Hunting by a combine illegal in SD???

[captaincoot]

Alright Birdman I'm a little mad at you about your fishing pic awhile back there was room in that boat for me I'll call SD tomorrow and find out the answer.
Do I think the rule needs to be changed YES. Do I hunt this way on occassion. I get a bigger kick out of it when others ask and I let them post up. Lets face it hunting pheasants getting harder in IA not because people hunt along side combines, but because habitat is being lost I would hunt along side a dog any day over the combine.

 

[birdman652001]

Alright Birdman I'm a little mad at you about your fishing pic awhile back there was room in that boat for me I'll call SD tomorrow and find out the answer.

there was plenty of room, you just didnt ask. when youre in Pierre, sd, let me know and i'll show you some points to fish.

 

[OldHunter]

Well this has certainly been fun reading, guess I stirred up a hornet's nest. I need to clarify a couple of assumptions some posters have made on this subject, and then give some of my observations and assumptions.

First off I will state the party that was shooting by the combine the second day was also in the field we were hunting the first day. When the Fed showed up they took off and the warden was very curious about who they were and why they left in such a hurry and if we knew them. We didn't know them but they did have permission to be in the field from the owner as we did. They actually had been walking other corn rows in the same field and would have been by the combine but we were already there so while they were in the vicinity they weren't by us. The landowner told them what the warden said but they returned to the field the next day and basically did what we did and were hunting by the combine on the end of the rows.

I had forgotten but the reason the two wardens approached the hunters the second day is because one of them had shot at a hen and it flew several hundred yards and dropped by the wardens truck. The wardens had been watching the hunters and observed one of them shoot at the hen. It turned out to be the fella who had the outstanding warrant for the unpaid trespassing fine and that is why they cuffed him and took him to town. I don't know if they warned the group about hunting by the combine but I was told that nobody got a ticket for that even though they were doing what we had done the day before and the warden recognized their vehicle from the day before.

Some folks have mentioned that is is unethical to shoot birds chased up by the combine while others feel it is ok. Personally I don't care to do it but I did it once(then) but won't do it again. not because I think it is terribly wrong legal or not, but I too would rather hunt behind my dogs.

How many of those same folks who think it is unethical would stop and chase up a bird they saw cross the road to hide in a patch of grass in the ditch. Or say they were driving on the road, flushed out a group of birds and they landed in the ditch ahead or in a field they had permission to hunt. The first instance in SD is legal in some instances, while I guess the second would not be? But ethical?? Hey I used to do it, but that bird gets a pass from me today because personally I feel it isn't fair chase. Heck, I don't even like to hunt with more than 3 guys, because I feel it is unfair, but I won't condemn anyone for doing it.

Lastly I guess we still don't know if it is legal or not and just because a Fed said it was illegal doesn't necessarily make it so. I used to work for our game commission here in Nebraska and I will say a lot of wardens in my experience don't always know all of the laws and how to interpret them, but I will say that when a Fed Warden stops you for a violation, you probably will get a ticket 99% of the time. My GUESS is that he didn't know for sure, or he WOULD have ticketed us. If he gave us a break then I would be very grateful, and we did thank him for that right or wrong. I guess I'm still curious though.

 

[birdman652001]

Well this has certainly been fun reading, guess I stirred up a hornet's nest. I need to clarify a couple of assumptions some posters have made on this subject, and then give some of my observations and assumptions.


First off I will state the party that was shooting by the combine the second day was also in the field we were hunting the first day. When the Fed showed up they took off and the warden was very curious about who they were and why they left in such a hurry and if we knew them. We didn't know them but they did have permission to be in the field from the owner as we did. They actually had been walking other corn rows in the same field and would have been by the combine but we were already there so while they were in the vicinity they weren't by us. The landowner told them what the warden said but they returned to the field the next day and basically did what we did and were hunting by the combine on the end of the rows.

thanks for clarifying things for us.

I had forgotten but the reason the two wardens approached the hunters the second day is because one of them had shot at a hen and it flew several hundred yards and dropped by the wardens truck. The wardens had been watching the hunters and observed one of them shoot at the hen. It turned out to be the fella who had the outstanding warrant for the unpaid trespassing fine and that is why they cuffed him and took him to town. I don't know if they warned the group about hunting by the combine but I was told that nobody got a ticket for that even though they were doing what we had done the day before and the warden recognized their vehicle from the day before.

shooting a hen would definately get a warden antsy... i think everyone would agree here on this.

