Waterfowl hunting and baiting

              U.S. Fish & Wildlife Service
Waterfowl
Hunting and
Baiting
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.
Introduction
Eugene Hester / USFWS
Introduction
Federal baiting regulations defi ne 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 companion
brochure 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.
Cover: Lesser scaup, Bob Hines / USFWS
Waterfowl Hunting on Agricultural Lands
Agricultural lands offer prime waterfowl hunting
opportunities. You can hunt waterfowl in fi elds of
unharvested standing crops. You can also hunt over
standing crops that have been fl ooded. You can fl ood
fi elds 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
fi elds 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.
Bob Savannah / USFWS
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 fi rst 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 fi nal
determinations about whether these recommendations
were followed.
Hunters should be aware that normal harvesting
practices can be unique to specifi c 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 fi eld for several days
until it dries. Hunting waterfowl over a swathed wheat
fi eld 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 fi eld 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 fi eld 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, fl attening, 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 fi eld 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 fi eld
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 defi nition of a normal agricultural planting,
harvest, post-harvest manipulation, or a normal soil
stabilization practice.
Sandhill crane
Bob Savannah / USFWS
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
defi nition 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 fl ight
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 fl ooded standing crops, including
aquatic plants.
■ Standing, fl ooded, 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 camoufl aged with
natural vegetation.
■ A blind or other place of concealment camoufl aged with
vegetation from agricultural crops, provided your use
of such vegetation does not expose, deposit, distribute
or scatter grain or other feed.
■ Standing or fl ooded 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.
Canvasback duck
Tim Knepp / USFWS
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.
Canada goose
Bob Savannah / USFWS
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 fi eld. Pay particular attention to the
presence of spilled grain on harvested fi elds and seeds
planted by means of top sowing.
■ Confi rm 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 fi nd 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
signifi cant penalties.
Widgeon
Bob Hines / USFWS
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, rifl e, pistol, swivel gun, shotgun
larger than 10 gauge, punt gun, battery gun, machine
gun, fi sh hook, poison, drug, explosive, or stupefying
substance.
■ From a sink box or any other low fl oating 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 amplifi ed 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 fi ller 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 fi eld 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 fi eld.
You must immediately kill any wounded birds that you
retrieve and count those birds toward your daily bag limit.
Tom Kelley / USFWS
Blue-winged teal
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
identifi ed 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 fi eld-dress waterfowl
before taking them from the fi eld. 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).
Each hunter is required to enroll in the HIP and carry
proof of such enrollment.
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 fl ooded standing crops (including
aquatics); standing, fl ooded, or manipulated natural
vegetation; fl ooded 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
camoufl aged with natural vegetation;
(iii) From a blind or other place of concealment
camoufl aged with vegetation from agricultural crops,
as long as such camoufl aging does not result in the
exposing, depositing, distributing or scattering of grain
or other feed; or
(iv) Standing or fl ooded 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 offi ce or one of the Service’s
regional law enforcement offi ces 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
Offi ce 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
Offi ce 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
Offi ce 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
Offi ce of Law Enforcement
P.O. Box 49226
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
Offi ce 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
Offi ce of Law Enforcement
P.O. Box 25486-DFC
Denver, Colorado 80225
Telephone: 303/236-7540
AK
U.S. Fish and Wildlife Service
Offi ce of Law Enforcement
1011 E. Tudor Road, Mail Stop 151
Anchorage, Alaska 99503-6199
Telephone: 907/786-3311
Headquarters
U.S. Fish and Wildlife Service
Offi ce 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
printed on recycled paper with vegetable based inks
November 2004