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Discussion Starter · #1 ·
I watched 2 different groups of deer (about 10 total) walk for about 50 yards in a creek. The creek was only about 4 inches deep where they were walking. I could have shot any one of them but I didn't because I was not sure if that would be taking refuge in water.
 

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Discussion Starter · #3 ·
I thought it was if they were swimming also but thought it was better to be safe than sorry. The creek was lot deeper on both sides of that 50 yards.
 

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I agree with what you are saying about the depth, but think you made the right decision. I don't believe the law makes any reference to swimming or not; just "taking refuge". I could be wrong.
 

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Discussion Starter · #5 ·
What I am wondering though is what is taking refuge? The deer trails lead right up to where they went in and came out of the water. I don't think walking in water is taking refuge.
 

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I wouldn't consider walking in water as taking refuge either, but since I haven't seen any distinction as to what is, and what isn't, I'd play it safe like you did.
To me, "taking refuge" means to be using something (the water) to get away from something. Just walking thru water as part of their daily routine or travel shouldn't be included, but then again, I'm not 100% on how the law views it.
 

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This is the law, pretty simple, no interpretation needed:



Sec. 2322. Prohibited devices and methods.

(a) General rule. - Except as otherwise provided in this title or commission regulation, no person shall hunt, kill or take or attempt, aid, abet, assist or conspire to hunt, kill or take any big game, except wild turkey, with any of the following devices or methods:

(1) Any device other than a centerfire or muzzle-loading firearm or bow and arrow.

(2) Any automatic or semiautomatic firearm, except that any semiautomatic firearm modified to permit one shell in the chamber and no more than four shells in a magazine may be used by a person who suffered an amputation or lost the total use of one or both hands.

(3) Any firearm propelling more than one projectile per discharge.

(4) Any projectile which is not all lead or which is not designed to expand on contact.

(5) When any big game is swimming
 
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