Waterfowl Hunting and Baiting
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Waterfowl and other migratory birds are a national resource protected
under the Migratory Bird Treaty Act. Hunting waterfowl is a popular
sport in many parts of the country. Federal and State regulations
help ensure that these birds continue to thrive while providing hunting
opportunities.
Federal baiting regulations define key terms for hunters and land
managers, and clarify conditions under which you may legally hunt
waterfowl. As a waterfowl hunter or land manager, it is your responsibility
to know and obey all Federal and State laws that govern the sport.
State regulations can be more restrictive than Federal regulations.
Waterfowl baiting regulations apply to ducks, geese, swans, coots,
and cranes.
Federal regulations are more restrictive for waterfowl hunting than
for hunting doves and other migratory game birds. You should carefully
review the Federal regulations. You may also want to check our information
on
dove hunting and baiting
.
What Is Baiting?
You cannot hunt waterfowl by the aid of baiting or on or over any
baited area where you know or reasonably should know that the area
is or has been baited.
Baiting is the direct or indirect placing, exposing, depositing,
distributing, or scattering of salt, grain, or other feed that could
lure or attract waterfowl to, on, or over any areas where hunters
are attempting to take them.
A baited area is any area on which salt, grain, or other feed has
been placed, exposed, deposited, distributed, or scattered, if that
salt, grain, or feed could serve as a lure or attraction for waterfowl.
The 10-Day Rule
A baited area remains off limits to hunting for 10 days after all
salt, grain, or other feed has been completely removed. This rule
recognizes that waterfowl will still be attracted to the same area
even after the bait is gone.
Waterfowl Hunting on Agricultural Lands
Agricultural lands offer prime waterfowl hunting opportunities. You
can hunt waterfowl in fields of unharvested standing crops. You can
also hunt over standing crops that have been flooded. You can flood
fields after crops are harvested and use these areas for waterfowl
hunting.
The presence of seed or grain in an agricultural area rules out waterfowl
hunting unless the seed or grain is scattered solely as the result
of a normal agricultural planting, normal agricultural harvesting,
normal agricultural post-harvest manipulation, or normal soil stabilization
practice.
These activities must be conducted in accordance with recommendations
of the State Extension Specialists of the Cooperative State Research,
Education, and Extension Service of the U.S. Department of Agriculture
(Cooperative Extension Service).
Planting
A normal agricultural planting is undertaken for the purpose of producing
a crop. The Fish and Wildlife Service does not make a distinction
between agricultural fields planted with the intent to harvest a
crop and those planted without such intent so long as the planting
is in accordance with recommendations from the Cooperative Extension
Service.
Normal agricultural plantings do not involve the placement of seeds
in piles or other heavy concentrations. Relevant factors include
recommended planting dates, proper seed distribution, seed bed preparation,
application rate, and seed viability.
A normal soil stabilization practice is a planting for agricultural
soil erosion control or post mining land reclamation conducted in
accordance with recommendations of the Cooperative Extension Service.
Lands planted by means of top sowing or aerial seeding can only be
hunted if seeds are present solely as the result of a normal agricultural
planting or normal soil stabilization practice (see section on wildlife
food plots).
Harvesting & Post-Harvest Manipulation
A normal agricultural harvest is undertaken for the purpose of gathering
a crop. In general, the presence of long rows, piles, or other
heavy concentrations of grain should raise questions about the
legality of the area for waterfowl hunting.
A normal post-harvest manipulation first requires a normal agricultural
harvest and removal of grain before any manipulation of remaining
agricultural vegetation, such as corn stubble or rice stubble.
To be considered normal, an agricultural planting, agricultural harvesting,
and agricultural post-harvest manipulation must be conducted in accordance
with recommendations of the Cooperative Extension Service (i.e.,
planting dates, application rates, etc.). However, the Fish and Wildlife
Service will continue to make final determinations about whether
these recommendations were followed.
