16 replies to this topic

[WildassJoe]

is it illegal to hunt near the tree? (lots of small tasty apples on the tree!) Deer tracks and bear tracks leading to and coming from this area are plentiful... the bear poop is full of elderberries.

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[modoc squeek shooter]

Joe, I don't believe it would be illegal to hunt by the tree. Shooter John would be a better one to ask, he is up on the regs better than most on here. My way of thinking is it would be no difference thn any other food stuff, bitter brush, forbs, etc. that deer eat. Now if you took a box of apples and scattered them around it would be baiting which is illegal in California. Heck I have an apple orchard across the road from my house, I am sure a lot of bucks have been shot in it over the years, in fact there might be one shot this year lol. Ed

Afterthought, deer, antlelope and bunnies are shot in alfalfa fields all the time up here.

[MonkeyChunks]

Heck no, You didnt plant it,and you didnt put the apples on the ground for them to eat. You would be mearly capitalizing on a natural item, such as hunting near a watering hole.

[ShooterJohn]

That has to be the nicest wild apple tree I've ever seen and I have apple trees. If there happens to be a building within 150 yards of of that tree you can't hunt around it.

[Broncowilly]

Does that 150 yards apply to hunting near a freeway also?

[DirtyDave]

That has to be the nicest wild apple tree I've ever seen and I have apple trees. If there happens to be a OCCUPIED building within 150 yards of of that tree you can't hunt around it.

Fixed it for ya John

[ShooterJohn]

Dave, I should have just copied it verbatim. So yes and no at the same time if there is a home being occupied all of the buildings shed, barns what have you become part of the 150 yard safety zone.

3004. (a) It is unlawful for any person, other than the owner,
person in possession of the premises, or a person having the express
permission of the owner or person in possession of the premises, to
hunt or to discharge while hunting, any firearm or other deadly
weapon within 150 yards of any occupied dwelling house, residence, or
other building or any barn or other outbuilding used in connection
therewith. The 150-yard area is a "safety zone."

[Recon]

Regarding the occupied dwelling within 150 yard rule... isn't that only if you don't have their permission?

[WildassJoe]

Hi guys, thanks for the regs and updates... ok most details on the tree... no dwellings of any sort... im in wild country... this apple tree is just off a forest service road up on Greenhorn mountain.

[WildassJoe]

Here is a buck I saw last year that I hope to find this year...

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[DirtyDave]

Regarding the occupied dwelling within 150 yard rule... isn't that only if you don't have their permission?

Yes 150yds without permission.
If you are the owner, tenant, or have permission, you can shoot as close as you want to occupied dwellings

[bretmoua]

Nice looking apple tree. I have seen an apple tree in D7 as well but I don't usually hunt it til the last weekend, assuming it gets colder. This area is just not that high enough and deer don't start occupying the area til later. I do love going out there just watching all the bucks who did survive the season though.

[saeleaw n]

I would look at it as hunting next to a acorn tree

[Thumper Dunker]

Even if it was planted it would be leagal as long as you did not knok the apple down for bait. Its like hunting in an fruit orchard . Also the tree must not of been planted to atrack the deer.

§257.5. Prohibition Against Taking Resident Game Birds and Mammals by the Aid of Bait.

Except as otherwise provided in these regulations or in the Fish and Game Code, resident game birds and mammals may not be taken within 400 yards of any baited area.

• (a) Definition of Baited Area. As used in this regulation, "baited area" shall mean any area where shelled, shucked or unshucked corn, wheat or other grains, salt, or other feed whatsoever capable of luring, attracting, or enticing such birds or mammals is directly or indirectly placed, exposed, deposited, distributed, or scattered, and such area shall remain a baited area for ten days following complete removal
• ( Exceptions:
  
• (1) The taking of domestically reared and released game birds on licensed pheasant clubs and other licensed game bird clubs;
• (2) The taking of resident game birds and mammals on or over standing crops, flooded standing crops (including aquatics), flooded harvested croplands, grain crops properly shocked on the field where grown, or grains found scattered solely as the result of normal agricultural planting or harvesting;
• (3) The taking of resident game birds and mammals on or over any lands where shelled, shucked or unshucked corn, wheat or other grain, salt, or other feed have been distributed or scattered as the result of bona fide agricultural operations or procedures, or as a result of manipulation of a crop or other feed on the land where grown for wildlife management purposes: provided that manipulation for wildlife management purposes does not include the distributing or scattering of grain or other feed once it has been removed from or stored on the field where grown.

Amendment of first paragraph filed 7-1-86; effective upon filing.

Where exactly is this tree .

[sportyg]

FYI

I know know the tree you found.. It is on private property I used to hunt it years ago. Had friends who knew the owner and got me permission to hunt there. Never did meet the owner but chatted with some of the ranch hands couple of times. Took my first Ca deer there. There used to be a small trailer on the property the ranch hands stayed when they ran cattle in there. Should be a small stream there and an indian rune. That is where I camped right off the road... Those where gome good eating apples used to take some home every year..

[WildassJoe]

Hi Guys!! I am going up there to smack me a big buck!!
and Sportyg, yes on the stream... I have seen cowsand the area is full of deer and bear activity ... I have seen a few people coming just to pick the apples from the tree... they are mighty tasty!!!

Hope everyone has a great weekend!!
I've gone a hunting
LOL

[KClark]

Here is a buck I saw last year that I hope to find this year...

A lumber buck! A nice 2x4.