Baited areas

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Baited areas

Postby MichaelT » Tue Jan 29, 2013 8:46 pm

Background info: Body of water I hunt has a couple spots where residents bait the area and have it clearly posted that it is a baited area and you are not to hunt near there. There's always hundreds of birds in these areas.

I looked on the NC wildlife website and didn't see anything regarding how far away from a baited area you have to be. Next year I would like to be in the path of birds heading to and coming from said area. Does anybody know what the ruling on this is? I would assume that it would also be illegal to send some pellets into this area from afar to get the birds up in the air and hopefully towards me.

What's the ruling on this stuff guys? I don't want to break the law.

Thanks -Mike
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Re: Baited areas

Postby trigger22 » Tue Jan 29, 2013 8:51 pm

Illegal...
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Re: Baited areas

Postby cbrtrvr » Tue Jan 29, 2013 9:29 pm

Thats a tough one. If its not designated as a rest area and just the home owners feeding, I dont think what they are doing is legal if its a legal hunting area. Id call Raleigh and ask then to be completely safe.
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Re: Baited areas

Postby Mr. Taxidermist » Tue Jan 29, 2013 10:58 pm

State law says you can hunt 300yds from a baited area. Federal law says that if bait alters the flight path of the birds, it is illegal. The federal warden explained it to me this way. We were hunting in the mouth of a particular bay. He said that if the head of the bay was baited (2 miles away), it would be illegal to hunt there because the bait would cause the birds to fly by us.
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Re: Baited areas

Postby Mr. Taxidermist » Tue Jan 29, 2013 10:59 pm

BTW, baiting ducks is not illegal. A lot of the close up photos you see on the covers of DU magazines, WIldfowl, etc are taken in baited areas. It becomes illegal when you "take or attempt to take" birds that have been baited.
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Re: Baited areas

Postby MichaelT » Wed Jan 30, 2013 5:25 am

Mr. Taxidermist wrote:State law says you can hunt 300yds from a baited area. Federal law says that if bait alters the flight path of the birds, it is illegal. The federal warden explained it to me this way. We were hunting in the mouth of a particular bay. He said that if the head of the bay was baited (2 miles away), it would be illegal to hunt there because the bait would cause the birds to fly by us.

Thank you Mr. Taxidermist, this is exactly what I was looking for. I guess I will call my local GW when season is closer and get his take on the situation since he would be the one out there writing the ticket. I didn't figure it was illegal to bait the area cause I know plenty of people who throw out dog food for the fish and ducks. Here's some pics I snapped of some birds taking off Sunday while I was doing a little bird watching.
Image
Image
Image
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Re: Baited areas

Postby riverbound » Wed Jan 30, 2013 2:44 pm

it would be officers discretion whether you are to close or not but more than likely if they have a distinctive path going to and from then they could get you for trafficking birds. But bet your sweet dollar they will be watching you. Just be careful.
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Re: Baited areas

Postby Quack Wacker NC » Thu Jan 31, 2013 4:51 am

Depends on Gw but if he see's them baiting they can get a hunter harassment ticket , it's public water and now u can't hunt there
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Re: Baited areas

Postby KAhunter » Thu Jan 31, 2013 7:36 am

It should be illegal to feed waterfowl during the season PERIOD. It has killed the teal and diver flights in currituck where my hunt club is. There are impoundments and bait piles that hold thousands of birds. You used to get good flights of teal. Now you dont see anything anymore. The hunting where we are has gone down dramtically in the last 10 years and that is a huge reason.
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Re: Baited areas

Postby triplecurl » Thu Jan 31, 2013 2:16 pm

KAhunter wrote:It should be illegal to feed waterfowl during the season PERIOD.


100% agree. Seems to me that Currituck has the GW's around there in their pocket with all the corning that goes on......
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Re: Baited areas

Postby wahoowilly » Thu Jan 31, 2013 5:06 pm

A state gw can't write you up unless you are within 300 yards of the bait. And remember, it has to be totally gone for 10 days before it is no longer considered baited.

A federal gw can write every duck hunter in the state a ticket for hunting in an area influenced by the presence of bait. There is NO distance limit whatsoever. Read about some guys in Delaware, hunting FIVE MILES from a federal refuge where the govt. was feeding the ducks got wrote up, and convicted in federal court.

Since the homeowners in the area are putting up signs, they may REALLY be letting themselves in for hunter harassment charges. File a complaint, in writing, with the WRC, and send a copy to the DA in the county involved.
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Re: Baited areas

Postby triplecurl » Thu Jan 31, 2013 5:34 pm

Aren't state GW's dually sworn as state and federal GW's? That means a state game warden can write you a ticket based on federal baiting rules.
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Re: Baited areas

Postby wahoowilly » Thu Jan 31, 2013 7:43 pm

Nope.

For example, a state gw can't write you for no duck stamp. All they can do is send the info to the feds. It's up to the feds to follow up. Only heard of that happening once.

