Post by morrison on Jan 5, 2016 11:08:57 GMT -5
I have posted the federal statutes below. Just to clarify, if it is not part of a normal agricultural process it is considered baiting. However, even with agricultural processes, these regulations limit what a person is allowed to do.
The statute has three parts. the first part states that you cannot hunt over a baited area. The second part will state what is NOT considered baited as it applies to migratory birds INCLUDING waterfowl and the third part states what applies to migratory birds that DO NOT INCLUDE waterfowl.
PART I -- You cannot hunt over a baited area
An individual cannot take migratory birds or waterfowl (i)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. However, nothing in this paragraph prohibits:
Part II -- This is NOT considered baiting for migratory birds INCLUDING waterfowl:
(1) the taking of any migratory game bird, including waterfowl, coots, and cranes, on or over the
following lands or areas that are not otherwise baited areas --
(i) Standing crops or flooded standing crops (including aquatics); standing, flooded, or
manipulated natural vegetation; flooded harvested croplands; or lands or areas where seeds or
grains have been scattered solely as the result of a normal agricultural planting, harvesting,
post-harvest manipulation or normal soil stabilization practice;
(ii) From a blind or other place of concealment camouflaged with natural vegetation;
(iii) From a blind or other place of concealment camouflaged with vegetation from agricultural
crops, as long as such camouflaging does not result in the exposing, depositing, distributing or
scattering of grain or other feed; or
(iv) Standing or flooded standing agricultural crops where grain is inadvertently scattered solely
as a result of a hunter entering or exiting a hunting area, placing decoys, or retrieving downed
birds.
Part III -- This is NOT considered baiting for migratory birds NOT INCLUDING waterfowl:
(2) The taking of any migratory game bird, except waterfowl, coots and cranes, on or over lands
or areas that are not otherwise baited areas, and where grain or other feed has been distributed or
scattered solely as the result of manipulation of an agricultural crop or other feed on the land
where grown, or solely as the result of a normal agricultural operation.
The statute has three parts. the first part states that you cannot hunt over a baited area. The second part will state what is NOT considered baited as it applies to migratory birds INCLUDING waterfowl and the third part states what applies to migratory birds that DO NOT INCLUDE waterfowl.
PART I -- You cannot hunt over a baited area
An individual cannot take migratory birds or waterfowl (i)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. However, nothing in this paragraph prohibits:
Part II -- This is NOT considered baiting for migratory birds INCLUDING waterfowl:
(1) the taking of any migratory game bird, including waterfowl, coots, and cranes, on or over the
following lands or areas that are not otherwise baited areas --
(i) Standing crops or flooded standing crops (including aquatics); standing, flooded, or
manipulated natural vegetation; flooded harvested croplands; or lands or areas where seeds or
grains have been scattered solely as the result of a normal agricultural planting, harvesting,
post-harvest manipulation or normal soil stabilization practice;
(ii) From a blind or other place of concealment camouflaged with natural vegetation;
(iii) From a blind or other place of concealment camouflaged with vegetation from agricultural
crops, as long as such camouflaging does not result in the exposing, depositing, distributing or
scattering of grain or other feed; or
(iv) Standing or flooded standing agricultural crops where grain is inadvertently scattered solely
as a result of a hunter entering or exiting a hunting area, placing decoys, or retrieving downed
birds.
Part III -- This is NOT considered baiting for migratory birds NOT INCLUDING waterfowl:
(2) The taking of any migratory game bird, except waterfowl, coots and cranes, on or over lands
or areas that are not otherwise baited areas, and where grain or other feed has been distributed or
scattered solely as the result of manipulation of an agricultural crop or other feed on the land
where grown, or solely as the result of a normal agricultural operation.