Page 1 of 3

Is my duck hole legal?

Posted: Tue Nov 30, 2010 3:52 pm
by bovinahunter
The farm I hunt adjoins another large farm that had corn planted on approximately 300 acres. The farmer had worms in his crop and filed a claim on his crop insurance. He did not harvest the crop and bushogged the corn down. I heard from someone that I now can't hunt my farm due to this. I have been told that farms within a mile of this bushogged corn are illegal.

Does this make sense???

Thanks

Re: Is my duck hole legal?

Posted: Tue Nov 30, 2010 4:05 pm
by Buckwabit
It is Very Illegall.....Where is this Place Exactly so I can make sure the Legality of your place?? :lol: :lol:

Re: Is my duck hole legal?

Posted: Tue Nov 30, 2010 4:06 pm
by Jeff
If it were me I'd just hunt the neighbors worm eaten corn! :mrgreen:

However I think it is a distance thing from said corn. Pretty much positive it's not a mile, think it's yards not miles.

Re: Is my duck hole legal?

Posted: Tue Nov 30, 2010 4:18 pm
by bovinahunter
Any ideas on the actual distance? I was very skeptical about the answer I got from someone, but he claims he talked to the game warden and the game warden said no hunting on my place...

Re: Is my duck hole legal?

Posted: Tue Nov 30, 2010 4:25 pm
by JaMak84
Distance
How close to bait can you hunt without breaking the law? There is no set distance. The law prohibits hunting if bait is present that could lure or attract birds to, on, or over areas where hunters are attempting to take them. Distance will vary depending on the circumstances and such factors as topography, weather, and waterfowl flight patterns. Therefore, this question can only be answered on a case-by-case basis.


http://www.fws.gov/le/pdffiles/09-30-04 ... ochure.pdf

Re: Is my duck hole legal?

Posted: Tue Nov 30, 2010 4:28 pm
by lipsplitter39654
its all about the zone of infuence the warden has the burden of proof that the area you are hunting is within that zone of influence and ducks are being lured to your area because of the corn. i havent seen any ducks dry feeding in these places yet this year.

Re: Is my duck hole legal?

Posted: Tue Nov 30, 2010 7:34 pm
by webfootnut
this is a question for wingman i would pm him and he will tell you exactly what you need to know,he is a game warden and he is very helpful.

Re: Is my duck hole legal?

Posted: Wed Dec 01, 2010 7:39 am
by astorey
Jeff wrote:If it were me I'd just hunt the neighbors worm eaten corn! :mrgreen:

However I think it is a distance thing from said corn. Pretty much positive it's not a mile, think it's yards not miles.
+1

Re: Is my duck hole legal?

Posted: Wed Dec 01, 2010 11:35 am
by Blackduck
Not your land and not your problem.

I wouldn't set up right on the property line and hope to shoot birds flying over.

Is bush-hogging wormy corn not normal agricultural practices?

Basically if they want to get you, you are going to get got. 8)

Re: Is my duck hole legal?

Posted: Wed Dec 01, 2010 11:38 am
by *7*
Blackduck wrote: Is bush-hogging wormy corn not normal agricultural practices?
That's what I was thinking too.

Re: Is my duck hole legal?

Posted: Wed Dec 01, 2010 12:50 pm
by JaMak84
*7* wrote:
Blackduck wrote: Is bush-hogging wormy corn not normal agricultural practices?
That's what I was thinking too.
The short answer: No. Bushhogging, discing, burning, or any other means of destroying a crop for whatever reason is not "normal"

The "normal" progression of an agricultural crop is: planting, emergance, growth, pollination, fuit, maturation, then harvest.


Destroying a crop due to insect investation or disease required by the insurance company to collect on a claim is not "normal".

Re: Is my duck hole legal?

Posted: Wed Dec 01, 2010 2:53 pm
by Roach
Blackduck wrote:Not your land and not your problem.

I wouldn't set up right on the property line and hope to shoot birds flying over.

Is bush-hogging wormy corn not normal agricultural practices?

Basically if they want to get you, you are going to get got. 8)
OH SO WRONG on "not your land" because they can bust you for being too close.

Re: Is my duck hole legal?

Posted: Wed Dec 01, 2010 2:56 pm
by Roach
JaMak84 wrote:
*7* wrote:
Blackduck wrote: Is bush-hogging wormy corn not normal agricultural practices?
That's what I was thinking too.
The short answer: No. Bushhogging, discing, burning, or any other means of destroying a crop for whatever reason is not "normal"

The "normal" progression of an agricultural crop is: planting, emergance, growth, pollination, fuit, maturation, then harvest.


Destroying a crop due to insect investation or disease required by the insurance company to collect on a claim is not "normal".
I agree with what you have said 100% based on "normal" agricultural crops.
My question is, what if I own a section of property and the PURPOSE of planting my crop is entirely for wildlife and not for sale...can I do anything to this crop and if not, why?

Re: Is my duck hole legal?

Posted: Wed Dec 01, 2010 3:18 pm
by JaMak84
Roach wrote:I agree with what you have said 100% based on "normal" agricultural crops.
My question is, what if I own a section of property and the PURPOSE of planting my crop is entirely for wildlife and not for sale...can I do anything to this crop and if not, why?
Can you manipulate it for waterfowl? Sure you can, but you can't hunt it.

or

You can leave it standing without manipulation and it's legal to hunt.


As far as the why, your going to have to ask the guys that wrote the law.

Re: Is my duck hole legal?

Posted: Wed Dec 01, 2010 3:19 pm
by Bercy
"Normal agricultural practices" applies to dove hunting and "manipulation" applies to all other migratory birds. You can plant anything you want for the ducks, but you cannot manipulate any standing crop - ie, bushhog, disk, roll, walk through, ride a 4-wheeler through, etc.