Another Baiting Question

Discussion in 'The Duck Hunters Forum' started by kchusker, Feb 7, 2018.

  1. kchusker

    kchusker Refuge Member

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    With 3 to 5 inches of snow on a corn stubble field, is clearing off the snow to expose the corn manipulation?
     
  2. J.Bennett

    J.Bennett Elite Refuge Member

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    No it is not "manipulation", but per the letter of the law, it is baiting. Manipulation is not required for a field to be legally "baited."
    https://www.fws.gov/le/waterfowl-hunting-and-baiting.html

    Baiting is the direct or indirect placing, exposing, depositing, distributing, or scattering of salt, grain, or other feed that could lure or attract waterfowl to, on, or over any areas where hunters are attempting to take them.

    A baited area is any area on which salt, grain, or other feed has been placed, exposed, deposited, distributed, or scattered, if that salt, grain, or feed could serve as a lure or attraction for waterfowl.
     
  3. kchusker

    kchusker Refuge Member

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    That's what I thought. Thanks for posting the regs.
     
  4. JohnBZ

    JohnBZ Elite Refuge Member

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    Better off putting a little dirt on top of the snow. Dirt isnt bait.
     
  5. jzoo

    jzoo Senior Refuge Member

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    Ask your CO. My local CO is okay with it. He told me that if the field wasn't determined to be baited before, then clearing snow which will melt anyway doesn't make it baited IN HIS OPINION. Granted a Fed could come along and have a different opinion and we would need the judge to decide.
    Side note, none of my fields have much corn in them anyway so I'm not really exposing anything but stalks.
     
  6. kahunna

    kahunna Elite Refuge Member

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    Re: jzoo's post (which was made as I was typing mine)...

    Is it legal to control (by raising or lowering) the level of water in a flooded area of normally harvested crops, such as an impoundment in order to hunt waterfowl?
    Is snow frozen water?
    Is a "normally harvested crop" different than "salt, grain, or other feed that could lure or attract waterfowl to, on, or over any areas where hunters are attempting to take them."
    Read the sentence defining baiting only using the word "exposing"..."Baiting is the direct or indirect exposing of salt, grain, or other feed that could lure or attract waterfowl to, on, or over any areas where hunters are attempting to take them."
    Does the sentence defining baiting say anything about exposing a "normally harvested crop"?
    No, it does not.
     
  7. Jawbreaker

    Jawbreaker Senior Refuge Member

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    There was a several page thread on this here a year or two ago.
    I never thought it was baiting to clear snow from a field that wasn't baited prior to the snow. My opinion hasn't changed. No different than opening a hole in a frozen rice field.
     
  8. Montauker

    Montauker Elite Refuge Member

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    It is a real gray area. I think some folks have gotten popped when they snowplowed it and rolled dirt or used other mechanical means that moved grain.
     
  9. jzee

    jzee Elite Refuge Member

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    Back in the 90’s we had a big snow early, so we plowed a area out behind the blind. Couple hundred feet square. It was awesome, a magnet for the geese. Our local C.O. Showed up, thought it was a great idea, said the only reason he came out is he followed some geese that were locked on our place from a long way up. He congratulated us on some creative thinking and went on his way. We piled up Geese for the rest of the season, and would plow any new snow, it was cut corn.

    During the off season, we had some friends/hunters telling us that was illegal, we laughed it off, and thought not in our eyes. However the following year opening day after a good shoot our C.O. shows up. After checking us based on the days harvest, he asked if we rembered last year when we plowed the snow off the field. I replied no with a smile on my face, and asked why he asked. He then told us, he was telling the story at a convention, and all the other C.O’s were telling him it was illegal. He said he still felt it was okay, but warned us that other C.O’s might not see it that same way, open to Interpretation is just that. He also told us that the other local C.O. was one of the ones that had a problem with it, and if he was us he wouldn’t do that anymore. Plower beware, or a lawyer.

    The funny thing is, image.jpg
    none of them have ever had a problem with us cutting holes in the ice. On the small potholes we hunt that is also deadly, not only on geese but ducks, with the longer seasons it is something we do every season.

    Wow 2 dr p/u trucks, and shells, back when life was simple.
     
    Il. MudDuk likes this.
  10. salthunter

    salthunter Moderator Moderator

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    The baiting laws are old and ridiculous and need big changes.

    Just way too may interpretations, One CO told us placing anything other than decoys was baiting.
    The those crazy stories about using wheat with grain head on a blind is baiting.
    Manure spread on fields by some is considered baiting, Other feeding live stock is baiting, yet others say it is normal farming practice. Over heard grain added to hay lines was bait yet feeding barley hay with heads wasnt :scratch
    To me moving grain from one physical location to another should be considered the only bait, not disking or mowing or dragging or harrowing
    Years back we were given "permission" the OK to drag deep snow, nothing was exposed, We just didnt want truck tracks going to the blind and back out.
    One killer hunt, geese dived in and it was over,.. then the wind blew and the flield look like every other field

    If someone plants 100 acres of barley and mows it down in November and they want to hunt that way fine I dont care
     

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