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Discussion in 'The Duck Hunters Forum' started by kchusker, Feb 7, 2018.
Wow 2 dr p/u trucks, and shells, back when life was simple.
If folks took the time to read the laws regarding baiting (rather than skimming over them looking for loopholes), they would find that they are fairly clear and easy to understand.
The law is pretty clear, not much room for interpretation...
You can hunt waterfowl on or over or from a blind or other place of concealment camouflaged with vegetation from agricultural crops, provided your use of such vegetation does not expose, deposit, distribute or scatter grain or other feed.
How is placing wheat with a grain head on a blind not an act of "depositing"?
Whether or not something is normal farming practice has nothing to do with it, and the law is very clear regarding the above...
Other Agricultural Concerns
You cannot hunt waterfowl on or over areas where farmers feed grain to livestock, store grain, or engage in other normal agricultural practices that do not meet the definition of a normal agricultural planting, harvest, or post-harvest manipulation.
Areas where livestock are fed grain (even grain that is still in the head) are considered "baited" and it is illegal to hunt those areas (see above).
If there is grain present, it has to be there solely due to normal agricultural planting, normal agricultural harvest, normal agricultural post-harvest manipulation, or normal agricultural soil stabilization practices otherwise it is baiting. It doesn't matter if the grain is present do to some other normal farming practice, if it isn't due to one or a combination of the above specific farming practices, it is baiting.
If you do anything to expose, deposit, distribute or scatter grain or other feed (even if that feed was already present in the field), it is baiting. You can't gather all the waste grain in a harvested field and pile it up in your decoys, you can't brush dirt away to expose potatoes, you can't shuck an ear of corn, and you can't remove the snow that was covering grain (even if that field is otherwise legal to hunt, it is the act of "exposing" it that constitutes baiting).
Not saying whether the rules are right or wrong, just that they really are fairly clear and should not be that difficult to understand.
The problem is the baiting laws leave alot to interpretation (likely on purpose). In the 2016 thread on this same subject, two different guys contacted the feds directly and were told removing snow is not a violation if the field was legal prior to the snow.
I guess technically it isnt placed on the field
Picking up a corn leaf would be exposing that racked corn kernel!!
Geese are grazers, is grass bait! I was told by a fed to not leave grass in the field ( well flooded, frozen, saltflat pasture ) And I shouldn't use salt-grass on my blind,.. The whole pasture/wetland was salt-grass , then I was told to not use seeded grass( it was all seeded in December) I asked if I could use wood chips, Fed said nope, its bait.
While I dont think the original law was to "leave alot to interpretation" I believe that's the way it reads now.
Ive heard of to CO's that were ticketed by Feds, because of interpretation!
My whole point the laws are poorly written, old, and outdated.
So if you were hunting a frozen flooded rice field and break ice are you exposing the grain that may be under the ice?
Well they are only 100 years old ya know and made in an era where duck populations where on the verge of being wiped out.
Today we supposedly have record duck population numbers yet nobody has made a move to get the laws changed.
The biggest issue with baiting law and its interpretation, in my opinion, is the fact that penalties are not high enough to cause most people to defend themselves in court. This means that enforcement officers are free to interpret the law any way they like and are rarely subject to judicial review. Without judicial guidance, LEOs can cite you for whatever they want to, whether it is a correct interpretation of the statute or not.
When a friend entered law enforcement they were taught, you can always find someone doing something to write a ticket on or your not a good cop ( maybe 1983).
The law needs to be clear. This year I had big concerns, where my goose pit would be located where grain truck transfers were made. In August I swept up the wheat. and dumped it in a wheel linerut, to germinate and stomped into the mud to decompose before season.
Personally I think If it grew in the field the field being hunted it isnt baiting.
If "grain" brought in then it would be baiting.
Do I need to worry where beet tops get disposed, how about sorted potato dumps
I just had my first ticket dismissed. I went in to the prosecutors office, and he looked at me and said no duck or goose was shot so there can be no violation. I had my case all laid out and he said he did not need to hear it. Case dismissed. I think more people need to fight tickets. No reason to let a power trip LEO in training get off on the wrong foot. LEO are not judge and jury, that is the courts job. Mrs. Green jean is only a reporter for the state