Hunters should be aware that normal harvesting practices can be unique
to specific parts of the country. For example, swathing wheat crops
is a part of the normal harvesting process recommended by the Cooperative
Extension Service in some areas of the upper Midwest. During this
process, wheat is cut, placed into rows, and left in the field for
several days until it dries. Hunting waterfowl over a swathed wheat
field during the recommended drying period is legal. It is illegal
to hunt waterfowl over swathed wheat that becomes unmarketable or
that is left in the field past the recommended drying period because
these situations are not normal harvests.
Manipulation of Agricultural Crops
You cannot legally hunt waterfowl over manipulated agricultural crops
except after the field has been subject to a normal harvest and
removal of grain (i.e., post-harvest manipulation).
Manipulation includes, but is not limited to, such activities as
mowing, shredding, discing, rolling, chopping, trampling, flattening,
burning, or herbicide treatments. Grain or seed which is present
as a result of a manipulation that took place prior to a normal harvest
is bait. For example, no hunting could legally occur on or over a
field where a corn crop has been knocked down by a motorized vehicle.
Kernels of corn would be exposed and/or scattered.
If, for whatever reason, an agricultural crop or a portion of an
agricultural crop has not been harvested (i.e., equipment failure,
weather, insect infestation, disease, etc.) and the crop or remaining
portion of the crop has been manipulated, then the area is a baited
area and cannot be legally hunted for waterfowl. For example, no
waterfowl hunting could legally occur on or over a field of sweet
corn that has been partially harvested and the remainder mowed.
Wildlife Food Plots
You cannot legally hunt waterfowl over freshly planted
wildlife food plots where grain or seed has been distributed, scattered,
or exposed because these plots are not normal agricultural plantings
or normal soil stabilization practices. Wildlife food plots may be
considered a normal agricultural practice, but they do not meet the
definition of a normal agricultural planting, harvest, post-harvest
manipulation, or a normal soil stabilization practice.
Other Agricultural Concerns
You cannot hunt waterfowl on or over areas where farmers feed grain
to livestock, store grain, or engage in other normal agricultural
practices that do not meet the definition of a normal agricultural
planting, harvest, or post-harvest manipulation.
Hunting Over Natural Vegetation
Natural vegetation is any non-agricultural, native, or naturalized
plant species that grows at a site in response to planting or from
existing seeds or other propagules.
Natural vegetation does not include planted millet because of its
use as both an agricultural crop and a species of natural vegetation
for moist soil management. However, planted millet that grows on
its own in subsequent years is considered natural vegetation.
If you restore and manage wetlands as habitat for waterfowl and other
migratory birds, you can manipulate the natural vegetation in these
areas and make them available for hunting.
Natural vegetation does not include plants grown as agricultural
crops. Under no circumstances can you hunt waterfowl over manipulated
crops prior to a normal harvest. Nor can you hunt waterfowl over
manipulated wildlife food plots or manipulated plantings for soil
stabilization.
Problem Areas
Feeding Waterfowl and Other Wildlife
Many people feed waterfowl for the pleasure of bird watching. It
is illegal to hunt waterfowl in an area where such feeding has
occurred that could lure or attract migratory game birds to, on,
or over any area where hunters are attempting to take them. The
10-day rule applies to such areas, and any salt, grain, or feed
must be gone 10 days before hunting. The use of sand and shell
grit is not prohibited.
In some areas, it is a legal hunting practice to place grain to attract
some State-protected game species (i.e., white-tailed deer). But
these areas would be illegal for waterfowl hunting, and the 10-day
rule would apply.
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.
What is Legal?
You can hunt waterfowl on or over or from:
- Standing crops or flooded standing crops, including aquatic plants.
- Standing, flooded, or manipulated natural vegetation.
- Flooded harvested croplands.
- Lands or areas where grains have been scattered solely as the
result of a normal agricultural planting, harvesting, or post-harvest
manipulation.
- Lands or areas where top-sown seeds have been scattered solely
as the result of a normal agricultural planting, or a planting
for agricultural soil erosion control or post-mining land reclamation.
- A blind or other place of concealment camouflaged with natural
vegetation.