Some folks have mentioned that is is unethical to shoot birds chased up by the combine while others feel it is ok. Personally I don't care to do it but I did it once(then) but won't do it again. not because I think it is terribly wrong legal or not, but I too would rather hunt behind my dogs.

How many of those same folks who think it is unethical would stop and chase up a bird they saw cross the road to hide in a patch of grass in the ditch. Or say they were driving on the road, flushed out a group of birds and they landed in the ditch ahead or in a field they had permission to hunt. The first instance in SD is legal in some instances, while I guess the second would not be? But ethical?? Hey I used to do it, but that bird gets a pass from me today because personally I feel it isn't fair chase. Heck, I don't even like to hunt with more than 3 guys, because I feel it is unfair, but I won't condemn anyone for doing it.

it takes alot of fun out of hunting if youre gonna chase. i see people chasing to get the game and get out before they get caught.

Lastly I guess we still don't know if it is legal or not and just because a Fed said it was illegal doesn't necessarily make it so. I used to work for our game commission here in Nebraska and I will say a lot of wardens in my experience don't always know all of the laws and how to interpret them, but I will say that when a Fed Warden stops you for a violation, you probably will get a ticket 99% of the time. My GUESS is that he didn't know for sure, or he WOULD have ticketed us. If he gave us a break then I would be very grateful, and we did thank him for that right or wrong. I guess I'm still curious though.

thank you...

well that clears things. first the title of this thread was about hunting by a combine illegal. had us all riled up for this? have a beer. lets all un wind.

its apparent this warden didnt know the full extend of the law or HOW to apply it. i know some short tempered state motor carriers that wont hesitate to give you a ticket just for ONE parking light burnt out. sadly, but true, and there are agencies that love these kind of people. we had a female officer in my last dept i worked for would harrass people on a daily basis and then find a reason to arrest them... most of her arrest were disorderly conduct... i wondered what ticked those people off to land in jail for no other charges.

needless to say, she was fired.

 

[FCSpringer]

I JUST CALLED THE GAME WARDEN IT IS 100% LEGAL IN THE STATE OF IOWA2 SHOT,POST, FOLLOW BY COMBINE:10sign: She said you can even ride the combine and shoot them if on private property She is a hard core by the book warden so she knows what she's talking about. Poeple take Spence advice and call:thumbsup:

I know who your talking about and if you were doing something wrong she would ticket you. I do find it hard to believe she is right about shooting while riding on a combine. God I can just picture you Iweegins now.LOL
:cheers: If you shoot from a moving combine you might be a red neck.

I must say although not very sporting, It would probably be alot of guilty fun. But I like the good ole dog work anyway. So no John Deer carnival rides for me.

 

[The Judge]

Yes, this is a very gray area. In todays world of black and white... I would throw it out of court, and tell the Fed. Warden to either re-write the law that specifically includes farm equipment, or find something more positive and productive with his time.

If this happened a few years ago, this will explain everything.

http://www.rapidcityjournal.com/new...cle_9aa4f1e5-3f28-5f62-a61f-2ed7ef4ef4b8.html

Here's the final results.

http://www.prairiestateoutdoors.com/index.php?/pso/article/agent_who_sparked_ire_in_sd_moves_to_neb/

 

[skidmark]

Yes, this is a very gray area. In todays world of black and white... I would throw it out of court, and tell the Fed. Warden to either re-write the law that specifically includes farm equipment, or find something more positive and productive with his time.

++1 Most federal wardens usually ride around with agenda's....JMO

 

[captaincoot]

You SD people are friendly. Haven't got the answer yet first guy thought you could but might be a distance. No riden on combine thats a no brainer. Gave me number to the head man hope he calls me back

 

[kansasbrittany]

I've never ridden on a combine and shot them, but I'll admit openly I've sat at the end of the last 2 passes and shot them while they were coming out. We did that on a couple of rows and had a good time doing it. I shot 2 in that fashion (though we saw many more) and the field was done being cut. Once the combine left the field, we got the dogs out of the truck and shot the remainder (and majority) of our limit over pointing dogs. I believe the group took 8 while hunting illegally, then took the other 16 behind the dogs. The pheasants just didn't want to leave that fresh cut milo field and they sat very tight.

