Hunting by a combine illegal in SD???

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labsnslabs said:
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.
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and youre not wrong..


they arent like calling themselves (insert your county name here) County Conservation Officer!


they are (insert your state here) Game Fish and Parks. they are stationed like Troopers are. They can recommend to be placed in a town they want to be if there isnt a conservation officer already stationed there. but usually their superior officer will place them where needed just like state troopers.

yes they have the authority of writing tickets (speeding) and arresting powers. they are on a state salary/wages.


GF&P Warden Jim Padmore (retired) grew up from KS, moved to SD bc of his wife.. and lived and worked in Winner, SD for 34 years and retired. Since then, we've had 4-6 different conservation officers transfered in and out. now we got one, i think his name is Jon something.
 
birdman652001 said:
I will BOLD 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.


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..

.
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This is where your logic is flawed. It isn't the farmer who is breaking the law, it's the hunters. Whether they have any relationship what so ever with the farmer, they're taking advantage of a vehicle to push/harass game to them. Period.

Taking advantage of a combine to scare wild life to your advantage is the crime, not combining the corn. Proving that it was the hunter's intention to use the combine to their advantage would be pretty damn easy.

Case closed.
 
gsp said:
this is where your logic is flawed. It isn't the farmer who is breaking the law, it's the hunters. Whether they have any relationship what so ever with the farmer, they're taking advantage of a vehicle to push/harass game to them. Period.

Taking advantage of a combine to scare wild life to your advantage is the crime, not combining the corn. Proving that it was the hunter's intention to use the combine to their advantage would be pretty damn easy.

Case closed.
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sigh.....



.
 
hunter94 said:
i'll second that..........
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Two years ago I was hunting public land and a combine was working Field next door. Birds were streaming into the public land and I was getting great "POINTS" the combine stopped and asked if I wanted to shoot off the end of there field I told them no thanks , I was haveing to much fun working my pointing dogs. I think they thought I was nuts. If what I was doing was Illegal "two hell with them"
 
wesslpointer said:
Two years ago I was hunting public land and a combine was working Field next door. Birds were streaming into the public land and I was getting great "POINTS" the combine stopped and asked if I wanted to shoot off the end of there field I told them no thanks , I was haveing to much fun working my pointing dogs. I think they thought I was nuts. If what I was doing was Illegal "two hell with them"
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but you werent doing anything illegal. you and the farmer werent joined together to flush out birds with a plan. You just happened to be in the right at the right time...

i think this thread needs to be closed. several quotes and an email said it plain and simple. the CO has to find solid proof that the farmer with the combine had intentions to use the combine to hunt pheasants.. so again, its not illegal if you happened to be in the right place when harvesting is happening.






GSP said:
Case closed.
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yah.. CASE CLOSED.. close this thread.
 
This is getting a lot of conversation.....so I am going to put this in perspective.....If a combine rides around the back of a Hooter's....and you park your truck in the front...and somehow manage to HARVEST a few when they coming running out...is that illegal????
 
Please

Please someone put some pressure on this hemorrage of a thread so it quits it's bleeding!!! Please.
 
Amen, I admit my own guilt in prolonging this agony, and promise to never rise to the bait again! Peace Brothers!
 
Here I will help but a peaceful end to this post.

Anyone caught hunting in the same section as a combine should be banned for life from hunting.
 
I suggest you read this section again....

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.
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no where did it say that if the farmer using a combine had no intention to use the combine to flush out birds for the hunter is deemed illegal. the CO has to prove that the farmer is using his combine to flush out birds, like mike said, 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 . the CO would have to PROVE in court of law that the farmer used it intentionally to flush out birds.


for those who cant read small prints..



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.
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i rest my case. now case closed. everyone now understands (hopefully).

now lets close this pathetic little argument which is giving people mixed understanding here.
 
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Come on guys! I thought we all agreed to go quietly into the sunset on this one. What seems obvious to some, deeply offend others. Nobody is going to change their mind, or their habits. What do we need? Binding arbitration.
 
birdman652001 said:
I suggest you read this section again....



no where did it say that if the farmer using a combine had no intention to use the combine to flush out birds for the hunter is deemed illegal. the CO has to prove that the farmer is using his combine to flush out birds, like mike said, 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 . the CO would have to PROVE in court of law that the farmer used it intentionally to flush out birds.


for those who cant read small prints..


i rest my case. now case closed. everyone now understands (hopefully).

now lets close this pathetic little argument which is giving people mixed understanding here.
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Ha ha Sorry in A court of law you would loose. It is ILLEGAL!! They have chosen not to inforce it. The LAW says nothing of INTENT! Hope its not ILLEGAL to give legal advice. ha ha
 
This was a great post, with great information and has turned towards the ugly side.

I think the problem is with a few of the posts is the tone and sarcasm is little tough to read into. If we were all in front of each other talking and discussing this topic, I think it would be a little more civilized.

I'm closing the thread. If you have a problem, you may contact me, but I think we all get the point here.
 
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