- A blind or other place of concealment camouflaged with vegetation
from agricultural crops, provided your use of such vegetation
does not expose, deposit, distribute or scatter grain or other
feed.
- Standing or flooded standing crops where grain is inadvertently
scattered solely as the result of hunters entering or leaving
the area, placing decoys, or retrieving downed birds. Hunters
are cautioned that while conducting these activities, any intentional
scattering of grain will create a baited area.
What is Illegal?
Some examples of areas where you cannot hunt waterfowl include:
- Areas where grain or seed has been top-sown and the Cooperative
Extension Service does not recommend the practice of top sowing
(see section on wildlife food plots).
- Crops that have been harvested outside of the recommended harvest
dates established by the Cooperative Extension Service (including
any subsequent post-harvest manipulations).
- Unharvested crops that have been trampled by livestock or subjected
to other types of manipulations that distribute, scatter, or expose
grain.
- Areas where grain is present and stored, such as grain elevators
and grain bins.
- Areas where grain is present for the purpose of feeding livestock.
- Freshly planted wildlife food plots that contain exposed grain.
- Croplands where a crop has been harvested and the removed
grain is redistributed or “added back” onto
the area where grown.
These examples do not represent an all-inclusive list of
waterfowl baiting violations.
The Hunter's Responsibility
As a waterfowl hunter, you are responsible for determining whether
your proposed hunting area is baited. Before hunting, you should:
- Familiarize yourself with Federal and State waterfowl hunting
regulations.
- Ask the landowner, your host or guide, and your hunting partners
if the area has been baited and inspect the area for the presence
of bait.
- Suspect the presence of bait if you see waterfowl feeding in
a particular area in unusually large concentrations or displaying
a lack of caution.
- Look for grain or other feed in the water, along the shore, and
on the field. Pay particular attention to the presence of spilled
grain on harvested fields and seeds planted by means of top sowing.
- Confirm that scattered seeds or grains on agricultural lands
are present solely as the result of a normal agricultural planting,
normal agricultural harvesting, normal agricultural post-harvest
manipulation, or normal soil stabilization practice by consulting
the Cooperative Extension Service.
- Abandon the hunting site if you find grain or feed in an area
and are uncertain about why it is there.
Other Responsibilities
If you prepare lands for hunting, participate in such preparations,
or direct such preparations, it is important for you to know and
understand what practices constitute baiting. You should know what
activities constitute baiting and when lands or other areas would
be considered baited before such areas are hunted. If you bait or
direct that an area be baited and allow waterfowl hunting to proceed,
you risk being charged with an offense that carries significant penalties.
Overview of Other Regulations
Additional Federal and State regulations apply to waterfowl hunting,
including those summarized below.
Illegal hunting methods. You cannot hunt waterfowl:
- With a trap, snare, net, rifle, pistol, swivel gun, shotgun larger
than 10 gauge, punt gun, battery gun, machine gun, fish hook,
poison, drug, explosive, or stupefying substance.
- From a sink box or any other low floating device that conceals
you beneath the surface of the water.
- From a motorboat or sailboat, unless you shut the motor off or
furl the sail and the vessel is no longer in motion.
- Using live birds as decoys.
- While possessing any shot other than approved nontoxic shot.
- From or by means, aid, or use of any motor vehicle, motor-driven
land conveyance, or aircraft (if you are a paraplegic or are missing
one or both legs, you may hunt from a stationary car or other
stationary motor-driven land vehicle or conveyance).
- Using recorded or electrically amplified bird calls or sounds,
or imitations of these calls and sounds.
- With a shotgun that can hold more than three shells, unless you
plug it with a one-piece filler that cannot be removed without
disassembling the gun.
(The latter two restrictions do not apply during light-goose-only
seasons in certain authorized areas of the Central and Mississippi
Flyways.)
Shooting hours. You cannot hunt waterfowl except during
the hours open to shooting.
Closed season. You cannot hunt waterfowl during the closed
season.
Daily bag limit. You can take only one daily bag limit in
any one day. This limit determines the number of waterfowl you may
legally have in your possession while in the field or while in route
back to your car, hunting camp, home, or other destination.
