Hunting Waterfowl and Dove on Agriculture Lands in Arkansas

Arkansas has a wealth of ducks and doves, thanks to public support for maintaining and improving wildlife habitat and hunters who abide by hunting rules and regulations. Setting out bait for waterfowl or doves, or even hunting over a baited agricultural field, is not only unsportsmanlike and unethical, it is illegal. Determining what is "baiting" can be a problem if hunters and landowners do not understand federal regulations about baiting migratory game birds.

The Regulations

Hunting migratory game birds, which includes doves, ducks, geese, coots and cranes, in baited areas is illegal. The U.S. Fish and Wildlife Service and the Arkansas Game and Fish Commission are the agencies empowered to enforce regulations about baiting migratory birds. Baiting migratory game birds either by placing bait or directing the placement of bait is a criminal offense with fines up to $100,000 for an individual or $200,000 for an organization and up to a one-year prison term. Hunting over a baited area can result in a fine up to $15,000 and imprisonment for six months.

Both hunters and landowners are responsible for understanding regulations about baiting. A baited area is where "salt, grain or other feed has been placed, exposed, deposited, distributed or scattered" in such a way as to lure or attract waterfowl or doves where hunters are attempting to take them. Current regulations make it unlawful to take or hunt any migratory game bird by the aid of baiting if the person "knows" or "reasonably should know" an area is baited. Even after the bait has been removed, a hunter could be convicted if proven that he or she knew or reasonably should have known that the area was baited within 10 days prior to the hunt. Landowners who established the baited area for hunters can be prosecuted as well.

The presence of any grain or feed, particularly grain or feed that is scattered or piled, should alert a hunter or landowner that the area may be baited. Discarded grains, such as corn affected by aflatoxin or other plant diseases, should be buried or spread and incorporated into the soil. Hunters cannot hunt migratory game birds over disposed grain from storage bins or livestock feeders where grain is piled. Such baits must be removed from the hunting area at least 10 days prior to the hunt. Even after bait removal, an area is considered baited for up to 10 days because waterfowl and doves may continue to return even after the bait has been removed.

Agricultural and Soil Conservation Practices

Some agricultural practices attract wildlife although the producer may not have intended to attract waterfowl or doves for hunting. Practices conducted in a normal agricultural operation include planting, harvesting and post-harvest manipulation for the purpose of producing and gathering a crop or preparing for next season's crop. Manipulation means the alteration of natural vegetation or agricultural crops and residue by activities that include mowing, shredding, discing, rolling, chopping, trampling, flattening, burning or herbicide treatments.

Hunters are allowed to hunt waterfowl and doves in harvested fields if part of a normal agricultural harvest. This includes rice field crop residue that has been flooded, rolled or mowed. What if a field hasn't been harvested? The rules for waterfowl are more strict than for doves. It is legal to hunt ducks and geese if the unharvested cropland has not been mowed, rolled or otherwise manipulated. Dove hunting regulations are more liberal. Dove hunting is considered legal when unharvested fields have been mowed, rolled or manipulated.

Other farm management activities, such as soil stabilization practices, may attract waterfowl or doves to an area. A normal soil stabilization practice means planting for controlling soil erosion for agricultural purposes or post-mining land reclamation. Hunters may legally hunt over areas that are planted as part of a normal soil stabilization practice for agricultural purposes. Factors determining whether a soil stabilization practice is "normal" are slope, aspect and other existing conditions at the site. Use of native plant species is encouraged for stabilizing creek sides and road construction. An added benefit is that hunting over natural vegetation is not considered baiting.

Many normal agricultural operations and soil stabilization practices are not considered baiting. However, any additional effort producers make to attract waterfowl or doves could be a problem. This includes over seeding a field, piling or shoveling grain in a plowed field or other actions that are unreasonable or economically unsound as a farming practice.

What Is a "Normal Agricultural Operation"?

Federal regulations identify state Cooperative Extension Service specialists as experts for determining what constitutes a normal agricultural operation or soil stabilization practice. Whether an agricultural operation is considered "normal" is a very difficult and complex assessment based on many variables such as type of grain, seeding or planting date, seeding rate, method of planting or harvest, single or multiple applications, pre-and post-harvest manipulations, seasonal weather conditions and geographic location, to name a few. It may also involve an economic analysis of the cost of harvest versus market prices for the crop to determine whether a particular agricultural operation would be profitable.

Specialists of the Cooperative Extension Service, University of Arkansas, have provided general guidelines (Table 1) to the Arkansas Game and Fish Commission and the U.S. Fish and Wildlife Service for distinguishing a normal agricultural operation from baiting migratory game birds. These guidelines will help hunters, farmers, landowners, natural resource professionals and the general public distinguish a normal agricultural planting from baiting for several common commodity crops. These guidelines are intended to provide a general understanding of what constitutes a normal agricultural operation in a typical year. A wide margin has been built into these guidelines for differences which may occur in any given year or geographic location in Arkansas; however, even these margins may not reflect accurately a normal agricultural operation in extreme or uncommon situations. These guidelines are intended to educate landowners, hunters and the general public about practices for a typical, economically viable agriculture enterprise. Any planting date or seeding rate which falls outside these parameters could be considered baiting, unless particular conditions or circumstances indicate otherwise.

