Hunting by a combine illegal in SD???

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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?

C-mon Oldhunter. The warden already told you it was illegal and now you want a second opinion from guys on a forum?

Let me ask you this: What part of it is hunting and what part of it is fair chase?
 
In Iowa they do it right next to the warden HQ. You think they would come out and say something if it was Illegal. Whats wrong with it the farmer has to finish the field. The birds won't run out the end if you walk it first. Maybe there should be no road hunting. Write a book guys tell us all the right way to hunt stuff I'd hate not to be called a good hunter. I'm sure all you midwest shotgun deer hunters walk for your deer. Never keep them moving with vehciles I'm just seeing things right. As for waterfowl whats a mojo is that fair.
 
I still think the warden over justified his decision.

His decision being not to give anyone tickets, except for the jackass with the tresspassing warant... Seems to me maybe the law is a little blurry, maybe he was on the Hunters side of that blurry and decided he didn't want to deal with all the paperwork that would have went with it.

Honestly this issue would never come up for me, so I'm not to concerned. I don't hunt any feed fields until they are cut anyway. I could see how this could be an issue for someone hunting who may have friends/family etc harvesting the field. So it does pose a good question.

How about someone make a phone call to a game warden and see what his answer is?? Pretty simple solution to me.... I'm more of a fan of hunting behind a dog. lol

Good entertainment though.
 
His decision being not to give anyone tickets, except for the jackass with the tresspassing warant... Seems to me maybe the law is a little blurry, maybe he was on the Hunters side of that blurry and decided he didn't want to deal with all the paperwork that would have went with it.

Honestly this issue would never come up for me, so I'm not to concerned. I don't hunt any feed fields until they are cut anyway. I could see how this could be an issue for someone hunting who may have friends/family etc harvesting the field. So it does pose a good question.

How about someone make a phone call to a game warden and see what his answer is?? Pretty simple solution to me.... I'm more of a fan of hunting behind a dog. lol

Good entertainment though.

Make a phone call would be a good solution:thumbsup: For all I know it could be illegal here. I agree dog is the best:thumbsup: But i've seen it done a thousand times and no one ever says anything. I do it I hope I'm not bad It's hard to pass down when you've been locked in a combine for weeks and can't hunt I guess the right way. I've made a ton of city hunters happy for letting them hunt that way so is it all that bad.
 
This is only my opinion now. But I bellive it gives unfair chase to the pheasant. If this is the last row of corn he has to harvest. Either let him finish and see where the birds go and go after them there. Or ask the farmer if he can wait and you guys post and push that last row. I have see pheasants go from corn row to corn row as a farmer gets close to fininshing the field. So that last row is going to be full of pheasants. If he is willing to wait while you walk his last row this should take care of all legal problems.
 
I'm with birdman and captaincoot on this one. The combine is not used to "chase" anything other than corn stalks.
As far as the farmer that has been sitting in a combine all day every day for a week or two, i don't think asking him to stop so you can walk a strip of corn is a realistic idea. They just want to get off the tractor and probably aren't too concerned about the pheasants.

I have never done it, but I see no problem in the original post. my opinion.
 
Write a book guys tell us all the right way to hunt stuff I'd hate not to be called a good hunter.

They already have a book, it is called the hunting handbook in most states. It outlines what is legal and what is illegal.
 
. The combine is not used to "chase" anything other than corn stalks.
As far as the farmer that has been sitting in a combine all day every day for a week or two, i don't think asking him to stop so you can walk a strip of corn is a realistic idea. They just want to get off the tractor and probably aren't too concerned about the pheasants.

I have never done it, but I see no problem in the original post. my opinion.

Yes it is only being used to harvest corn. But it is pushing the birds also. Even though that is not what it is made for. They see it as a threat. If they did not it see it that way they would sit there and let it pass over them and move after that.

As for the farmer. I understand him wanting to get off the combine and all. But this is his last row in the field it sounds like so he will be moving on to another field. Just wait him out and chase them after they fly out of the row. If the people were given a fine for it every one here would be thanking them for the heads up that it was illeagle. Not every Federal Warden is going to be as nice and just give warnings
 
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I'm with birdman and captaincoot on this one. The combine is not used to "chase" anything other than corn stalks.
As far as the farmer that has been sitting in a combine all day every day for a week or two, i don't think asking him to stop so you can walk a strip of corn is a realistic idea. They just want to get off the tractor and probably aren't too concerned about the pheasants.

