Crop manipulated

Discussion in 'The Duck Hunters Forum' started by Gander-Commander, Jan 5, 2019.

  1. Gander-Commander

    Gander-Commander Senior Refuge Member

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    A field in my area, an unharvested wheat field was burnt the end of August. There are many other fields in the area, but the geese only feed in this one and have for months. I don't think that you could even run traffic on these birds. The law reads:

    If, for whatever reason, an agricultural crop or a portion of an agricultural crop has not been harvested (i.e., equipment failure, weather, insect infestation, disease, etc.) and the crop or remaining portion of the crop has been manipulated, then the area is a baited area and cannot be legally hunted for waterfowl.

    This was not a planned burning of the unharvested wheat, so how would you interpret the law? Is this field considered as baited and is it possible for a field to be that way for an entire season? This field is being hunted. It also looks weird that on the days that it isn't hunted, the geese typically feed in the spot where they hunt!
     
  2. TheDuckSlayer

    TheDuckSlayer Elite Refuge Member

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    If an unharvested wheat field was burnt it was probably because an insurance company required it to be burnt in order to satisfy an insurance claim. This is sometimes considered normal ag procedure and sometimes not. It’s a grey area of the law. First call the local county extension and inquire about normal ag practice, then call USFWS to get an agents opinion. Don’t call the state- state and Fed opinion often differs.
     
    freefall likes this.
  3. HaydenHunter

    HaydenHunter Elite Refuge Member

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    Field in question borders a highway and the burn was an irregular shape not covering the entire field. I think it was likely and accidental burn caused by thrown cigarette or the like.
     
  4. TheDuckSlayer

    TheDuckSlayer Elite Refuge Member

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    So the remaining portion of the field wasn’t harvested? Seems odd. If an insurance claim was filed for a total loss, the insurance company would usually require the field to be burned, or mowed, or disked.
     
  5. Dean Nelson

    Dean Nelson Moderator Goose Hunting/North Dakota Moderator

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    I'm from North Dakota pretty much everybody up here has a doctorate's degree in baiting law! As far as this goes this is not gray this is black and white it is definitely not gray nope, nope, no way, nope, nope, nope! This field is baited 100% baited no question it's baited and they will bust your *** for using it! Very simple no matter how much there is of a crop and up here we've had literally up to a million Acres of fields go down as baited if a combine does not come in prior to the crop being manipulated it's baited. don't care how many acres there are or if its an insurance claim if there was no combine it's baited.
     
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  6. TheDuckSlayer

    TheDuckSlayer Elite Refuge Member

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    I don’t mean this is as a personal attack but more of a statement of fact- you are one of the most ignorant posters on this board.
     
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  7. Dean Nelson

    Dean Nelson Moderator Goose Hunting/North Dakota Moderator

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    How do you figure that's ignorant that is literally straight-up fact! If a crop requires a combine to harvest it anything coming before that is not normal agricultural practices. we have dealt with this every year up here due to primarily hail and early frost.
     
  8. brentbullets

    brentbullets Elite Refuge Member Supporting Member

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    This thread should get real interesting.:clap
     
  9. JHerr

    JHerr Elite Refuge Member

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    Baited
     
  10. Dean Nelson

    Dean Nelson Moderator Goose Hunting/North Dakota Moderator

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    Here's the law note the highlighted section. It's very simple if you don't have a combine come in nothing else can be done to that crop by manipulating it without becoming baited! Well other than flooding it. I have literally sat down with the fish and wildlife service and talked to them about this, burned fieldes up here are quite common.

    20190105_113132.jpg
     
    BigMike and The Other David like this.

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