Hunting the public ROW - Thoughts?

Actually, the rules are crystal clear...no grey area.
Haven't looked at the rules recently but what if the pheasant flushes over the right of way but you don't shoot until its over private? Legal? I'd say yes but two years ago people were being ticketed for it I heard. Not debating you just curious. I got in a "debate" with a person over this in NE SD a couple years ago and haven't road hunted since. I may have let him win but It left a bad taste in my mouth and .......
 
I just consulted the regs re: road hunting…looks to me the two times you cannot shoot over the adjacent land is if it’s a federal refuge or tribal lands…I could be wrong, may have missed something. Page 65 of the hunting regs.
 
Haven't looked at the rules recently but what if the pheasant flushes over the right of way but you don't shoot until its over private? Legal? I'd say yes but two years ago people were being ticketed for it I heard. Not debating you just curious. I got in a "debate" with a person over this in NE SD a couple years ago and haven't road hunted since. I may have let him win but It left a bad taste in my mouth and .......
100% legal to shoot at a bird that is over private, if it originated in the ROW. Been a while since I've looked at the regs, so I just read over them again. The regs state that game must originate in the ROW, or be flying over the ROW.....so a bird that flushes from private is fair game if it flies over the ROW. Doesn't happen a lot, but I do remember shooting a rooster that did that a few years ago.
 
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