Having done this before I must say it isn't very sporting. I don't feel like a bad person for doing it and didn't enjoy it enough to try it again. HOWEVER, if you ever have the opportunity to hunt a freshly cut milo field right after the machinery has left the field, I think you'll enjoy it a great deal.

 

[moellermd]

From the DNR

Well here is what the state DNR had to say about our discussions. It would appear that combine doing normal harvest operations you would be ok to hunt at the endrows, however it is open to intrepritation of the game warden. As far as shooting from the combine/tractor or using to hunt with that is a no go. They are considered a motor vehicle.

If any would would like a fowarded copy of the email PM me and I will forward it.




Mike,

Thanks for contacting us with your questions. Some of you questions are difficult to answer over Email as there are some additional factors to consider and no two scenarios are exactly alike. In general, just think of a combine or tractor no differently than a pickup. If you cannot do something from or with a pickup, then you cannot do it with a combine or tractor.

Please see below for some general answers to your questions. If you have a specific activity you would like to discuss, please give me a call.

If you do not reach me, please provide me a number and I will return your call.
Bruce Nachtigall
South Dakota Game, Fish and Parks
Law Enforcement Specialist
4725 Jackson Blvd.
Rapid City, SD 57702-9463
Office: (605) 394-6021
Cell: (605) 391-6025
Fax: (605) 394-1760
bruce.nachtigall@state.sd.us

-----Original Message-----
From:
Sent: Thursday, October 28, 2010 8:12 PM
To: GFP Wild Info
Subject: law clarification



Sir

I was hoping to get clarification on a couple of game laws. There seems to being some differing opinions on the web about these issues.

1. Can a pheasant hunter stand at the end of corn rows as it is being combined in order to shoot pheasants it scares up? I am going to assume you are doing this on the property with the permission of the landowner. We have allowed this so long as it is part of the normal harvesting process, however the rule could be interpreted to restrict this activity in certain situations. Officers would likely look at each situation to determine the intent of the activity. I think most would see that there is a difference between an operator that only harvest a few rows at a time or a day with the specific intent on shooting pheasants vs. someone who is out harvesting a whole field that has some hunters standing nearby shooting pheasants as they randomly fly from the corn. Another situation that officers might have to address would be road hunters in a ditch who discharge weapons recklessly in the right of way while pheasants are flushing from a field being harvested.
41:06:04:01. Disturbing wildlife prohibited. A person may not scare, chase, harass, disperse, rally, or disturb wildlife by any means other than by legal hunting methods used in the ordinary course of hunting.

41:06:04:06. Use of motor vehicles to disturb game prohibited. In addition to the provisions of § 41:06:04:01, a person may not use a motor vehicle to scare, harass, disperse, rally, drive, chase, intercept, pursue or disturb in any manner big game, small game, or migratory waterfowl.

2. Is it legal for a farmer on his own land to shoot a deer from his combine/tractor? No, a tractor or combine would be considered a motor vehicle for purpose of our law on shooting from motor vehicles. It would be illegal to discharge a firearm or bow and arrow at any wild animals except coyotes, jackrabbits, rodents, skunks, badgers, raccoons, and foxes from a combine/tractor. There are some major safety issues to consider here and I would discourage anyone from shooting at anything from a running combine or tractor. Even through it would be legal, in my opinion, it is not worth the risk of life and limb to shoot a coyote or fox from a combine or tractor.
41-8-37. Hunting from motor vehicle prohibited--Exceptions--Promulgation of rules--Misdemeanor. No person, who is in or on a motor vehicle, may discharge a firearm or bow and arrow at any wild animals except coyotes, jackrabbits, rodents, skunks, badgers, raccoons, and foxes.

Licensed hunters who are paraplegics or otherwise physically unable to walk with or without crutches, braces, or other mechanical support or who are otherwise considered to be limited or impaired in their ability to walk, and who have been issued a disabled hunter permit by the department, may shoot in fields, woods, or from public roads from a stationary motor vehicle while hunting game animals or game birds in accordance with the conditions of the permit and rules promulgated by the Game, Fish and Parks Commission. The commission shall promulgate rules pursuant to chapter 1-26 to establish the definition of disabled hunter; the eligibility criteria, application, and approval procedures for issuance of a disabled hunter permit; the duration of a permit; and the extent of the permitted shooting activities.

