An article from WWA’s Words From The Wardens.
This article originally appeared in Wisconsin Waterfowl Association’s November, 2024 eNewsletter.
By DNR Warden Nicholas Hefter
A traditional agricultural practice of prepping fields for the next growing season may look like a buffet for hundreds of hungry migratory birds traveling overhead and potential violations for waterfowl hunters taking aim from below.
Why the potential violations? Because such plowed or tilled fields may be legally viewed as baited and, therefore, off-limits for legal hunting.
However, not all fields of meals are off-limits to waterfowl hunters. For example, fields with standing dry corn stalks or other brittle-looking crops left untouched from their growing seasons are legal to hunt. Also, normal post-harvest manipulation is also legal to hunt. It’s all about manipulation of the fields before versus after the harvest.
If you are scratching your head about now, I understand.
The federal and state regulations address post-harvest manipulation. The regulations are connected to what farmers refer to as ‘bypassing’ or ‘a pass-over’ and is seen regularly in central Wisconsin counties where I serve on the Wisconsin River Team.
Travel through the central Wisconsin area and you’ll see canning companies. These companies pay area farmers to grow certain crops for canning products. Once companies get enough of the crop from farmers, the remaining crops are left on the fields. Farmers call it bypass because it means the company is bypassing taking the crop from the fields.
The farmers then perform a common ag practice which is to plow or till or disc the field, returning the crop into the soil. The federal and state laws define this practice of returning the crop into the soil as manipulation.
These manipulated fields will attract thousands of migratory birds, including ducks and geese, that will eat the crop after it’s been returned to the soil. By definition, that field is now a baited area when it comes to hunting waterfowl – and doing so is illegal in all Wisconsin counties.
Conversely, a post-harvest manipulation is when the crop was fully harvested before the field is worked. A field like that is legal to hunt.
What about flooding a field? You can waterfowl hunt a flooded field, but hunters should ensure they know how it’s been managed. The minute the crop is plowed into the ground, that field transforms into a baited field and is subsequently illegal to hunt waterfowl over.
One final note: The law only deals with migratory waterfowl. The federal law is Title 50, Code of Federal Regulations, Part 20.21(i). The state version is under NR10.12(1)(h). It applies to ducks, geese, swans, coots and cranes.
As you prep for your waterfowl hunting, take the time to review the federal and state regulations. Another best practice is to ensure the status of the property you’d like to do your waterfowl hunting on and the federal and state regulations that would apply.
Know before you go and have fun in our great Wisconsin outdoors.