I posted this in the American Big Game forum also, just to get some different input. Federal regs say you can't shoot across a "body of water." So what is the definition of a body of water?

After asking about a dozen people who are all avid hunters and getting no answer, I called four different law/regulation agencies (ODFW, OSP, BLM and the ODFW guy who rights the synopsis) and again got no real answer. I am now asking you guys if anybody has run into problems with this OR if anyone can provide some website or publication where the answer lies?

I have searched the Code of Federal Regulations (CFR), and the Oregon Revised Statues (ORS) and was not sucessful in finding any definition of a "body of water," except some in the fishing section since the regs are comingled to some extent and it only pertained to that specific regulation.

Any ideas?

Can't help with the body of water definition, other that to say I would not personally shoot across a lake, if I was you, but I would across a creek. Heck, if you get the ticket, challenge it and make them come up with the definition. In Kansas you just can't shoot from a boat.

That's kind of like the Wyoming "game field". No one knows what it is. (as in you can't possess or use a silencer or fully automatic weapon in the game fields and forests of Wyoming.)
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I don't believe there is a clear definition due to how subjective the answer is. A body of water could mean most anything...

Flippy - I suggested Black's Law Dictionary in my reply to your other post. I ran into a copy of it today and regret to inform you that it does not have a definition for "body of water" either.

Wiki has a definition, but that's far from a legal definition Wikipedia "Body of Water" definition

Good luck

I worked in federally regulated operations for a long time. If there is no reference in a check of the CFR, I would suggest contact with your local office of F&W Service. Usually a regulatory agency has a Program Requirements Memorandum (PRM) that is an agency developed policy interpretation of the regulation that develops where and how the specific regulation is applied. These PRM's are developed and reviewed similaryly to the regs in the CFR. Your local office should have that answer. Any answer offered on the internet will have no standing with an officer in the field. Best to go to the source.
Let us know what you hear.
Good Luck
Bfly
Bfly

pamala anderson (water mixed with silicone)

I actually talked to one of the BLM enforcement officers. I was told that to the best of his knowledge, it refers to ANY body of water, running or not, that may or may not have water in it year round (seasonal water) while there is water in it. A drainage ditch, for example. He did say that if I found the answer to call him back and let him know where, as he had never read the actual law himself!

I have on occasion over the years had to call the BATFE and other "large" government offices and have found without fail, the higher up the chain the office is, the less they know about day-to-day happenings.

I think the suggestion to talk with the actual local game officer (I know him) and get what his take is on this is the best idea so far. If I know what he would consider a ticketable infraction, all I have to do is to NOT do that!! lol

And butchloc, you were more right than you thought. Her inplants are saline!

As usual with the Feds, I think they keep the definition of something vague so it is easier to prosecute in court if they want to screw someone over.

people who think governmental employees are honest, evidently haven't dealt with many of them.

screwing citizens is what gives them job security..

they aren't about to compromise that.

Posted this in American Big Game hunting also...

FINALLY talked to the local game enforcement officer (Oregon State Police) last night at a school function…
He was as bored as I was and more than happy to talk about anything except 2nd grade reading…

I told him Federal regulations prohibit shooting across a body of water. I asked him what constitutes a body of water. He told me, “I believe that law was written to keep campgrounds and other populated areas in the forest safe. In other words, places were there might be people around. It was put in place to keep people from shooting towards areas in the forest where people are most likely to be around, and not always seen.”

When I asked him if a stream you could jump across (and I gave him a specific named example) would constitute a body of water, he replied, “No. I would definitely not consider that a legal body of water or anything like that; a small pond, etc. That was not the original intention of the law.” He also told me if I saw any ODFW officers around when I was up in the woods, to ask them what their definition was. He said, “I believe they will agree with me.”

I made the comment that it sounded as though the law was written to try and eliminate “stupidity.” He said, “Correct. I believe that’s what it was originally intended to do; to help eliminate unnecessary problems around areas with people.”

Bottom line. When in doubt, ask the guy who writes the ticket.