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Re: Is my duck hole legal?

Posted: Wed Dec 01, 2010 3:20 pm
by Take 'em
Roach,
This is what has been told to me by more than one GW.
From my understanding is that any naural vegetation, be it millet, wild rice, or any type of "wild/natural" vegetation/grass CAN be manipulated. It CAN be disked, bushhogged, basically whatever you feel like doing to it. This goes for things you DIDN'T plant, things that grew thru mother nature putting them there.
Now if you plant corn, milo, beans, rice, or any other kind of ag plant that is planted by "humans", it CAN NOT be touched. It CAN NOT be mowed, disked, knocked down, or any other method of manipulation, even if it has to be done to collect insurance check or if you planted it solely for ducks. You can flood it and hunt it as is. It has to be left standing, untouched by any person or machine. Basically have to let water make it fall over. Can't even ride fourwheelers thru it to get to your blind by zig zagging and using a different way in/out every time. You have to go in and out the same path each time on a fourwheeler.

Re: Is my duck hole legal?

Posted: Wed Dec 01, 2010 3:31 pm
by music_man
Definitely ask Wingman!!!!! We had a similar issue, and you need to read the law on this! But from, what you posted the land is definitely considered baited! So, you will need clarification on whether or not the property you are hunting is legal!!!!

Re: Is my duck hole legal?

Posted: Wed Dec 01, 2010 5:17 pm
by bovinahunter
music_man wrote:Definitely ask Wingman!!!!! We had a similar issue, and you need to read the law on this! But from, what you posted the land is definitely considered baited! So, you will need clarification on whether or not the property you are hunting is legal!!!!

I appreciate everyones response. It just does not make sense that a farmer on an adjoining property could control my ability to hunt on my property. I sent Wingman a PM... Hope he has good news...

Thanks

Re: Is my duck hole legal?

Posted: Wed Dec 01, 2010 8:15 pm
by music_man
I know it doesn't seem fair, and to me it isn't!!!!! However, you don't want to pay a fine for something we all think is unfair!!!! Just trying to help you out!

Re: Is my duck hole legal?

Posted: Wed Dec 01, 2010 9:41 pm
by Roach
heard it from a State GW...your property would be illegal to hunt due to your neighbors property. He also said that he was not going to push the issue unless the hunter/landowner was being a jerk. He followed that up by saying that a Fed GW would stick it to ya.
ain't right, but its the law...be VERY, VERY, NICE if approached by MR GREEN JEANS...no matter what the circumstances.

Re: Is my duck hole legal?

Posted: Wed Dec 01, 2010 9:44 pm
by Roach
As far as planting a duck hole in the future, I think I will just host a MDWF&P hunt on it opening weekend! :wink: :wink:

Re: Is my duck hole legal?

Posted: Wed Dec 01, 2010 9:48 pm
by quack_a_tack
I was once told by a HP "I am not here to be fair, I am here to uphold the law, the law you just broke. Have a nice day."

Re: Is my duck hole legal?

Posted: Wed Dec 01, 2010 10:44 pm
by benjidp
If I were you and I had paid for/leased the land I would hunt it.

They'd have to come tell me that I couldn't hunt. And then it'd be up to you. Maybe if they did come write you a ticket you could show a judge you're side of it?!?

And...if they did write you a ticket where does that leave you and the landowner? Can he lease you land for duck hunting purposes that isn't a "huntable" property?


JMO...

Re: Is my duck hole legal?

Posted: Thu Dec 02, 2010 8:09 am
by *7*
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".
Yes I know the laws definition of "normal" and that's what I'm questioning. A hundred years ago when the laws were first written it wasn't normal, but in todays time, that is normal. I'm simply saying the laws need to be updated... but we all know that ain't happening.

Re: Is my duck hole legal?

Posted: Thu Dec 02, 2010 8:28 am
by Bercy
"Normal" has nothing whatsoever to do with waterfowl - doesn't matter what's normal these days. It's "manipulation" - you cannot manipulate - period.

Re: Is my duck hole legal?

Posted: Thu Dec 02, 2010 8:42 am
by *7*
Bercy wrote:"Normal" has nothing whatsoever to do with waterfowl - doesn't matter what's normal these days. It's "manipulation" - you cannot manipulate - period.
...period. :lol: Don't get pissy dude. Calm down. I've apparently pissed in you wheaties by not seeing eye-to-eye with you. I'm not going to get into an argument on the legalities of "normal agricultural practicies" or the definition of "manipulation"

You win. Congratulation.

Re: Is my duck hole legal?

Posted: Thu Dec 02, 2010 10:36 am
by Lazy Drake
I would hunt it and not worry about it. What are the chances they are going to find out? Don't go announcing it to the world. You didn't bait or bush hog, so in my mind you are ok. We have to many damn laws in the first place.

Re: Is my duck hole legal?

Posted: Thu Dec 02, 2010 5:16 pm
by Wingman
bovinahunter wrote:
music_man wrote:Definitely ask Wingman!!!!! We had a similar issue, and you need to read the law on this! But from, what you posted the land is definitely considered baited! So, you will need clarification on whether or not the property you are hunting is legal!!!!

I appreciate everyones response. It just does not make sense that a farmer on an adjoining property could control my ability to hunt on my property. I sent Wingman a PM... Hope he has good news...

Thanks
Not being a jerk but I will not answer questions about whether or not a property is okay or not okay to hunt. You should call the USFWS or the MDWFP Jackson office about that.

Re: Is my duck hole legal?

Posted: Thu Dec 02, 2010 5:31 pm
by LawDawg
ahh man, now I can't say that Wingman told me I could hunt here...

Re: Is my duck hole legal?

Posted: Sat Dec 04, 2010 4:10 pm
by lower14
Wingman wrote:
bovinahunter wrote:
music_man wrote:Definitely ask Wingman!!!!! We had a similar issue, and you need to read the law on this! But from, what you posted the land is definitely considered baited! So, you will need clarification on whether or not the property you are hunting is legal!!!!

I appreciate everyones response. It just does not make sense that a farmer on an adjoining property could control my ability to hunt on my property. I sent Wingman a PM... Hope he has good news...

Thanks
Not being a jerk but I will not answer questions about whether or not a property is okay or not okay to hunt. You should call the USFWS or the MDWFP Jackson office about that.
And neither of them will answer the question, either. Same thing happened to our place this year - farmer next to us had to destroy his corn crop to collect the crop insurance. Neither the Feds nor the State would agree to come out to inspect the land and make a ruling because it's such a judgment call and that the fine involved can be quite significant. Must have called both places 50 times and gotten 50 different reasons on why they wouldn't make a call on whether it would be legal to hunt the place.

Short version is that you are completely and totally farked, and nobody from the government, state or federal, has any interest in whether you can hunt your place or not.