Farmers who practice sustainable agriculture may plant wildlife food plots as part of their integrated management system. Hunting leases for deer, turkey, quail and other wildlife can provide supplemental income for farmers. Confusion arises when food plots planted for a particular wildlife species also attract doves or waterfowl. Land that has seeds present on the surface from top sowing or aerial seeding can only be hunted if seeds are present solely to produce and gather a crop, or as part of a normal soil stabilization practice. Federal regulations strictly prohibit hunting waterfowl or doves over seeds from planting a wildlife food plot that is not an agricultural planting. The legality of hunting doves over topsown, freshly-planted food plots (i.e., unsprouted/ungerminated seeds planted on top of the ground) is being debated and may be revised in the next few years. For the 1999-2000 dove hunting season in Arkansas, the guidelines for distinguishing baiting from a normal agricultural operation (Table 1) also apply to planting wildlife food plots in areas where doves are hunted. From an agricultural perspective, planting rates and dates for wildlife food plots are treated as if managing for livestock forage production. Wildlife food plots may be planted at other times or have heavier seeding rates applied, but it is advisable that hunters do not hunt doves in these areas, since these areas could be considered baited.

Table 1: Guidelines for Identifying Planting Dates and Seeding Rates as Part of a Normal Agricultural Operation

	Earliest Planting Date	Latest Planting Date	Maximum Seeding Rate
Barley	August 15	April 1	288 Ibs/ac 86 seed/sq ft
Corn	February 15	June 15	25 Ibs/ac 1 seed/sq ft
Forage legumes (hairy vetch)	August 15	February 1	60 Ibs/ac 29 seed/sq ft
Millets*   Browntop   Japanese   Pearl   Proso	April 1	August 15	40 Ibs/ac 132 seed/sq ft 142 seed/sq ft 78 seed/sq ft 74 seed/sq ft
Oats	August 15	April 15	256 Ibs/ac 82 seed/sq ft
Rice	March 15	July 1	180 Ibs/ac 82 seed/sq ft
Rye (small grain)	August 15	April 1	224 Ibs/ac 92 seed sq ft
Sorghum (grain)	March 1	July 1	15 lbs/ac 5 seed/sq ft
Sorghum (sudan)<	April 1	August 15	60 Ibs/ac 8 seed/sq ft
Soybeans (grain)	March 15	August 1	120 Ibs/ac 9 seed/sq ft
Sunflower	March 1	July 15	15 Ibs/ac 3 seed/sq ft
Triticale (wheat x rye)	August 15	April 1	240 Ibs/ac 60 seed/sq ft
Wheat (forage)	August 15	April 1	240 Ibs/ac 80 seed/sq ft
Wheat (grain)	September 20**	February 1	180 Ibs/ac 60 seed/sq ft
* Unmanipulated, second-year growth reclassifies millet as natural vegetation. ** The reason that wheat for harvesting grain is planted later than wheat for forage is to reduce the risk of hessian fly damage.

Agricultural and Hunting Practices for Doves

What options do landowners have for developing good habitat for a dove hunt? Natural vegetation and crops, such as millet, sunflower, corn and other grains, can be grown and manipulated to improve dove hunting. After the grain is ripe and just before the hunt, standing crops can be mowed, dragged down, disced or burned to attract doves. The manipulation of crops or natural feeds is an effective technique to improve dove hunting. Manipulation provides a good chance for attracting many doves during the hunting season. Also, many other species of wildlife may benefit from food that is scattered because of a normal agricultural planting or harvest.  However, it is illegal to deliberately scatter grain on a field after a crop has been harvested. The grain grown in the field may not be redistributed onto the field after it has been collected, harvested or gathered. Grain found in piles or in other large concentrations is not a normal agricultural planting, thus hunting over piles of grain is considered baiting.

Specifically, it is legal to hunt doves:

• where seeds or grains have been scattered (not piled) as a result of a normal agricultural operation or agricultural soil stabilization practice, including top-sown or aerial seeding;
• where grain grown on the land is scattered solely as the result of the manipulation (e.g., mowing, flattening, discing) of an agricultural crop;
• over standing crops;
• over standing or manipulated natural vegetation;
• over “hogged down” fields where livestock have fed on standing crops; over feedlots;
• from a blind camouflaged with natural vegetation;
• from a blind camouflaged with vegetation from agricultural crops, provided that grains or other feed from the crops are not exposed or scattered, thus creating a baiting area.

Agricultural and Hunting Practices for Waterfowl

Regulations governing baiting are more restrictive for waterfowl than for doves. Hunting ducks and geese is permitted in areas where there has been a normal agricultural planting, harvesting or postharvest manipulation or soil stabilization practice. However, unlike doves, waterfowl hunting is not permitted when unharvested crops are manipulated (e.g., mowed or rolled) to attract waterfowl, especially if such practices occur near a duck blind. Sometimes producers may leave portions of a field unharvested because the grain is of poor quality, diseased or otherwise uneconomical to harvest. It is legal to hunt over these unharvested portions of the field if no manipulation has occurred. Flooding of unharvested agricultural crops is legal as long as the crop has not been manipulated. Hunters should avoid hunting in any field where a portion of the crop is unharvested and the stalks knocked down to attract waterfowl.