3. For purposes of chasing, dispersing, scarring wildlife is farm equipment considered a motor vehicle. Yes, farm equipment is considered a motor vehicle if it is used with the intent to chase, disperse or scaring WL. While every rule is open to some interpretation, most officers would not normally consider using a combine to harvest grain as a prohibited activity without some additional factors involved. For example, if someone drove a combine or tractor with the specific intent to drive or intercept a deer, it would be no different that using a pickup or ATV for the same activity. However is a hunter in or near near a corn field where a combine is harvesting and a deer or pheasant happens to come out of the corn and runs by the hunter, it would be difficult to determine that the deer was driven or chased by the combine operator. Our rules on motor vehicles are not intended to limit legitimate activities of anyone driving down the road or operating a farm/ranch, however our rules are in place to protect our wildlife from those that want to take an unfair advantage when hunting.
41:06:04:06. Use of motor vehicles to disturb game prohibited. In addition to the provisions of § 41:06:04:01, a person may not use a motor vehicle to scare, harass, disperse, rally, drive, chase, intercept, pursue or disturb in any manner big game, small game, or migratory waterfowl.

Thanks for your time

Mike

 

[JMBZ71]

Mike,

Thanks for contacting us with your questions. Some of you questions are difficult to answer over Email as there are some additional factors to consider and no two scenarios are exactly alike. In general, just think of a combine or tractor no differently than a pickup. If you cannot do something from or with a pickup, then you cannot do it with a combine or tractor.

Bruce Nachtigall
South Dakota Game, Fish and Parks
Law Enforcement Specialist
4725 Jackson Blvd.
Rapid City, SD 57702-9463
Office: (605) 394-6021
Cell: (605) 391-6025
Fax: (605) 394-1760
bruce.nachtigall@state.sd.us

I agree with Bruce's assessment. A motor vehicle is a motor vehicle. Doesn't matter if it's a truck, tractor, combine or ATV.

 

[birdman652001]

I will BOLD what i see that didnt justify the warden's to state the combine was used in to use to chase birds out.

read carefully... please READ carefully. i think some of you just read that he agrees that the combine is a motorized vehicle.. HOWEVER he points out in his assetments HOW a warden can apply such law... read and learn.

Well here is what the state DNR had to say about our discussions. It would appear that combine doing normal harvest operations you would be ok to hunt at the endrows, however it is open to intrepritation of the game warden. As far as shooting from the combine/tractor or using to hunt with that is a no go. They are considered a motor vehicle.

If any would would like a fowarded copy of the email PM me and I will forward it.




Mike,

Thanks for contacting us with your questions. Some of you questions are difficult to answer over Email as there are some additional factors to consider and no two scenarios are exactly alike. In general, just think of a combine or tractor no differently than a pickup. If you cannot do something from or with a pickup, then you cannot do it with a combine or tractor.

Please see below for some general answers to your questions. If you have a specific activity you would like to discuss, please give me a call.

If you do not reach me, please provide me a number and I will return your call.
Bruce Nachtigall
South Dakota Game, Fish and Parks
Law Enforcement Specialist
4725 Jackson Blvd.
Rapid City, SD 57702-9463
Office: (605) 394-6021
Cell: (605) 391-6025
Fax: (605) 394-1760
bruce.nachtigall@state.sd.us

-----Original Message-----
From:
Sent: Thursday, October 28, 2010 8:12 PM
To: GFP Wild Info
Subject: law clarification



Sir

I was hoping to get clarification on a couple of game laws. There seems to being some differing opinions on the web about these issues.

