hunting over cultivated land illegal?

[16onrockandroll]

I work in a gun store in Roseville, and I had a customer telling me about setting up to call 'yotes, and he had a warden come over. The warden apparently gave them a warning that their setup was illegal due to hunting over cultivated land. I have never heard that this was illegal in California, and I am skeptical. Anyone able to shed any light? Apparently "cultivated land" gives an unfair advantage to the Hunter.

 

[voidecho]

Was it his land?

 

[Bubblehide]

It falls under not having written permission, as in fenced, or signed, or cultivated lands. Cultivated land is considered private land under the DFW regs.

 

[16onrockandroll]

Oh, so it's not about hunting over cultivated land, it's that you need the written permission because cultivated land implies private ownership. That makes way more sense. He wasn't clear about access to the land. I assumed that he had permission. He said the terms gave the game an unfair disadvantage.

 

[Bubblehide]

... He said the terms gave the game an unfair disadvantage.

To me, the way I look at the regulations, an unfair advantage would be related to baiting; it doesn't sound like that is the case here. It sounds to me like the guy just doesn't know or understand the regulations, or he was purposely vague; hard to tell.

 

[#1Predator]

Bubblehide is correct. See F&G Code section 2016 below:


2016. It is unlawful to enter any lands under cultivation or enclosed by a fence, belonging to, or occupied by, another, or to enter any uncultivated or unenclosed lands, including lands temporarily inundated by waters flowing outside the established banks of a river, stream, slough, or other waterway, where signs forbidding trespass or hunting, or both, are displayed at intervals not less than three to the mile along all exterior boundaries and at all roads and trails entering those lands, for the purpose of discharging any firearm or taking or destroying any mammal or bird, including any waterfowl, on those lands without having first obtained written permission from the owner, or his or her agent, or the person in lawful possession of, those lands. Signs may be of any size and wording that will fairly advise persons about to enter the land that the use of the land is so restricted.

 

[easymoney]

IMHO, this is a fine line and entirely up to the warden.
It is clear in the DFG regs that one can not bait, but if one hunts a crop field not planted for wild game it is OK. My experience with some tough wardens, is that they are really looking or those who blatantly plant just before or during hunting season or who have planted or spilled just for wild game. Every ranch I hunt areas that plants crops, like barley, oats or safflower for a cash crop, and then harvest that crop. And, it is not illegal to hunt those fields, but if the land owner does spill or plant just for hunting they will get caught because the wardens know about it....
If DFG was going to bust for hunting over waste grain, they would be overwhelmed just busting the tens of thousands of acres of rice fields in the valley, which get tilled and flooded each year, then used by waterfowl and hunters...

 

[Hikingwithguns]

You can plant just for wild game. Safflower for dove for instance is fine to hunt over, as is barley planted soley to bring pigs to the property. You just cannot harvest and then throw it out into the field.

[h=4]§257.5. Prohibition Against Taking Resident Game Birds and Mammals by the Aid of Bait.[/h]Except as otherwise provided in these regulations or in the Fish and Game Code, resident game birds and mammals may not be taken within 400 yards of any baited area.

• (a) Definition of Baited Area. As used in this regulation, "baited area" shall mean any area where shelled, shucked or unshucked corn, wheat or other grains, salt, or other feed whatsoever capable of luring, attracting, or enticing such birds or mammals is directly or indirectly placed, exposed, deposited, distributed, or scattered, and such area shall remain a baited area for ten days following complete removal
• (b) Exceptions:
  • (1) The taking of domestically reared and released game birds on licensed pheasant clubs and other licensed game bird clubs;
  • (2) The taking of resident game birds and mammals on or over standing crops, flooded standing crops (including aquatics), flooded harvested croplands, grain crops properly shocked on the field where grown, or grains found scattered solely as the result of normal agricultural planting or harvesting;
  • (3) The taking of resident game birds and mammals on or over any lands where shelled, shucked or unshucked corn, wheat or other grain, salt, or other feed have been distributed or scattered as the result of bona fide agricultural operations or procedures, or as a result of manipulation of a crop or other feed on the land where grown for wildlife management purposes: provided that manipulation for wildlife management purposes does not include the distributing or scattering of grain or other feed once it has been removed from or stored on the field where grown.