Had a situation in SD on opening weekend. We had permission to hunt a cornfield that was being harvested and shot a couple birds that had been flushed by a combine doing the last rows. The owner suggested that we do it so we did. A federal warden had been watching us and came over after we shot the birds. He said it was illegal but he was going to give us a break and he wouldn't write us up but not to do it again. The next day another party did the same thing in the same field and again the warden showed up this time with a state warden. They did not pinch the guys for doing it but one of the hunters had an outstanding warrant from a previous year for trespassing. They cuffed him and hauled him off but again didn't write the others. So my question is. is it illegal to shoot a upland bird chased up by a vehicle (combine) in South Dakota?? It would be illegal for waterfowl but how about upland?
Hunting by a combine illegal in SD???
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birdman652001
New member
funny, i see Deer hunters chase deer every season to get in position to shoot a deer on the move (not shooting FROM the vehicle of course but to get ahead, and find a place to shoot a deer).
As an ex police officer, i find the warden at fault here really. but thats strictly my opinion though.
the hunter is NOT on the combine while shooting pheasants...
well yes and no..
So how does ROAD HUNTING apply? if you state as above using a motorized vehicle to kick up the birds.. how is road hunting differ?
hunters drive til they see a pheasant which is 100% of the time spooked from the noise of a moving vehicle approaching them. does this mean that the hunter is violating every law with his truck to road hunt?
onpoint
Active member
Page 47 of the 2010 South Dakota hunting handbook
No person may use a motor vehicle to chase,
harass, intercept, pursue or disturb big game,
small game or migratory birds.
â?¢ No person may use any aircraft to hunt, take,
concentrate, rally or locate any game.
â?¢ No person may use a snowmobile to chase,
harass or disturb any wild animal.
â?¢ No person may use an amphibious or allterrain
vehicle to hunt or shoot at waterfowl
unless the vehicle is at rest or being used as
part of a fixed hunting blind.
â?¢ No person may use a motor vehicle on State
School and Public Lands for the purpose of
hunting, fishing or trapping. The restriction does
not apply to roads, trails or parking areas
designated and signed by GFP.
â?¢ No person may possess a firearm while riding on
or operating a snowmobile, motorcycle or offroad
vehicle, unless the firearm is completely
unloaded and completely enclosed in a carrying
case. This does not apply to persons using offroad
vehicles on their own land or land they
lease or to persons with a disabled hunter permit,
but does apply to use of snowmobiles and
motorcycles. This does not apply to any person
carrying a pistol and possesses a valid permit to
carry a concealed weapon.
No person may use a motor vehicle to chase,
harass, intercept, pursue or disturb big game,
small game or migratory birds.
â?¢ No person may use any aircraft to hunt, take,
concentrate, rally or locate any game.
â?¢ No person may use a snowmobile to chase,
harass or disturb any wild animal.
â?¢ No person may use an amphibious or allterrain
vehicle to hunt or shoot at waterfowl
unless the vehicle is at rest or being used as
part of a fixed hunting blind.
â?¢ No person may use a motor vehicle on State
School and Public Lands for the purpose of
hunting, fishing or trapping. The restriction does
not apply to roads, trails or parking areas
designated and signed by GFP.
â?¢ No person may possess a firearm while riding on
or operating a snowmobile, motorcycle or offroad
vehicle, unless the firearm is completely
unloaded and completely enclosed in a carrying
case. This does not apply to persons using offroad
vehicles on their own land or land they
lease or to persons with a disabled hunter permit,
but does apply to use of snowmobiles and
motorcycles. This does not apply to any person
carrying a pistol and possesses a valid permit to
carry a concealed weapon.
birdman652001
New member
funny, Every year the GF&P host a coyote shoot and evne people use snowmobiles to shoot coyotes and no fines there. people used trucks, atvs and coyotes arent the type to hide, once they hear something approaching them, they run home or anywhere they can escape. the yearly coyote challenge always had spooked coyotes from hearing you coming. isnt it obvious? i mean are we doing a tree stand hunting type of thing for pheasants now, or coyotes?
other than that, i still dont see how road hunting differ from what you stated above which then shoudl be illegal to use your own truck to hunt for birds which is spooked by the noise from your truck as i stated above.