1. Can a pheasant hunter stand at the end of corn rows as it is being combined in order to shoot pheasants it scares up? I am going to assume you are doing this on the property with the permission of the landowner. We have allowed this so long as it is part of the normal harvesting process, however the rule could be interpreted to restrict this activity in certain situations. Officers would likely look at each situation to determine the intent of the activity. I think most would see that there is a difference between an operator that only harvest a few rows at a time or a day with the specific intent on shooting pheasants vs. someone who is out harvesting a whole field that has some hunters standing nearby shooting pheasants as they randomly fly from the corn. Another situation that officers might have to address would be road hunters in a ditch who discharge weapons recklessly in the right of way while pheasants are flushing from a field being harvested.
41:06:04:01. Disturbing wildlife prohibited. A person may not scare, chase, harass, disperse, rally, or disturb wildlife by any means other than by legal hunting methods used in the ordinary course of hunting.

41:06:04:06. Use of motor vehicles to disturb game prohibited. In addition to the provisions of § 41:06:04:01, a person may not use a motor vehicle to scare, harass, disperse, rally, drive, chase, intercept, pursue or disturb in any manner big game, small game, or migratory waterfowl.

like i stated in my numerous post.... the warden would have to prove that the farmer intention to USE the combine to obstuct Wild Life instead of harvesting his field to gain hunter's advantage. (every crime i see, i have to have a GOOD and i mean a DAMN GOOD case to present in court... in this original poster's thread, theres not enough to pursue the motorized vehicle was used to chase pheasants in this case, hence why the warden didnt fine or arrest such incident)

2. Is it legal for a farmer on his own land to shoot a deer from his combine/tractor? No, a tractor or combine would be considered a motor vehicle for purpose of our law on shooting from motor vehicles. It would be illegal to discharge a firearm or bow and arrow at any wild animals except coyotes, jackrabbits, rodents, skunks, badgers, raccoons, and foxes from a combine/tractor. There are some major safety issues to consider here and I would discourage anyone from shooting at anything from a running combine or tractor. Even through it would be legal, in my opinion, it is not worth the risk of life and limb to shoot a coyote or fox from a combine or tractor.
41-8-37. Hunting from motor vehicle prohibited--Exceptions--Promulgation of rules--Misdemeanor. No person, who is in or on a motor vehicle, may discharge a firearm or bow and arrow at any wild animals except coyotes, jackrabbits, rodents, skunks, badgers, raccoons, and foxes.

Licensed hunters who are paraplegics or otherwise physically unable to walk with or without crutches, braces, or other mechanical support or who are otherwise considered to be limited or impaired in their ability to walk, and who have been issued a disabled hunter permit by the department, may shoot in fields, woods, or from public roads from a stationary motor vehicle while hunting game animals or game birds in accordance with the conditions of the permit and rules promulgated by the Game, Fish and Parks Commission. The commission shall promulgate rules pursuant to chapter 1-26 to establish the definition of disabled hunter; the eligibility criteria, application, and approval procedures for issuance of a disabled hunter permit; the duration of a permit; and the extent of the permitted shooting activities.

you win this one. using a farm equipment to chase such animal. i will have to change my opinion to yes its illegal. ive heard and see farmers do this.

3. For purposes of chasing, dispersing, scarring wildlife is farm equipment considered a motor vehicle. Yes, farm equipment is considered a motor vehicle if it is used with the intent to chase, disperse or scaring WL. While every rule is open to some interpretation, most officers would not normally consider using a combine to harvest grain as a prohibited activity without some additional factors involved. For example, if someone drove a combine or tractor with the specific intent to drive or intercept a deer, it would be no different that using a pickup or ATV for the same activity. However is a hunter in or near near a corn field where a combine is harvesting and a deer or pheasant happens to come out of the corn and runs by the hunter, it would be difficult to determine that the deer was driven or chased by the combine operator. Our rules on motor vehicles are not intended to limit legitimate activities of anyone driving down the road or operating a farm/ranch, however our rules are in place to protect our wildlife from those that want to take an unfair advantage when hunting.
41:06:04:06. Use of motor vehicles to disturb game prohibited. In addition to the provisions of § 41:06:04:01, a person may not use a motor vehicle to scare, harass, disperse, rally, drive, chase, intercept, pursue or disturb in any manner big game, small game, or migratory waterfowl.

Thanks for your time

Mike

again, like i said numerous times, the warden would have to prove this farmer was intended to use his farm equipment to chase/flush out birds or any Wild Life animal to gain interest of hunting.

so in this case to the original poster, its not illegal bc the farmer did NOT use his combine to flush out birds, which in result, the warden did NOT give a citation for this matter, Why did he not? there was NO physical proof the farmer's intention was to scare the birds for hunters to shoot. just like i stated numerous times, hunters happened to be there at the right time right place. thats all i can say.