Good thing, too. Most of the state gw's would love to write all us scumbags for fed violations.
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Re: Baited areas

Postby triplecurl » Thu Jan 31, 2013 7:52 pm

Well I had a long conversation in November with a game warden and in the course of the conversation he said he was dually sworn.
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Re: Baited areas

Postby wahoowilly » Thu Jan 31, 2013 7:57 pm

Had a guy hunting with me this month who left his license home. State gw called into Raleigh to check his license, but said he was going to turn the absence of a duck stamp into the feds. Said he could check on the license because it is timed and dated, but the federal law requires possession while hunting, because it is not. And that he could not cite him, thus the turn in. He said to expect to hear from the feds.
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Re: Baited areas

Postby wahoowilly » Thu Jan 31, 2013 7:58 pm

If the state guys were, in fact dually sworn, many, many tickets would be written for hunting in a baited area.
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Re: Baited areas

Postby ncbufflehead » Thu Jan 31, 2013 9:28 pm

triplecurl wrote:Well I had a long conversation in November with a game warden and in the course of the conversation he said he was dually sworn.

state GW fills out a little slip(you don't get a copy), sends it to the feds and they mail you the ticket/court date. in a way he is "enforcing" it but not the same as he does with state law where he just strokes you out a ticket
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Re: Baited areas

Postby KAhunter » Fri Feb 01, 2013 6:35 am

wahoowilly wrote:Had a guy hunting with me this month who left his license home. State gw called into Raleigh to check his license, but said he was going to turn the absence of a duck stamp into the feds. Said he could check on the license because it is timed and dated, but the federal law requires possession while hunting, because it is not. And that he could not cite him, thus the turn in. He said to expect to hear from the feds.

Buddy had the same thing happen last teal season. He thought he was in the clear till the last week of duck season when the ticket showed up. He is a tight SOB so having to pay that $150 was killing him.
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Re: Baited areas

Postby dbohunts » Fri Feb 01, 2013 6:53 am

wahoowilly wrote:A state gw can't write you up unless you are within 300 yards of the bait. And remember, it has to be totally gone for 10 days before it is no longer considered baited.

A federal gw can write every duck hunter in the state a ticket for hunting in an area influenced by the presence of bait. There is NO distance limit whatsoever. Read about some guys in Delaware, hunting FIVE MILES from a federal refuge where the govt. was feeding the ducks got wrote up, and convicted in federal court.

.


Im calling BS on this one. I find it hard to believe that they got a ticket 5 miles away because of the influence of bait. I mean if this is true just about anyone could get a ticket for hunting birds being influenced by bait, who knows what is in the water 5 miles away from where you are hunting, no way it would hold up in court.
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Re: Baited areas

Postby wahoowilly » Fri Feb 01, 2013 8:11 am

dbohunts wrote:
wahoowilly wrote:A state gw can't write you up unless you are within 300 yards of the bait. And remember, it has to be totally gone for 10 days before it is no longer considered baited.

A federal gw can write every duck hunter in the state a ticket for hunting in an area influenced by the presence of bait. There is NO distance limit whatsoever. Read about some guys in Delaware, hunting FIVE MILES from a federal refuge where the govt. was feeding the ducks got wrote up, and convicted in federal court.

.


Im calling BS on this one. I find it hard to believe that they got a ticket 5 miles away because of the influence of bait. I mean if this is true just about anyone could get a ticket for hunting birds being influenced by bait, who knows what is in the water 5 miles away from where you are hunting, no way it would hold up in court.

Only recalling an article in DU Magazine a few years back. Call all the bs you want. It happened.
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Re: Baited areas

Postby gooosehunter » Fri Feb 01, 2013 12:54 pm

The way the baiting law is written is you have to have "reasonable knowledge" baiting was occuring. Other than that, you will beat the ticket every time.
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Re: Baited areas

Postby wahoowilly » Fri Feb 01, 2013 8:41 pm

Right.
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Re: Baited areas

Postby canmannc » Sat Feb 02, 2013 1:09 am

Quit guessin and bait 'em. Kill your limit and move on! Then entire Bogue Sound is an underwater corn crop anyways. Most of the self righteous anti baiters are yankees anyways. They probly don't ever kill any ducks on their own. What difference does it make if you bait ducks if there is a limit set by the state. You kill your limit and leave 'em be until next time. Most of the people that are so concerned are the people that can't kill their limit no matter what they do so they blame everyone else for killing all of "their" ducks. Trout fishermen are similar. They suck at trout fishing, or they have a bad day, and they blame the gill netters. Let's all trust the government to tell us how many ducks we can shoot and how we sould do it. They are so good at everything else.
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Re: Baited areas

Postby Dingbatter 2 » Sat Feb 02, 2013 6:35 am

At least make it illegal to "feed" ducks in public waters. If you have a private pond and you want to feed the ducks than go for it. If you want to feed ducks in your backyard, fine, just as long as the corn/bread/whatever is in your yard, not in the water. Just don't throw a bunch of corn in public waters, hunt over it, and then go home. Some poor schmuck may hunt there tomorrow or next week and get harrassed by the warden when he had nothing to do with it. How would you like it if I threw some crack by the door of your truck and someone saw it and called the law? Even though you were innocent, and regardless of what you said, the cops would give you one hell of a hard time.

Why buy decoys, learn how to call, scout for birds, buy expensive gear, and then pour out a bunch of corn and then have the nerve to call yourself a "duck hunter"? Are we getting as bad as deer hunters? I would put odds that 90% of the deer hunters out there couldn't kill a deer on their porch without a bucket of corn. :lol3:
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Re: Baited areas

Postby THIN MAN » Sat Feb 02, 2013 8:29 pm

Just as QW'r said "depends on the warden" is true whether you get a ticket. However, in our area the wardens are judge, jury, and exacutioner. The judges are ONLY there as a figure head to "over see" the procedings. To my knowledge NONE of the local judges have any clue regarding game laws and just go by what the warden deems proper punishment. If you flirt with a grey area of the law you will get burnt! Translation will almost always go in favor of the authorities.

I'm not bashing our local wardens as I get along well with most of them. However, there is a former warden that is now in another county that is a total DOUCHE BAG!! If you were to get one like him...SCREWED!
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