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birdman652001
New member
i dont know how you interpret it because as you stated applies to road hunting too. whats your THOUGHT on road hunting that is a motorized vehicle?
I will agree it isnt ethic way to hunt.. it the combine happened to be there. anythign could of happened. there could of been a crop duster in the field next to the land you were hunting and as the crop duster approaches your end of the field.. it scares the birds up... and you shoot, deem to be illegal?
moellermd
Super Moderator
I have combined enough corn fields to know that if you are going to get any advantage of the combine you better be standing in the headlands. Other wise there flight is too erratic to get a shot off.
Your road hunting argument is non-analogous. When road hunting you do not put a guy at the end of the road and drive the truck through the ditch scaring up birds.
birdman652001
New member
no where does it say that in regulations that using a motorized vehicle with blockers in place is illegal.
dont see it.
sure its common sense, but its not a REGULATION stating you cannot be blocking small games, big game or migratory birds of it's path (blocking).
onpoint
Active member
Hunting on Public Road Rights of Way
Public road rights of way are open for the hunting of small game and waterfowl (see Dove, Youth
Pheasant, and Resident-Only Pheasant seasons for special road hunting restrictions). However, no
person may hunt within 660 feet of schools, churches, occupied dwellings and livestock. Furthermore,
neither the person discharging a firearm nor the small game animal being shot at may be within the 660-
foot safety zone.
The public right of way along a section line or other highway is open for hunting if:
1. The right of way has been commonly used by the public for vehicular travel, as demonstrated by the
existence of a well-worn vehicle trail.
2. An intentional alteration or adaptation has been made to the right of way to enhance the natural terrain's
utility for vehicular travel or to permit vehicular travel where it was not possible before.
NOTE: Fences are sometimes not on a right of way boundary and sometimes there is no fence. Most
section line rights of way are 66 feet wide. Some acquired rights of way are wider.
â?¢ Hunters can take only small game (except mourning doves) and waterfowl within the right of way on foot.
The hunter must be within the right of way and the game must have taken flight from within or be flying
over the right of way.
â?¢ The person must park or stop their vehicle as far to the right-hand side of the road as possible.
â?¢ If the person who discharges a firearm is more than 50 yards from the vehicle, the doors on the side of
the vehicle nearest the roadway must be closed, but the engine may remain running.
â?¢ If the person who discharges a firearm is less than 50 yards from the vehicle, all of the doors of the
vehicle must be closed and the engine shall be turned off.
â?¢ It is NOT legal to shoot small game and waterfowl that takes flight from a public right of way over a
Federal Refuge or Indian Tribal Trust lands. If a State-licensed hunter shoots at a bird across the fence on
either of these lands, the hunter may be subject to arrest by Federal Fish & Wildlife officers.
â?¢ Small game and waterfowl taken from the right of way but falling onto private property can be retrieved by
unarmed hunters on foot.
â?¢ No person may discharge a firearm, muzzleloader, crossbow or bow and arrow at any big game animal,
except turkey to be taken with a shotgun using shot shells or with a bow and arrow, from within the right of
way of an improved public highway.
â?¢ A person may not discharge a firearm or other weapon across or from any Black Hills National Forest
system road.
â?¢ Any person who, while hunting a road right of way, negligently endangers another person, or puts that
person in fear of imminent serious bodily harm, is guilty of a Class 1 misdemeanor.
Public road rights of way are open for the hunting of small game and waterfowl (see Dove, Youth
Pheasant, and Resident-Only Pheasant seasons for special road hunting restrictions). However, no
person may hunt within 660 feet of schools, churches, occupied dwellings and livestock. Furthermore,
neither the person discharging a firearm nor the small game animal being shot at may be within the 660-
foot safety zone.
The public right of way along a section line or other highway is open for hunting if:
1. The right of way has been commonly used by the public for vehicular travel, as demonstrated by the
existence of a well-worn vehicle trail.
2. An intentional alteration or adaptation has been made to the right of way to enhance the natural terrain's
utility for vehicular travel or to permit vehicular travel where it was not possible before.
NOTE: Fences are sometimes not on a right of way boundary and sometimes there is no fence. Most
section line rights of way are 66 feet wide. Some acquired rights of way are wider.
