Thanks for the questions.
It is amazing how the powers to be have the "midwest hunters" believing that flooding crops like they do "down south" is baiting if we do the same thing "up north". Growing up, I also believed that and I think I heard Dad and Grandpa telling me so.
A few years back I was on a conservation tour bus and there were two higher up USFW fellas sitting behind me and the conversation got onto flooding crops. They assured me that "manually" flooding crops WAS NOT baiting. I looked into it more as I wanted it in writing. I did get it in writing but lost the paper somewhere.
A few months back I was giving a Waterfowl Management seminar at Gander Mt. in St. Cloud and one of the attendees was a DNR CO. After the presentation, he more or less warned everyone that "manually" flooding crops was baiting. I was polite about his comments and asked if we could "all get on the same page" and if we could get a copy of the actual law. Him and I exchanged a few emails where he provided me a cut and paste text of the laws.
However, in the cut and paste that he provided me, it did not say that "mannually" flooded fields was considered baiting and it did not say that it was. But he expressed that it was his interpretation of the law that "mannually" flooding crops IS baiting and he would issue a ticket for it.
I decided to contact the USFW service directly and actually contacted the main office in Virginia. In summary, they told me directly that "manually' flooding a crop field
IS NOT baiting.
I emailed that information to the CO and asked if he could forward this around to other COs so that we are all on the same page and no un-needed tickets where handed out. I did not get a response from him and still have not received a response to this day. Was he mad that he was wrong?
For the record...here is a copy of the information that I got directly from the main office of the USFW service pertaining to baiting...
Dear Kyle,
Thank you for your follow-up inquiry.
Our regulations state that you can hunt over standing crops that have been flooded, but they do not stipulate how that flooding occurred so, you can hunt over standing crops that have been flooded either manually or naturally.
Thank you for your cooperation in complying with our regulations that help protect fish, wildlife, and plants and their habitats. Please feel free to respond to this message with any further inquiries that you may have regarding this matter.
_____________________________
U.S. Fish and Wildlife Service
Office of Law Enforcement
4401 N. Fairfax Drive (Mailstop: LE-3000)
Arlington, Virginia 22203 Here is a copy of the law as well...
[
color=blue]Waterfowl Hunting on Agricultural Lands
Agricultural lands offer prime waterfowl hunting opportunities. You can hunt waterfowl in fields of unharvested standing crops. You can also hunt over standing crops that have been flooded. You can flood fields after crops are harvested and use these areas for waterfowl hunting.
The presence of seed or grain in an agricultural area rules out waterfowl hunting unless the seed or grain is scattered solely as the result of a normal agricultural planting, normal agricultural harvesting, normal agricultural post-harvest manipulation, or normal soil stabilization practice.
Harvesting & Post-Harvest Manipulation
A normal agricultural harvest is undertaken for the purpose of gathering a crop. In general, the presence of long rows, piles, or other heavy concentrations of grain should raise questions about the legality of the area for waterfowl hunting.
A normal post-harvest manipulation first requires a normal agricultural harvest and removal of grain before any manipulation of remaining agricultural vegetation, such as corn stubble or rice stubble.
To be considered normal, an agricultural planting, agricultural harvesting, and agricultural post-harvest manipulation must be conducted in accordance with recommendations of the Cooperative Extension Service (i.e., planting dates, application rates, etc.). However, the Fish and Wildlife Service will continue to make final determinations about whether these recommendations were followed.
Hunters should be aware that normal harvesting practices can be unique to specific parts of the country. For example, swathing wheat crops is a part of the normal harvesting process recommended by the Cooperative Extension Service in some areas of the upper Midwest. During this process, wheat is cut, placed into rows, and left in the field for several days until it dries. Hunting waterfowl over a swathed wheat field during the recommended drying period is legal. It is illegal to hunt waterfowl over swathed wheat that becomes unmarketable or that is left in the field past the recommended drying period because these situations are not normal harvests.
Manipulation of Agricultural Crops
You cannot legally hunt waterfowl over manipulated agricultural crops except after the field has been subject to a normal harvest and removal of grain (i.e., post-harvest manipulation).
Manipulation includes, but is not limited to, such activities as mowing, shredding, discing, rolling, chopping, trampling, flattening, burning, or herbicide treatments. Grain or seed which is present as a result of a manipulation that took place prior to a normal harvest is bait. For example, no hunting could legally occur on or over a field where a corn crop has been knocked down by a motorized vehicle. Kernels of corn would be exposed and/or scattered.
If, for whatever reason, an agricultural crop or a portion of an agricultural crop has not been harvested (i.e., equipment failure, weather, insect infestation, disease, etc.) and the crop or remaining portion of the crop has been manipulated, then the area is a baited area and cannot be legally hunted for waterfowl. For example, no waterfowl hunting could legally occur on or over a field of sweet corn that has been partially harvested and the remainder mowed.[/color]Lastly...to answer your question about options for waterfowl food. Yes, we are currently harvesting Sago and Celery. Sago requires 12 to 36 inches of water and Celery can be deeper. We will be harvesting wild rice in September which requires 12 to 36 inches of water. Shrimp will be in January again. Here is a link to some more info...
http://www.habitatnow.com/store/shop/shop.php?pn_selected_category=19Thanks and pass the word around on the flooded crops...I think it is a great option for Minnesota and just what alot of duck hunters are looking for! Just got to get the word around.
Kyle, PLM
www.HabitatNOW.com