I agree with Bruce's assessment. A motor vehicle is a motor vehicle. Doesn't matter if it's a truck, tractor, combine or ATV.

wanna read the bold print i pointed out? doesnt matter if its a tractor, or combine.. yes it does.. the warden has to find probable cause that the farmer used his tractor OR combine to HUNT wild life or used in the act. harvesting his corn is not an act to scare wild life for hunter's advantage..

put your reading glasses and READ the bold i inserted above quote.

 

[oldandnew]

Spare me the law school creative defense excercise

I have read the BOLD print. I'm not a Philadelphia lawyer, so the intricant weasleing, parsing, and techincal case building pitter patter bile, doesn't interest me in the least. I will tell you what I know about law from the perspective of a person who works within the confines of the U.S. section 18 rules regarding banks and financial institutions, and as a life long ethical, notice I didn't say legal, hunter, because obviously they are not the same. The laws in both hunting and banking are written with the " appearance of guilt", being the sole determining factor required to file a charge. If you walk out of marsh at dark, and a game warden heard shooting in that marsh after legal hours, you are going to get a citation 9 times out of 10. Bear in mind that warden did not see you shoot. There were others in a large area, but he's got you, can't get everybody. Same thing if you walk out with 1 bird over your limit because your dog scrounged up a cripple on the way out with your limit. You are "apparently " guilty in both cases. Can you beat the wrap? maybe, but your still going to get a citation and have to fight it out in a swearing contest, with the badge holders and I warn you the burden of proof is all on you. The government has a lot of credibility with the jurors, who assume that if you got arrested, you did it. So as a practice, I would classify shooting over a combine, high risk. Is it legal? maybe, Is it right? I can't believe it's even debatable. So please spare me the night class, juco, introduction to law 101, Johnny Cochrane defense. If you want a bird that bad, raise it in a pen, shoot it on the ground, or choke it, to suit yourself, strap it on your hood, drive around town, write imaginery blogs on sites like this to prove to us what great sports you are, along with your powerful legal mind. Or simply acknowledge that legal, and right/ethical are not the same. If we all act only because of legal or illegal, instead of ethical and unethical, we don't get to be called sportsmen, maybe hunter gatherers.

 

[hunter94]

"If you walk out of marsh at dark, and a game warden heard shooting in that marsh after legal hours, you are going to get a citation 9 times out of 10. Bear in mind that warden did not see you shoot."

that my friend is a helluva stretch....i don't care if you are an attorney.
remotely circumstantial evidence in this case is worthless...

 

[birdman652001]

"If you walk out of marsh at dark, and a game warden heard shooting in that marsh after legal hours, you are going to get a citation 9 times out of 10. Bear in mind that warden did not see you shoot."

that my friend is a helluva stretch....i don't care if you are an attorney.
remotely circumstantial evidence in this case is worthless...

agreed.


if i was dispatched to a fight in progress, and 1 person is lying on the ground while 15 people scatter when i arrived. no witnesses, who did it? do i just chase one person and then say hes the one that did it? i can tell you EVEN the attorney that represents the police department would drop this case due to insuffient evidence of arrest.

Spare me the law school creative defense excercise

seriously oldandnew? thats your debate of no matter what government official it is, i have the right to point one person and the jury will find you guilty no matter what? who died and made you this smart?


can we seriously close this thread? its getting ridiculous with un-needed comments blurting out with no common sense.

 

[The Judge]

"If you walk out of marsh at dark, and a game warden heard shooting in that marsh after legal hours, you are going to get a citation 9 times out of 10. Bear in mind that warden did not see you shoot."

that my friend is a helluva stretch....i don't care if you are an attorney.
remotely circumstantial evidence in this case is worthless...

You are correct.

Three friends were going to hunt one side of a private slough that was being hunted by another group on the other side with a different landowner. They were preparing waders ext. and almost ready to enter the slough when they heard shooting from a different slough a mile south of them. Keep in mind the the slough they were hunting had geese on it. When the shots were fired the geese spooked and left about 5 min. early from legal shooting hours.