â?¢ Hunters can take only small game (except mourning doves) and waterfowl within the right of way on foot.
The hunter must be within the right of way and the game must have taken flight from within or be flying
over the right of way.
â?¢ The person must park or stop their vehicle as far to the right-hand side of the road as possible.
â?¢ If the person who discharges a firearm is more than 50 yards from the vehicle, the doors on the side of
the vehicle nearest the roadway must be closed, but the engine may remain running.
â?¢ If the person who discharges a firearm is less than 50 yards from the vehicle, all of the doors of the
vehicle must be closed and the engine shall be turned off.
â?¢ It is NOT legal to shoot small game and waterfowl that takes flight from a public right of way over a
Federal Refuge or Indian Tribal Trust lands. If a State-licensed hunter shoots at a bird across the fence on
either of these lands, the hunter may be subject to arrest by Federal Fish & Wildlife officers.
â?¢ Small game and waterfowl taken from the right of way but falling onto private property can be retrieved by
unarmed hunters on foot.
â?¢ No person may discharge a firearm, muzzleloader, crossbow or bow and arrow at any big game animal,
except turkey to be taken with a shotgun using shot shells or with a bow and arrow, from within the right of
way of an improved public highway.
â?¢ A person may not discharge a firearm or other weapon across or from any Black Hills National Forest
system road.
â?¢ Any person who, while hunting a road right of way, negligently endangers another person, or puts that
person in fear of imminent serious bodily harm, is guilty of a Class 1 misdemeanor.
birdman652001
New member
we're talking about a combine. last row of the field. happend to be in the right time/spot. safe? probably not. illegal, i dont see how the courts could find you guilty of this. as a hunter, i think they would want to enjoy this than to see LOOP holes with such thing when it doesnt clearly state anything about using human blockers when a motorized combine is harvesting for a purpose. i mean the COMBINE isnt ther to flush birds. its harvesting.
IF a TRUCK was chasing birds OUT of a field to the blockers.. well thats a NO Brainer!!
but what im saying, youre using a motorized vehicle and scaring birds up as you go makes a guy stop, and shoot the bird. the dog didnt run 12 miles in the ditch while youre driving your truck next to him and found one for you to shoot and no i didnt say you had blockers while driving a, oh say a 20 mile stretch of road.
Onpoint.. HUH?? why digging stuff like this up? all it state is you have to exit your vehicle to dis charge your firearm. no where does it say anythig about motorized vehicle being used with blockers in place. I bold the only stated about vehicles in your post. which was a pointless post.onpoint said:
combines serving its purpose, harvesting i would assume corn, wasnt it's duty to scare the birds for those hunters that day.
birdman652001
New member
heres one related to DEER hunting about combines scaring out deer while people waited for the deer to come out. no where did he state that it was illegal to do so. this was North Dakota.
birdman652001
New member
your post doesnt make sense because of the use of a combine who the farmer ISNT using it to PUSH the pheasants out on purpose, he was harvesting his corn and pheasants just happened to fly out. NOT ILLEGAL.
Find me where it says about farm machines? EXCLUDING COMBINES and TRACTORS and/or FARM MACHINERIES.
it is ILLEGAL to use highway vehicles to PUSH/FLUSH small games, big games with or without blockers in place.
as YOU stated above, no motorized vehicle can be used to pursue, chase small games big games and so fourth.
which a person whos doing this is doing it for ONE purpose and one purpose ONLY.. CHASING to kill that game.
Combines harvesting isnt out there running over his corn to scare up birds because he wants happy hunters to get their limit. WRONG.
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moellermd
Super Moderator
Why would I be standing in the headlands waiting for the combine to come to my end? Because it would be chasing the birds towards me. Chasing birds is illegal. The law does not say if the vehicle doing the chasing is engaging in an otherwise normal practice it is OK if it chases game towards a hunter. It says you can't use it period to chase game.
birdman652001
New member
the OP wants to know if it was the descrestion of a warden to fine them for shooting birds from a harvesting machine who clearly wasnt chasing the birds FOR the hunters.
you were throwing the post out of regulations while i was explaining. you did care.
no one plans to use combines. just happened.
I still think the warden over justified his decision.
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