Waterfowlers Take Notice

U.S. FISH AND WILDLIFE SERVICE 

From: Ken Torkelson, USFWS
Aug. 30, 2007

HUNTERS SHOULD BE AWARE OF BAITING REGULATIONS, SAYS USFWS
With the early Canada goose hunting season opening, and other seasons set to open in the next month, migratory bird hunters are being encouraged to familiarize themselves with waterfowl baiting regulations.

The regulations, which have remained relatively unchanged for many years, state that a field is considered baited if it has been manipulated prior to being harvested. Manipulation of agricultural crops may come in the form of rolling, burning, discing, flattening, mowing, brush-hogging or other similar actions, explained Rich Grosz, special agent with the U.S. Fish and Wildlife Service in Bismarck, ND.

Grosz said that manipulation of agricultural crops before harvest increases the availability of grain and creates an unfair advantage to the hunter.
Agricultural crops include, but are not limited to wheat, corn, barley, oats, flax, beans, peas and other similar crops.

“Due to the wet conditions and hail events in portions of the Dakotas, many producers will not harvest a crop in fields they planted this year,” noted Grosz, “but they then plow it under or otherwise manipulate the field in preparation for next year’s crop.” The knocking down or manipulating of any type of standing grain crop, which is capable of luring and attracting waterfowl, without a harvest, would cause that particular area or field to be considered “baited.”

Grosz continued, “Even in the best of years, there are always individual landowners who experience problems with a specific crop or in harvesting their crops.” He added, “With fall approaching, adverse weather can happen at a moment’s notice and impede harvest or completion of harvest.”

Hunters should be aware of a simple three-step approach to determine if a field is baited. “A field must first undergo a normal agricultural planting, followed by a normal agricultural harvesting; and then the field can be manipulated,” explained Grosz. “If a field is manipulated before a normal harvest occurs, it could be considered a baited field, and anyone hunting in it would do so in violation of federal law.”

Depending on some circumstances, Grosz admitted it could be difficult for hunters to determine whether a field has been manipulated before being harvested. He recommended a close physical inspection of the field by hunters before they hunt it. If that doesn’t definitely rule out pre-harvest manipulation, hunters should go to the source. “If hunters have a question about a field because of the amount of grain present, they should find the farm operator and ask what has been done,” he suggested.
“If they can’t find the farm operator, they should take the safe and ethical way out and avoid the field.” Hunters should also look for grain in areas or in unusual concentrations that would not be due to a normal agricultural harvest.

The Dakotas have a well documented history of agricultural crops being completely or partially destroyed by disease, drought, flood, hail, wind, insects or other natural destructive forces. The Fish and Wildlife Service does not dictate or control what a farmer or rancher may do with their agricultural crops, nor does the agency control or regulate state and/or federally-based agricultural programs that compensate farmers and ranchers for lost or destroyed crops. However, the Service does regulate the hunting on or over agricultural fields that have been manipulated prior to being properly harvested.

Hunters may hunt on or over agricultural crops that are not manipulated and remain standing, provided they have received permission from the landowner.
Hunters may hunt on or over flooded standing or harvested crops and may hunt on or over natural vegetation whether flooded or not.

Hunting waterfowl over livestock feeding operations is prohibited.

The primary purpose of the baiting regulations is to aid in waterfowl conservation as well as to provide an equal opportunity to all hunters by supporting a fair chase, noted Grosz. “We want to inform and educate hunters to make sure there are waterfowl and other migratory game birds to hunt in future seasons.”

For more information on the Service’s baiting regulations, log on to http://www.fws.gov/le/HuntFish/waterfowl_baiting.htm

Interested hunters may also request single copies of the Service brochure, “Waterfowl Hunting and Baiting,” by writing to: U.S. Fish and Wildlife Service, 3425 Miriam Ave., Bismarck, N.D. 58501.

The U.S. Fish and Wildlife Service is the principal federal agency responsible for conserving, protecting and enhancing fish, wildlife and plants for the continuing benefit of the American people.