Road Hunting

[fishtrap3]

Correct me if I am wrong but isn't road hunting illegal????

[Dano2]

I would like to know too.
i didn't think it was, as long as your not shooting when vehicles are going by, and as long as you stay off private property, but thats a good question, and I think theres probably quite a few out there that wouldn't pass up on one hanging by the edge, but what happens if it gets up and you shoot it and it lands on private land, is it illegal then, to get it.

Also, do pheasant really hang on the gravel roads much anyway after 9:00 a.m.?

thanks

[This message has been edited by Dano2 (edited 10-12-2003).]

[Bryce]

Depends on your definition of road hunting. Walking ditches in MN is legal. Vehicle must be stopped and shut off before firearm is uncased. Shooting across the road is not legal. Check each state before you hunt. This OK in MN, SD, Iowa, and pretty sure Nebraska. Not sure about Kansas but if you're in rootie country there, you're in lawless country anyways. Just hope your truck doesn't break down... you're going to wait awhile before you see help. Do not try this in ND if there is a posted sign. Posting goes to the the center of the road.
Dano, check your reg book on wounded game on private land. Spelled out crystal clear.

Good post Benny...Keep it legal. Some of my best hunting over the years has been ditch hunting. Great cover to work a young dog in to teach it to quarter and perfect to correct said youngster when it takes off after a "runner".

[This message has been edited by Bryce (edited 10-12-2003).]

[Benny]

Is there a limit to how many roads you can kill?
How do they taste, don't think I ever eat road before.

Broyce is correct, I just would add that you must be 20 or 25 yards from the motor vehical or ATV.
And you can not shot from the road either, must be at least half way to the other side of the ditch or end of right of way.

I f you see road hunting taking place and you veiw it as illegal, please call the tip line or the local CO.It does no good for any of us to just come here and start another thread about it.
No matter how many threads get started here they won't stop the bad apples from doing their thing.

Benny

[joebeanerboy]

I got my second grouse of the season today! Dad and brother both missed....guess I rule!

[Evenflow]

Great topic, however I think some of the information above is misleading. If I am wrong with any of what I post here, I would encourage people to post literature that states otherwise.
Guns in vehicles-
To have an uncased gun in the state of MN you must be outside of a motor vehicle regardless of wether or not the car is running. Unless the gun is disassembled and out of reach (Ex. in a trunk or bed of pickup) This is different from other states. Ex. In ND (and I beleive SD) you may have an uncased gun in a car so long as a round is not chambered.
Road hunting-
State highways and SOME County roads are publically owned right of ways. However, MOST of the time the state/county does NOT own all the way to the farmers fence. It's usually only a small peice of the ditch. (If you don't beleive this, ask a farmer if the county has ever asked them to spray for noxious weeds along "their" ditch or threatened to to do it for them and charge them.) Township roads (usually gravel roads) are different and the farmer pays taxes on the land all the way to the gravel. Therefore he/she owns ALL of the ditch. So if you are walking the ditch without permission, you are tresspassing.
Shooting near vehicles -
The "must be 20 yards from vehicle" rule was only written for grouse hunters. The regs state specifically that GROUSE hunters must be 20 yards from any motor vehicle and the vehicle must be shut off before shooting. This does not apply to pheasant hunters.
Shooting from/across/over roadways-
Although I'm not endorsing it, and it is definitely dangerous, there is no regulation in MN that states small game can not be taken from/across/over a roadway. The only regulation concerning anything similar to this concerns big game. It IS illegal to shoot from/over/on/across a roadway at big game, but there are NO regulations concerning small game at this time. In MN game shot that falls on private land may be retrived as long as you are not carrying a loaded gun. I know these regs are different in other states. In SD you can not shoot birds from a ditch over posted land. A recent court ruling there stated to do so is tresspassing because land owners also own the "airspace" above their land.
Great topic. I think this a very foggy area when it comes to hunter's knowledge of the regs. Like I said before, don't hesitate to post if you can find literature that gives us more info on the topic.

Evenflow

[BLACKJACK]

I don't care how 'legal' road hunting is, if any local landowners see you do it, either from their home or from their vehicle, it just creates the image of SLOB HUNTERS, plain and simple. What do you suppose they're thinking the next time a hunter knocks on their door? It may be different in the wide open spaces of South and North Dakota, but in Minnesota, you're going to be near people the majority of the time.

The second bad feature of road hunting is the high number of wounded and not recovered game. You're stretching the limit on trespassing, you're taking long shots while you're off balance, you knock birds down 40 yards out in a pasture or cornfield - on you drive, leaving the pheasant for crow bait.

As I get older, the hunt itself and watching the dogs enjoyment is a bigger factor than weight of the game bag.

[Evenflow]

BLACKJACK-
That's an interesting viewpoint, I guess I've always thought of road hunting as walking ditches not the traditional driving around and "There's one!" hop out and shoot it. I think with the current laws in MN it's fairly clear that without landowner permission, road hunting is illegal (trespassing). But calling road hunters SLOBS is what I'm really curious about. I'm not defending, or attacking road hunters, but how do you feel about ATVs being used for grouse hunting?

