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Mar 25th, 2012
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Normal agriculture practices? #7262784 08/21/18 12:29 AM
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creeksidelc Offline OP
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So this year we are in a bad drought and I am feeding Milo hay instead of grass hay cause it is so sparse. The Milo was harvested prior to baling but there is still a lot of seeds left on it. The sheep are leaving some seeds behind as they eat it and I have a feeling it may attract some doves. Question. Is it legal to hunt over it?

Re: Normal agriculture practices? [Re: creeksidelc] #7262833 08/21/18 01:19 AM
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Texas Dan Online Content
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Yes, if you consider it a normal practice to feed your sheep in that manner.

Keep in mind, the burden of proof is on the officer to prove you're not following a normal practice. Seeds on the ground is irrelevant if you're feeding your livestock as you normally do.

If you should get cited, tell the judge exactly what you shared here.

If you're still not sure, consider the following and its source...

"In the course of normal farming and ranching operations, some agricultural seed is left exposed on the ground and can serve as “bait” for migratory birds, including doves. If seed is left out in the open as a “normal agricultural operation,” the law considers this acceptable to hunt over.

A problem arises, however, as to what constitutes a “normal agricultural operation.” For the purpose of the Migratory Bird Treaty Act “normal agricultural operation” means a normal agricultural planting, harvesting, post-harvest manipulation, or agricultural practice, that is conducted in accordance with official recommendations of State Extension Specialists of the Cooperative State Research, Education, and Extension Service of the U.S. Department of Agriculture. [Title 50, Code of Federal Regulations, Part 20.11 (h)]"

Source

Last edited by Texas Dan; 08/21/18 02:00 AM.

Dan,

Spring, Texas
Re: Normal agriculture practices? [Re: Texas Dan] #7262908 08/21/18 02:27 AM
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brazosboyt Offline
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I can say that I don’t know a single bird hunter /farmer that’s ever gotten a baiting ticket for something like this. The laws are the laws but they are there to stop people from unrolling those baails and dumping 500 lbs of Milo seed out with it.

There’s also another saying: you can beat the rap but you can’t beat the rIde. If you are concerned-don’t hunt over it or even better don’t put it on a public forum that wardens are known to monitor. The ride can get pretty expensive....

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