# Swath Hunting



## Scraper (Apr 1, 2002)

If permission from the landowner is obtained, can a person hunt in unharvested swaths? Is it baiting? What about flooded wheat?


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## BRYAN_REMER (Sep 24, 2003)

I don't see how it could be considered baiting. As long as the intent of making swaths wasn't to lure game in, then there shouldn't be a problem. I couldn't find it in the ND regs but I got this from the MN waterfowl regs.



> Baiting includes placing, exposing, depositing, distributing, or scattering of salt, grain, or other feed that could serve as a lure or attraction for migratory game birds to, on, or over areas where hunters are attempting to take them. Agricultural areas must be prepared in accordance with official recommendations to be legally hunted. It is a separate offense to place or direct placement of bait on or adjacent to an area that causes, induces, or allows another to hunt by the aid of bait or over a baited area. Hunters are responsible for ensuring that an area has not been baited and should verify its legality prior to hunting.


This still seems a little grey though. Under baiting in the big game section it mentions that baiting doesn't apply to foods resulting from normal or accepted farming, forest management, wildlife management, orchard management, or similar land management activities. The problem we ran into this fall is finding a landowner that will let you out there if the field is still in swaths. What does everyone else think about this?


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## Ryan_Todd (Apr 11, 2004)

i wouldn't think it would be baiting because that is a normal farming practice. i'm not sure on the flooded field question though.


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## MinotRich (Sep 18, 2003)

19. Summary of Federal Regulations
In addition to state regulations, these federal rules apply to the taking and possession of migratory game birds.

No one shall take migratory game birds by the aid of baiting, or on or over any baited area, where a person knows or reasonably should know that the area is or has been baited. You may hunt migratory game birds, including waterfowl, on, over, or from standing crops or flooded standing crops; flooded, harvested cropland; lands where grain has been scattered solely as a result of a normal agricultural planting, harvest or post-harvest manipulation; or from a blind or place of concealment camouflaged with vegetation from agricultural crops, *provided that use of such vegetation does not expose, deposit or scatter grain or other feed. *

This is from the 2004 North Dakota Waterfowl Hunting Guide. I would think that hunting a swathed field would be legal, provided you had the landowners permission. To be absolutely sure though, I would call a game warden to get their opinion on it. Better safe than sorry! Besides, that's where our tax dollars go!


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## win4win (Sep 8, 2003)

From ND Game and Fish.....

Waterfowl Hunters Will See More Standing Crops than in the Past 092204 
North Dakota residents hunting waterfowl this weekend will notice more standing crops than usual for this time of year, according to agricultural statistics provided by North Dakota State University.

"Hunters need to be aware that field conditions are different than what they were last year," said Randy Kreil, wildlife chief for the State Game and Fish Department. "Weather conditions forced harvest to be delayed in portions of the state."

*Hunters are reminded it is not legal to hunt in unharvested fields, including fields that have been swathed but not combined, without permission from the landowner.* "There are more standing crops this year than in the past," Kreil said, "especially in the northern and eastern portions of the state," Kreil said.

Statistics released Sept. 20 reveal harvest on barley was 91 percent complete, oats (85), spring wheat (76), canola (53), durum wheat (50), corn silage (33) and flaxseed 32 percent complete.

Typically, small grain harvest is usually completed by mid-September. "With the late harvest this year hunters should take extra effort to contact landowners about hunting access," Kreil said, "and be careful to not interfere with agricultural operations."

Hunters should note that unharvested fields on game and fish Private Lands Open to Sportsmen areas are legal to hunt unless the area is marked with an orange "no hunting in unharvested crop" sign.


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## SiouxperDave25 (Oct 6, 2002)

This is from the most recent NDGF newsletter:

_Waterfowl Hunters Will See More Standing Crops than in the Past_

North Dakota residents hunting waterfowl this weekend will notice more standing crops than usual for this time of year, according to agricultural statistics provided by North Dakota State University.

"Hunters need to be aware that field conditions are different than what they were last year," said Randy Kreil, wildlife chief for the State Game and Fish Department. "Weather conditions forced harvest to be delayed in portions of the state."

*Hunters are reminded it is not legal to hunt in unharvested fields, including fields that have been swathed but not combined, without permission from the landowner.* "There are more standing crops this year than in the past," Kreil said, "especially in the northern and eastern portions of the state."

Statistics released Sept. 20 reveal harvest on barley was 91 percent complete, oats (85), spring wheat (76), canola (53), durum wheat (50), corn silage (33) and flaxseed 32 percent complete.

Typically, small grain harvest is usually completed by mid-September. "With the late harvest this year hunters should take extra effort to contact landowners about hunting access," Kreil said, "and be careful to not interfere with agricultural operations."

Hunters should note that unharvested fields on game and fish Private Lands Open to Sportsmen areas are legal to hunt unless the area is marked with an orange "no hunting in unharvested crop" sign.


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## win4win (Sep 8, 2003)

Yeah what he said! :lol: :lol:


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## Dan Bueide (Jul 1, 2002)

Get stopped by a Fed, they may have something differnt to say, unless they've changed/clarified their position:

http://www.nodakoutdoors.com/members/ph ... +row#52294

Scroll up to GG's post in that thread.


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## rburt (Apr 12, 2002)

I actually called G&F 2 years ago before hunting on swaths and was told that it was OK as long as the field was swathed with the intention to be harvested. So, basically it's ok unless you were to just plant barley and swath it and then let it sprout for good hunting but never combine it.


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## drjongy (Oct 13, 2003)

Just get permission from the landowner....simple as that.


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## stoeger (Aug 20, 2003)

A friend of mine this weekend asked a farmer if he could hunt his swaths and the farmer told him yes. He did not want the ducks and geese eating it all up before he was able to harvest it. The only request the farmer probably will have is that you dont drive over his swaths.


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## duckslayer (Oct 30, 2003)

If you get permission to hunt swaths then you are good to go. We got ASKED to hunt swaths for opening weekend because the birds were out of control on them and with the wet weather the farmer didnt think he'd get to them for at least a week. Ended the weekend with limits of ducks and honks for 5 guys both days. Good start to the season.


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## buckseye (Dec 8, 2003)

Thats all I hunted for early dark season, just have permission. 8)


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