# Is this field considered baiting??



## Reed (Oct 5, 2004)

My dad and I were out in ND a couple weeks ago, and all the birds in the area were feeding in 2 different fields. They were corn fields from last year that were never harvested and were tilled under. I've heard that state wardens allow it to be hunted and the federal guys consider it baiting. We scouted a bunch and birds from every direction came to those fields. Not being able to find any other field with birds we hunted a small transition slough nearby. We did pretty well but I would love to get into a good field hunt. Anyone know if its legal to hunt?? We're heading out again this weekend and I have heard that birds are thick in another one of those same fields in the area. What would you do?


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## the Bender (Mar 31, 2005)

I heard of guys getting in trouble for hunting Honkers in a pasture because silage was fed to the cows. Hope somebody has an answer to this one.


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## Bob Kellam (Apr 8, 2004)

Here is a Link to the federal regulations on waterfowl hunting. Read them and Live by them.

http://www.access.gpo.gov/nara/cfr/wais ... 20_02.html

This section is pertaining to your question.

http://frwebgate.access.gpo.gov/cgi-bin ... &TYPE=TEXT

Bob


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## ADN (Sep 27, 2005)

The difficulty with the wording of the regulations is that there is no set definition of normal farming practices. Feeding cattle is certainly normal and in the process there is some unintended spoil.

An unharvested field that is tilled under isn't really normal farming.

The difficulty with regulations are the areas that aren't defined clearly. They cannot define every situation in a rule book.

I don't look at the regs with the mindset of "what can I get away with because it isn't written down." That is the wrong approach to it. Look at it this way, the reason baiting is illegal is that it gives a person an unfair advantage in the pursuit of birds. Even if the field isn't technically baited, is hunting it giving you an unfair advantage over the birds?


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## DJRooster (Nov 4, 2002)

Last years corn field? Can't see where this would be baiting. Must be prevented plant acreage from last spring but the only one that could tell you would be a warden.


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## Ron Gilmore (Jan 7, 2003)

The Feds consider those fields to still be baited. A farmer we talked with was directed by the USFWS to post his old corn fields and to allow no hunting. He was not happy, and felt as if he was being strong armed. I called both our state and the Feds. Well as you know the Fed ruling is the one we have to follow.

Might be hard to prove that year old waste grain is really baiting, but I for one do not have the money nor the time to fight it in court. I will hunt else where.

We all may have opinions on this, but through the eyes of the Feds those fields are off limits.


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## joespiek (Nov 25, 2003)

What if the geese were feeding in a grain field wasn't harvested before the snowstorms in early october, and is now totally flattened? Is it still an unharvested field or is it now a baited field?

It's a grey area and probablly get a ticket if you hunted it.

But what if you set up in the field right next to it that was harvested and park your vehicle on the X in hopes of moving the geese to your spread? Is that legal?


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## jb (Feb 8, 2005)

we dont run into that problem too much down here but I was told that if "bait" was left untouched for 20 days on the 21st day you can hunt it. I agree its a fine line and nothing more than a judgment call by the officer the only time I have ever had a problem is many years ago around swan lake we had a pit blind. The river got out eailer that summer and messed up the corn in the fields so all the ears were very small and they left alot behind. They made us throw it all out of the spread no tickets for it but the rest of the fields around had the same deal as us. In are case the local guy came by first ran us throu the ringer then he sat at the edge of the field for a bit then here comes the Fed who ran us throu the same ringer a second time he almost seemed mad he could find nothing to give us a ticket on so before he left thats when he told us to start moving the corn out of the decoys so we did as we we told :-?


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## wtrfwlr (Sep 29, 2004)

If it's this hard of a decision for everybody your best bet would to be not hunting it. I know in illinois at least that would be illegal, it's a baited field because normal farming practices means harvesting a field, not simply mowing it. just my two cents


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## Reed (Oct 5, 2004)

It was hard not to hunt it after seeing 10,000+ mallards and tons of geese in it. Of course, in the morning when we are setting up in a slough near by, three guys go in and hunt the field and pound them. I guess 1 or 2 more groups have hunted the same types of fields in the area since then. You decide to do what you think is right but sure enough someone else will go in and hunt it.


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## slough (Oct 12, 2003)

I'm not trying to accuse you of anything, because i really don't care, but I think if you hunt a slough even next to a baited field, it's still falls under the definition of 'baiting' technically. Not sure but it rings a bell.


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## Ron Gilmore (Jan 7, 2003)

Joe if the field is not tilled or shredded it is huntable. It is no different than when they flood standing grain down south. Just do not disturb or cause any grain to become dislodged. The rules are not that confusing. What confuses the issue is opinions and blending of state rules with Federal. A state can have more restrictive rules than the Feds but not less!


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## charles (Mar 20, 2004)

make a feller thunk....so I pay for a draw at a fed refuge...I sit next a flooded corn field (pumps,personel etc funded with tax dollars) and I'm legal by the letter of the law? If the feds could make money from us huntin "normally" used/farmed land then you would not have a law as it is written or ofcourse no birds because we'd wack em all  The lists of variables goes on and on...I would hope that the intent of the law(s) is to prevent us from being greedy and creating a "non-natural" bait pile for those birds...It comes down to this for me what is the definition of fair chase? My two cents to further ad to the table food for thought.


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## djleye (Nov 14, 2002)

But if you are going to hunt a grain field that was never harvested you must have permission from the landowner. Even if it looks like they might not get a crop, you must have permission!!


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## fowlfoolr (Sep 30, 2004)

Ran into the same problem in Cental Nodak this past week. Over 20,000 mallards and at least 10,000 geese were pouring into this one corn field morning and night for the 5 days we were there. The landowner said we can hunt but the feds would write us up. He thought that was a bunch of bologna but what do you do. He said he hunted it on the opener and limited on ducks and geese in no time at all then the next morning the feds were knocking on his door to make him post it. Seems the locals think it is a joke as well as the non res guys.

Layne


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