 Specifically, it is legal to hunt waterfowl:

• over standing crops or flooded standing crops, including aquatic plants;
• over standing, flooded or manipulated natural vegetation;
• in flooded fields after crops are harvested;
• where grains or top-sown seeds have been scattered solely as the result of a normal agricultural harvest or post-harvest manipulation;
• from a blind camouflaged with natural vegetation;
• from a blind camouflaged with vegetation from agricultural crops, provided that grains or other feed from the crops are not exposed or scattered, thus creating a baited area;
• where grain from standing or flooded standing agricultural crops is inadvertently scattered by hunters entering or leaving an area, placing decoys or retrieving downed birds.

It is illegal to hunt waterfowl:

• where unharvested crops have been manipulated, including a crop or portion of a crop that has not been harvested due to equipment failure, weather, insect infestation, disease or any reason;
• anywhere seed or grain is present, unless the seed or grain was scattered solely for the purpose of planting or harvest to produce and gather a crop, or normally would have remained after manipulating and removing a harvested crop;
• over harvested grains arranged in rows or piles;
• where grain is fed to livestock; over waters where food is fed to fish;
• where seeds remain on the surface of the ground from planting for erosion control on a construction site.

Using Natural Vegetation to Attract Migratory Game Birds

To avoid problems with interpreting regulations about baiting, landowners and hunters can attract migratory game birds using natural vegetation. Natural vegetation that is manipulated for improving hunting conditions is not considered baiting. Federal regulations specifically allow mowing or other manipulation of natural vegetation in a hunting area. However, landowners and hunters need to be certain that the vegetation being manipulated is classified as "natural." Natural vegetation means any nonagricultural, native or naturalized plant species. Landowners who want to manage their land for waterfowl are encouraged to plant native or natural vegetation. The following are some examples of what is considered natural vegetation for doves and waterfowl in Arkansas:

Mourning Doves American sweetgum Barnyardgrass Euphorbia (spurges) Panicum grasses Croton Paspalum (dallisgrass) Poppy Canarygrass Carolina geranium Chickweed starwort Common pokeberry Common ragweed Common sunflower Bristlegrass Loblolly pine Prairie sunflower Amaranth (redroot amaranth, pigweed) Reed canarygrass Shortleaf pine Sorgo Switchgrass Turkey-mullein White pricklypoppy

Waterfowl Annual sedge Aster Barnyardgrass Beggarticks Chufa (yellow nutgrass) Crabgrass Curltop ladysthumb (ladysthumb smartweed) Dock Fall panicum Foxtail Morning glory Panic grass Pennsylvania smartweed Redroot flatsedge (red-rooted sedge) Rice cutgrass Spikerush Sprangletop Swamp timothy Sweetclover Water pepper Water smartweed

Note that this list contains conservation plantings that occur naturally in Arkansas and that some can be seeded to attract wildlife. An exception is "planted" millet, which is not classified as natural vegetation and, therefore, cannot be mowed or otherwise manipulated for attracting waterfowl. However, planted millet that regrows in subsequent years without human intervention is considered natural vegetation. Hybridized species of rice and other commodity crops are not considered natural vegetation.

Responsibility of the Hunter

It is the responsibility of the hunter to determine whether or not a field is baited. Being unaware of the baited area is a difficult defense. The new regulation does provide some legal relief for hunters who have no possible way of knowing that an area is baited. The strict liability interpretation of the former regulation has been removed. The regulatory agency must now prove that the hunter knows or reasonably should know that the area was baited. However, it is still a violation of the law to hunt over a baited area. What can a hunter do to fulfill this responsibility?

1. A hunter should inspect the area before bringing a gun to the field. Always look for grain or other feed on a field. Determine if the grain on the field is there because of a normal agricultural planting or harvest. Check for signs of baiting; for example, the presence of grain that was not grown on the field or grain that is not evenly distributed on the field.
2. A hunter should inspect the field carefully if there is an unusually heavy concentration of doves or waterfowl in a field. When dove hunting on a freshly plowed field, a hunter should look closely on the surface and under the soil for grain. If grain or feed is found and you are uncertain of the reason, leave the area.
3. A hunter should ask if the field is legal. Ask if any grain or feed has been on the area the previous 10 days.

Questions ?

If you have questions about regulations regarding baiting in Arkansas, contact your local Cooperative Extension Service agent, Arkansas Game and Fish Commission district office or the U.S. Fish and Wildlife Service. The state headquarters for these agencies are as follows:

Arkansas Game and Fish Commission
2 Natural Resources Dr.
Little Rock, AR 72205
(501) 223-6300

U.S. Fish and Wildlife Service
1500 Museum Road, Suite 105
Conway, AR 72032
(501) 513-4474

U.S. Fish and Wildlife Service
81 P.O. Building
Little Rock, AR 72201
(501) 324-5643

Cooperative Extension Service
University of Arkansas
P.O. Box 391
Little Rock, AR 72203
(501) 671-2000

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