Wanton waste. You must make a reasonable effort to retrieve
all waterfowl that you kill or cripple and keep these birds in your
actual custody while in the field. You must immediately kill any
wounded birds that you retrieve and count those birds toward your
daily bag limit.
Tagging. You cannot put or leave waterfowl at any place
or in the custody of another person unless you tag the birds with
your signature, address, number of birds identified by species, and
the date you killed them.
Rallying. You cannot hunt waterfowl that have been concentrated,
driven, rallied, or stirred up with a motorized vehicle or sailboat.
Dressing. You cannot completely field-dress waterfowl before
taking them from the field. The head or one fully feathered wing
must remain attached to the birds while you transport them to your
home or to a facility that processes waterfowl.
Dual violation. A violation of a State waterfowl hunting
regulation is also a violation of Federal regulations.
Duck stamp
. If you are 16 or older, you must carry on your person an unexpired
Federal migratory bird hunting and conservation stamp. You must validate
your duck stamp by signing it in ink across the face before hunting.
Migratory
Bird Harvest Information Program (HIP)
. Unless exempt from license requirements in the State
where you are hunting, you must enroll in the HIP and carry proof
of current enrollment while hunting.
Protected
birds
. Federal law prohibits the killing of non-game migratory birds.
Protected birds that you could encounter while waterfowl hunting
include songbirds, eagles, hawks, owls, vultures, herons, egrets,
and woodpeckers.
Banded birds. Waterfowl hunters are encouraged to report
banded birds to the U.S. Fish and Wildlife Service toll-free bird
band report hotline at 1-800/327-2263.
Excerpts from Title 50, Code of Federal Regulations, Part
20.21(i)
No persons shall take migratory game birds:
(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:
(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.
(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.
For More Information
If you have additional questions about waterfowl hunting and the
law, contact the nearest U.S. Fish and Wildlife Service law enforcement
office or one of the Service’s regional law enforcement offices
listed below. You should also consult the appropriate State conservation
agency to determine what State regulations apply.
CA, HI, ID, NV, OR, WA, GU, AS, CM
U.S. Fish and Wildlife Service
Office of Law Enforcement
911 N.E. 11th Avenue
Portland, Oregon 97232-4181
Telephone: 503/231-6125
AZ, NM, OK, TX
U.S. Fish and Wildlife Service
Office of Law Enforcement
P.O. Box 329
Albuquerque, New Mexico 87103
Telephone: 505/248-7889
IL, IN, IA, MI, MN, MO, OH, WI
U.S. Fish and Wildlife Service
Office of Law Enforcement
P.O. Box 45, Federal Building
Fort Snelling, Minnesota 55111-0045
Telephone: 612/713-5320
AL, AR, FL, GA, KY, LA, MS, NC, SC, TN, PR, VI
U.S. Fish and Wildlife Service
Office of Law Enforcement
1875 Century Blvd, Suite 380
Atlanta, Georgia 30359
Telephone: 404/679-7057
CT, DE, DC, ME, MD, MA, NH, NJ, NY, PA, RI, VT, VA, WV
U.S. Fish and Wildlife Service
Office of Law Enforcement
300 Westgate Center Drive
Hadley, Massachusetts 01035
Telephone: 413/253-8274
CO, KS, MT, NE, ND, SD, UT, WY
U.S. Fish and Wildlife Service
Office of Law Enforcement
P.O. Box 25486-DFC
Denver, Colorado 80225
Telephone: 303/236-7540
AK
U.S. Fish and Wildlife Service
Office of Law Enforcement
1011 E. Tudor Road, Room 155
Anchorage, Alaska 99503-6199
Telephone: 907/786-3311
Headquarters
U.S. Fish and Wildlife Service
Office of Law Enforcement
4401 N. Fairfax Drive, MS-3000-LE
Arlington, Virginia 22203
Telephone: 703/358-1949
www.le.fws.gov
Email: R9LE_WWW@fws.gov
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