Long story short... the guys on the other side who had words with my friends a week earlier for attempting to "hunt their slough" ran my friends off with a unfriendly verbal assault.

Anyway they called the gfp. and said my friends were the ones doing the early shooting. The warden showed up and searched the area found no evidence it was true, and couldn't find a fresh empty casing and let them go. The complaining party pushed it and after 3 visits with the warden they were issued citations for shooting before the legal time.

They hired an atty. went to court and the Judge threw the case out, but not before chewing the warden out for a very weak case.

I know the warden well and he was totally embarrassed over his mistake. He apologized up and down to my friends for being over zealous.

It was a lesson to him for sure, and he may be one of the finest wardens in S.D. today because of it.

 

[JMBZ71]

Mike,

Our rules on motor vehicles are not intended to limit legitimate activities of anyone driving down the road or operating a farm/ranch, however our rules are in place to protect our wildlife from those that want to take an unfair advantage when hunting.

Bruce Nachtigall
South Dakota Game, Fish and Parks
Law Enforcement Specialist

Ethics: I think it's up to each hunter to decide for himself whether this practice constitutes an "unfair advantage" or not.

I am going to assume you are doing this on the property with the permission of the landowner. We have allowed this so long as it is part of the normal harvesting process, however the rule could be interpreted to restrict this activity in certain situations. Officers would likely look at each situation to determine the intent of the activity. I think most would see that there is a difference between an operator that only harvest a few rows at a time or a day with the specific intent on shooting pheasants vs. someone who is out harvesting a whole field that has some hunters standing nearby shooting pheasants as they randomly fly from the corn.

Bruce Nachtigall
South Dakota Game, Fish and Parks
Law Enforcement Specialist

Legality: It appears that this is NOT an illegal practice so long as it's done during the normal harvesting process and does not appear to be a blatant case of using a combine to merely flush birds to waiting shooters.

Good information Mike. Thanks.

 

[birdman652001]

Ethics: I think it's up to each hunter to decide for himself whether this practice constitutes an "unfair advantage" or not.



Legality: It appears that this is NOT an illegal practice so long as it's done during the normal harvesting process and does not appear to be a blatant case of using a combine to merely flush birds to waiting shooters.

Good information Mike. Thanks.

Correct. like i said numerous times, the warden has to find solid proof that the combine or tractor was used in the act of chasing the birds to gain hunter's advantage to shoot. in this case, it wasnt.

what made the Federal Warden say its illegal? we wont know, because it isnt illegal unless it was used in an act of hunting purpose. which in this case it wasnt.

 

[birdman652001]

You are correct.

Three friends were going to hunt one side of a private slough that was being hunted by another group on the other side with a different landowner. They were preparing waders ext. and almost ready to enter the slough when they heard shooting from a different slough a mile south of them. Keep in mind the the slough they were hunting had geese on it. When the shots were fired the geese spooked and left about 5 min. early from legal shooting hours.

Long story short... the guys on the other side who had words with my friends a week earlier for attempting to "hunt their slough" ran my friends off with a unfriendly verbal assault.

Anyway they called the gfp. and said my friends were the ones doing the early shooting. The warden showed up and searched the area found no evidence it was true, and couldn't find a fresh empty casing and let them go. The complaining party pushed it and after 3 visits with the warden they were issued citations for shooting before the legal time.

They hired an atty. went to court and the Judge threw the case out, but not before chewing the warden out for a very weak case.

I know the warden well and he was totally embarrassed over his mistake. He apologized up and down to my friends for being over zealous.

It was a lesson to him for sure, and he may be one of the finest wardens in S.D. today because of it.

if you were to become a police officer or even GF&P warden, you all go through 16 weeks of training, search and seizure teaches you all this and find everything they want to present in court beyond reasonable doubt this person commited this crime.


when i went to the Law Enforcement Training Center, we had 3 GF&P in my class. they are trained the same thing every week as i am trained.


first question in traffic week was, can a GF&P warden pull you over for speeding? yes they can.

 

[labsnslabs]

I might be wrong on this but I believe conservation officers in Kansas have state wide jurisdiction. And they will write you for a speeding ticket, I have a friend that will attest to that.