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Post by esshup on Jan 4, 2016 13:09:12 GMT -5
O.K. I'm trying to get my head wrapped around it.
I get that crows are migratory birds, and the Feds set the rules.
I get it that crows are NOT waterfowl, and different baiting rules apply, just as they do for Mourning Doves.
I.e. It is my understanding that crows and doves can be hunted over manipulated crop fields, but waterfowl cannot.
It is my assumption that a crow cannot be hunted over a deer carcass that has been placed out as bait for coyotes, but COULD be hunted if it was coming to a deer that died of natural causes or died as a result from a vehicle collision and was not moved or touched by a human. Correct or incorrect?
Could both waterfowl and other migratory birds be hunted if they were on their way to a feed lot for cattle?
Morrison, can you elaborate on the differences in what is considered baiting for non-waterfowl migratory birds and waterfowl?
What other migratory non-waterfowl birds does that regulation apply to besides crows and doves?
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Post by morrison on Jan 5, 2016 10:54:43 GMT -5
I will start off by apologizing. When I responded yesterday, I used a brochure that covers the regulations for migratory birds and waterfowl. Upon receiving this question today, I looked up the federal code of regulations (CFR). I have amended the post from yesterday. Upon reviewing the actual laws, I discovered that neither the federal or state laws restrict the hunting of crows over bait. I have posted the federal and state laws/ administrative codes below. In general, the federal statute establishes the guidelines in which the state can set the regulations for the taking of crows (50 CFR 20.133) The state has developed two administrative codes that establish the season for taking crows as well as a code for taking crows that are causing depredation, being a nuisance, or being a risk to human health.
As you can see below, the federal law established the regulations to cover migratory game birds and crows. It has set crows apart from everything else. Any regulation that applies to the taking of crows will most likely not pertain to any other migratory game bird and vice versa.
I would not hunt the feed lot where grain or other substances that could be ingested by the birds has been placed even if placed there for the cattle. However, if waterfowl have been on the pond behind my house, I would not see any issue hunting the pond even if it were behind the feed lot of my barn. Utilize good judgement and stray to the side of caution in situations such as this.
50 CFR
§ 20.1 Scope of regulations.
(a) In general. The regulations contained in this part relate only to the hunting of migratory game
birds, and crows.
(b) Procedural and substantive requirements. Migratory game birds may be taken, possessed,
transported, shipped, exported, or imported only in accordance with the restrictions, conditions,
and requirements contained in this part. Crows may be taken, possessed, transported, exported, or imported only in accordance with subpart H of this part and the restrictions, conditions, and
requirements prescribed in § 20.133.
SUBPART H -- FEDERAL, STATE, AND FOREIGN LAW
§ 20.71 Violation of Federal law.
No person shall at any time, by any means or in any manner, take, possess, transport, or export
any migratory bird, or any part, nest, or egg of any such bird, in violation of any act of Congress
or any regulation issued pursuant thereto.
§ 20.72 Violation of State law.
No person shall at any time, by any means or in any manner, take, possess, transport, or export
any migratory bird, or any part, nest, or egg of any such bird, in violation of any applicable law or regulation of any State.
§ 20.73 Violation of foreign law.
No person shall at any time, by any means, or in any manner, import, possess, or transport, any
migratory bird, or any part, nest, or egg of any such bird taken, bought, sold, transported,
possessed, or exported contrary to any applicable law or regulation of any foreign country, or
State or province thereof.
§ 20.133 Hunting regulations for crows.
(a) Crows may be taken, possessed, transported, exported, or imported, only in accordance with
such laws or regulations as may be prescribed by a State pursuant to this section.
(b) Except in the State of Hawaii, where no crows shall be taken, States may by statute or
regulation prescribe a hunting season for crows. Such State statutes or regulations may set forth
the method of taking, the bag and possession limits, the dates and duration of the hunting season,
and such other regulations as may be deemed appropriate, subject to the following limitations for
each State:
(1) Crows shall not be hunted from aircraft;
(2) The hunting season or seasons on crows shall not exceed a total of 124 days during a calendar year;
(3) Hunting shall not be permitted during the peak crow nesting period within a State; and
(4) Crows may only be taken by firearms, bow and arrow, and falconry.
312 IAC 9-4-7.1 American crows
Authority: IC 14-22-2-6
Affected: IC 14-22
Sec. 7.1. (a) An individual may hunt American crows (Corvus brachyrhynchos) from July 1 through August 15 and from December 13 through March 1 of the following year.
(b) An individual may take an unlimited number of crows.
312 IAC 9-4-7.2 Brown-headed cowbirds, common grackles, red-winged blackbirds, rusty blackbirds, Brewer's blackbirds, and crows
Authority: IC 14-10-2-4; IC 14-22-2-6
Affected: IC 14-22
Sec. 7.2. An individual may take:
(1) brown-headed cowbirds (Molothrus ater);
(2) common grackles (Quicalus quiscula);
(3) red-winged blackbirds (Agelaius phoeniceus);
(4) Brewer's blackbirds (Euphagus cyanocephalus); and
(5) American crows (Corvus brachyrhynchos);
if the birds are committing or about to commit depredations upon ornamental or shade trees, agricultural crops, livestock, or wildlife or concentrated in numbers and in a manner that constitutes a health hazard or nuisance
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