that you must wear an article of orange above the waist while bow hunting except while stationary.Again this is part of the law no matter how you try to spin it.c63

[NoWiser]

When the word except is exchanged for the word or it can change the meaning of the law.If you call any co they will tell you that you must wear an article of orange above the waist while bow hunting except while stationary.Again this is part of the law no matter how you try to spin it.c63

I am not spinning it at all, it does say "except while hunting deer by archery while stationary." The word or is just grouping in hunting deer by archery while stationary with waterfowl hunting, falconry, trapping, turkey hunting, and whatever else was listed before it.

Are we even looking at the same law? It seems so clear that it's confusing me. It is very obvious that the law I'm looking at only pertains to people who are hunting small game.

[Bear55]

Email the Law Enforcement Division Director: K015- COL– Jim Konrad – St. Paul - 651-355-0164, He would be your best bet and with a email its in writting !!

[email protected]

Ok to settle this once and for all I took Schmoes advice and emailed Jim Konrad. Below is our Q & A.

QUESTION

Hi Jim

There seems to be some confusion on the internet about this new/updated law. Here is the text in question.

Page 2

Blaze orange requirements

• Blaze orange is not required for those taking small game archery deer hunters while stationary. See page 24.

Page 24

BLAZE ORANGE REQUIREMENTS

Small Game Seasons: You may not take small game unless a visible portion of at least one article of clothing above the waist is blaze orange, except when hunting wild turkeys, migratory birds, raccoons, predators, when hunting by falconry, trapping, or while hunting deer by archery while stationary.

Now as I understand it if I am small game hunting I need to wear blaze orange, if I am stationary in my bow stand I do not need to wear orange. If I am traveling to and from my bow stand not hunting small game I am not required to wear blaze orange. Thanks for any help.

ANSWER

Your analysis is correct…the other exception is you must wear blaze orange if you are hunting, including archery, during any firearms deer season.

From: Bear55

Sent: Wednesday, September 05, 2012 12:33 PM

To: Konrad, Jim (DNR)

Subject: New Blaze Orange Law

c63 please feel free to email him yourself if you don't believe me.

[eyeguy 54]

just like eyeguy stated.... LOL it's been fun reading :>)

[InTheNorthwoods]

I can't wait for a response from some of these posters. Will they fess up to being wrong, or will they continue to pound the pulpit like a politician, claiming they are right, but providing no substance to support their assertion?

[Cheetah]

I misunderstood the regs when I first read the change and it took me a few times coming back to it to understand what they really meant to say.

Bottom line is the regs are too confusing, and the DNR continues to make the MORE confusing each year...

[InTheNorthwoods]

I misunderstood the regs when I first read the change and it took me a few times coming back to it to understand what they really meant to say.

Bottom line is the regs are too confusing, and the DNR continues to make the MORE confusing each year...

I agree they are easy to misunderstand and that they get progressively more confusing. But I am still amused when people are so adamant about something that they are apparently wrong about, and I am curious whether they will admit being wrong, or continue to dig a hole.

[goblueM]

I don't agree, I think the language is perfectly clear and easy to understand. I think some folks on here have been going out of their way to misunderstand this particular regulation

[chris63]

I spoke to Capt.Hunt at DNR enforcement, (Col.Konrad was out in the field) and was corrected on my understanding of the new law.I was given erroneous information about this new law by two different people at the DNR in St.Paul.I apologize that I posted miss information.Have a safe and enjoyable hunting season to all!!!!!!!!c63

[theharvester]

they still ruined a way of hunting i have done for 39 years.i jump shoot ducks and geese on small creeks and combo on pheasents and grouse but now i have to annouce to all the birds ahead of me with a blaze orange flag on me . really good for wildlife walking on these too. u know there is so many accidents [none that i know of] that warrants this. this all came about because people would hunt with steel and not wear orange so they changed it WHY WHY WHY????

[Bear55]

I spoke to Capt.Hunt at DNR enforcement, (Col.Konrad was out in the field) and was corrected on my understanding of the new law.I was given erroneous information about this new law by two different people at the DNR in St.Paul.I apologize that I posted miss information.Have a safe and enjoyable hunting season to all!!!!!!!!c63

This has become more of a problem in recent years, you might hear two different interpretations of the same law come out from different DNR people. I have seen numerous examples on this very site people getting conflicting info from different CO's. Kind of scary.

[chris63]

Bear,I'm not going to throw any co or analyst under the bus but when law enforcement interprets laws differently than the law's intent I suppose that's why God invented lawyers!

[Bear55]

Just throw the lawyers under the bus, we can alwasy talk things over with the DNR and CO's to figure things out.