I have never done it, but I see no problem in the original post. my opinion.
I have no problem with it one way or the other but I do find it useful to know that a warden may warn you or even fine you for it.

I think a lot depends on the situation. There's a big difference between hunting CRP that runs parallel to a field of corn that's being harvested and actually following alongside a combine IN the cornfield that's being harvested or posting blockers flanking that cornfield. I suspect the warden would only find the latter to be unfair chase.
 
I have no problem with it one way or the other but I do find it useful to know that a warden may warn you or even fine you for it.

I think a lot depends on the situation. There's a big difference between hunting CRP that runs parallel to a field of corn that's being harvested and actually following alongside a combine IN the cornfield that's being harvested or posting blockers flanking that cornfield. I suspect the warden would only find the latter to be unfair chase.


I agree with you.
 
What if I am road hunting and see them harvesting. So I stop and park my rig to the far right side of the road. I turn the engine off and shut all the doors. I walk 50 feet away from the rig. At the same time the field on one side of the road is being combined and pheasants are pouring out over the road. I then set up shop and shoot them as they pass over the road.

Illegal? Nope. Ethical? Questionable. Fun? Yes. Have I done it? No.
 
They already have a book, it is called the hunting handbook in most states. It outlines what is legal and what is illegal.

so make a damn phone call and ask.... arguing here isn't going to get you a black and white answer.
 
so make a damn phone call and ask.... arguing here isn't going to get you a black and white answer.

If you read all the posts you would see that two game wardens have already said it is illegal. We are simply discussing the merits of that interpretation. Maybe you would like to constructively participate in that discussion.
 
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Morally challenged?

Judging from the posts here, You will all love the counting birds in your limit post, which has degenerated into the righteousness of "party hunting". Party hunting, as in you personally, shooting potentially all the birds in a group of 10 hunters daily bag limit. While being specifically illegal, except for a handful of states, is being vigorously defended. Many years ago a group of "hunters" from Chicago, frustrated by the fact that pheasants were hiding in a standing cornfield, surrounded said corn field and set it ablaze to encourage them to fly and expose themselves to the shooters. Combines, vehicular chase, fire, ground sluicing, shooting after dark? spring hunting? what's next. Once we cross the line, where do you stop? Enjoy.
 
If you read all the posts you would see that two game wardens have already said it is illegal. We are simply discussing the merits of that interpretation. Maybe you would like to constructively participate in that discussion.

Nope sorry bud, I've read the whole post.

Two game wardens said it was illegal but ticketed nobody.... seem wierd??

Maybe it seems like it could be illegal due to the wording of the law, but it also seems due to that wording that its not.

If you're really that concerned about it, maybe YOU should call the game warden, dept of fish and wildlife, etc... whoever you may feel has this answer and get all the facts strait.

I honestly couldn't even give two shakes a care in this matter.... Because I won't say that I'll ever take part in something like that. Not because I think it's wrong, but just because I'd rather pheasant hunt in another way, as far as i'm concerned thats shooting not hunting...

So thats how i'll choose to participate in this discussion.
 
Nope sorry bud, I've read the whole post.

Two game wardens said it was illegal but ticketed nobody.... seem wierd??

.

No not wierd at all. Law enforcement officers give warnings all the time. So I see no need to get a third DNR officers opinion.
 
No not wierd at all. Law enforcement officers give warnings all the time. So I see no need to get a third DNR officers opinion.

unless your one of those few that like to do this?? or have done it before? Maybe my comments shouldn't have been directed at you. Maybe they should have went to the ones that are for this practice...

Or possibly my frustration comes from being back and forth on the phone all morning with the Kansas Department or Revenue, and a Bank in Washington state... How hard should it be to renew your damn tags???? lol one of those days.
 
ok not to stir the pot but.... in this situation it is illegal. The Warden said so. Luckily Oldtimer learned and did not do it again.


In another field next to or across the road from some one combining is not illegal. How much of a sport you want to make of pheasant hunting then is a personal choice we are all able to make. I also have never done it and don't plan on doing it no matter how bad of a hunt I am having. To me it is part of the hunting aspect.
 
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