Duck hunters have built blinds for many years on our local TVA lake. Some floored structures in open water others simply piled brush on the bank. TVA allows these structures as long as they are not a navigation hazard. There are no regulations about useage and probably never will be.
When I started duck hunting, over 30 years ago, the widely accepted policy was the builder of a blind hunted it opening day and then for the rest of the season it was first-come-first-serve. This seemed to work well until about a dozen years ago when hunter numbers on the lake increased including non-resident hunters not familiar with the unwritten rule. A new attitude emerged, that being any blind is fair game on opening day and the builder has to be there first or he will have to hunt somewhere else. As you can imagine this has caused unpleasant situations in the dark on opening days.
For example, a friend built and maintained a very productive blind for many years. On one particular opening morning he had his 78 year old father along and when they arrived at the blind another party was in it and refused to move. Words were exchanged and my friend ended up having to hunt elsewhere and was not able to put his elderly father in a warm comfortable blind. That blind was later burned, rebuilt and burned again. That friend no longer hunts the lake. He threw in the towel on lake hunting given his efforts were burned down. Others have given up too.
I have always been a proponent of the "He who builds it hunts it on the opener." as many of the blinds are located on openwater flats and the ducks are accustomed to seeing them and come into gunning range. Plus they offer convenience that boat blinds cannot. It seems fair to let the builder have it on the opener and everyone else have access the rest of the season.
Since detioriation of the "He who builds it hunts it..." I continue to hear "First-come-first-serve" proclaimed as the new law of the land. A law many believe is written or just as strong. Let's take a closer look at that.
In Alabama there is no law that says public hunting land is first-come-first-serve. Nor is there any law that dictates a distance between parties. In fact I've been told by game wardens (in Arkansas) that you can lean against the very same tree as another hunter in public flooded timber and you don't need to be in their party. They have no legal right to ask you to leave, even if they were there first. Public doesn't mean "until I leave", it means "for all".
Consider this analogy. You are sitting on a park bench and someone else comes and sits next to you. Can you tell them you were there first and to find another bench? To do so would be absurd and lacking authority or legal backing.
I'll admit it would be both unusual and uncomfortable to try and hunt the same location as another party, but the point is "First-come-first-serve" doesn't trump "He who builds it hunts it..." for both of these are conventions present in the minds of waterfowlers and when it gets down to brass tacks anyone can hunt where they choose.
With that said imagine the following scenario. You go to a blind you built for opening day and someone else is in it and they demand you leave because they were there first. You ignore their request and climb in with them or tie up to it along with the first party. Everyone knows they'd be crying "Leave, we were here first and we're calling the game warden!" I'd like to hear what a game warden would do because there isn't a law being broken. Just two parties who disagree on what is right. I know what I'd do if it was a blind I built. I'd hold my ground.
Eric
When I started duck hunting, over 30 years ago, the widely accepted policy was the builder of a blind hunted it opening day and then for the rest of the season it was first-come-first-serve. This seemed to work well until about a dozen years ago when hunter numbers on the lake increased including non-resident hunters not familiar with the unwritten rule. A new attitude emerged, that being any blind is fair game on opening day and the builder has to be there first or he will have to hunt somewhere else. As you can imagine this has caused unpleasant situations in the dark on opening days.
For example, a friend built and maintained a very productive blind for many years. On one particular opening morning he had his 78 year old father along and when they arrived at the blind another party was in it and refused to move. Words were exchanged and my friend ended up having to hunt elsewhere and was not able to put his elderly father in a warm comfortable blind. That blind was later burned, rebuilt and burned again. That friend no longer hunts the lake. He threw in the towel on lake hunting given his efforts were burned down. Others have given up too.
I have always been a proponent of the "He who builds it hunts it on the opener." as many of the blinds are located on openwater flats and the ducks are accustomed to seeing them and come into gunning range. Plus they offer convenience that boat blinds cannot. It seems fair to let the builder have it on the opener and everyone else have access the rest of the season.
Since detioriation of the "He who builds it hunts it..." I continue to hear "First-come-first-serve" proclaimed as the new law of the land. A law many believe is written or just as strong. Let's take a closer look at that.
In Alabama there is no law that says public hunting land is first-come-first-serve. Nor is there any law that dictates a distance between parties. In fact I've been told by game wardens (in Arkansas) that you can lean against the very same tree as another hunter in public flooded timber and you don't need to be in their party. They have no legal right to ask you to leave, even if they were there first. Public doesn't mean "until I leave", it means "for all".
Consider this analogy. You are sitting on a park bench and someone else comes and sits next to you. Can you tell them you were there first and to find another bench? To do so would be absurd and lacking authority or legal backing.
I'll admit it would be both unusual and uncomfortable to try and hunt the same location as another party, but the point is "First-come-first-serve" doesn't trump "He who builds it hunts it..." for both of these are conventions present in the minds of waterfowlers and when it gets down to brass tacks anyone can hunt where they choose.
With that said imagine the following scenario. You go to a blind you built for opening day and someone else is in it and they demand you leave because they were there first. You ignore their request and climb in with them or tie up to it along with the first party. Everyone knows they'd be crying "Leave, we were here first and we're calling the game warden!" I'd like to hear what a game warden would do because there isn't a law being broken. Just two parties who disagree on what is right. I know what I'd do if it was a blind I built. I'd hold my ground.
Eric