Evenflow

[Nels]

Evenflow-
I posted this same request/topic last year and got BLACKJACK all riled up.
There is a big difference between how people define "road hunting". In SD, I know many locals who hunt be driving around, spotting birds, jumping out, and shooting. Some people view road hunting as walking ditches along side of a road. It is even defined in SD regs about how far the public right-of-way is.

For those of us who don't have the luxury of owning a dog to find birds for us, it is easier to walk a small ditch on the side of the road, than to walk through a large field where the birds can just run around from cover to cover.

I won't road hunt pheasants in MN because of what someone posted previously about ditches actually being landowner's property, and not a "right-of-way" like in SD.

I also disagree with BJ's assertion that if I am hunting along a ditch, I will have " high number of wounded and not recovered game. You're stretching the limit on trespassing, you're taking long shots while you're off balance, you knock birds down 40 yards out in a pasture or cornfield - on you drive, leaving the pheasant for crow bait".

As a hunter, it is my duty to hunt responsibly and only take shots that are within my range. And not recovering wounded birds has very little to do with whether you are hunting a ditch or large field.

In MN, I try to stick to WMA's that are under 50 acres in size. But in SD, If I know of a road side ditch that is in a good pheasant area, I have no problem with walking it.

Good luck hunting!
Nels

[Benny]

Evenflow, I do believe you are mistaken in some of your points both about road right of ways and the shoot across,from, or over roads.
But right now I don't have my regs here and my eyes are about swollen shut from lack of sleep this weekend.I will research those points and report what I find in the comming days.
Thanks, Benny

[BLACKJACK]

Evenflow, you hit it on the head when you said "the traditional driving around and "There's one!" hop out and shoot it." Thats what I was referring to as slob hunters, THE ONES THAT GIVE ALL HUNTERS A BAD NAME and wound game. If you are truly getting out and walking ditches, good for you, and I apologize. I do wonder how many of the birds you get are flying straight ahead, vrs flying across the road (endangering traffic) or across the fence line into private property. In the remote roads of the Dakotas, I could see it, but in more populated MN... And I'm not trying to portray myself as 'holier than thou', I've done the traditional road hunting in the past, but at this point in my life I've seen the error of my ways plus I'm not that meat hungry that I need to shoot pheasants from the road, I'd rather walk behind the dog and get them.

You asked about ATV's. I hate to digress, plus there been other threads concerning this, but you asked. I guess I don't agree with hunting grouse with ATV's because again I'm not that meat hungry. Use the ATV's to get to a remote spot, but then get off and walk and enjoy nature at its finest. I don't need to feel the weight of 4 grouse (that I drove up to on my ATV) in my gamebag to call it a successful hunt. Driving up to grouse on an ATV and shooting them is just that - shooting - not hunting.

Nels, you have a good memory, I'd forgotten about last year. If you're truly walking the ditches, you're right, the wounding rate will be lower, I apologize, I was referring to the 'drive and gun' road hunters. My whole concern about the traditional road hunting is that it gives all hunters a bad name.

[This message has been edited by BLACKJACK (edited 10-14-2003).]

[Scott Steil]

"In SD, I know many locals who hunt be driving around, spotting birds, jumping out, and shooting.

Hey Nels, the locals I know in SD don't even jump out, just spot bird and shoot!LOL

[BLACKJACK]

Chells, you said "This is the way most locals hunt--they pile into their trucks for the prime-time road hunting in the morning and again in the evening". I agree with you, where we hunt in SoDak, thats exactly what some of the SoDak residents that we hunt with like to do. The problem that I have is when they say later 'you (and your dogs) should have stuck with us, we knocked down 4 birds in the corn that we couldn't find'. They're not doing what Nels and Evenflow are talking about, which is walking the ditches and taking good, safe, close shots.

[Nels]

Last year I also questioned about the shooting a shotgun from/across/along a roadway. I could have sworn that about 5 years ago that was stated in the "general hunting" area in the regs. Now it is only specifically listed under the Big Game section, and only says it is illegal to discharge a firearm or arrow at Big Game (Or Big Game decoy) on /over/across a public road or right-of-way.

Still, I would not recommended the practice.

Scott- Yeah, I've heard Sdakotans doing that Deer hunting- kind of scary!

Good discussion!

[Benny]

Evenflow, here is your literature proving you are mistaken on SOME of your points.

First off this comes right off the regulation book for this year.

Page #24, ARMS RESTICTIONS:

A person may not transport a firearm, including a handgun,in or on a motor vehicle unless the firearm is:
*unloaded and cased(any case that completely incloses the firearm by zipper or tied)
*unloaded and in the closed trunk of a motor vehicle;(closed trunk or in the rear most inclosed portion of the motor vehicle that IS NOT accessible from the passanger compartment)
*carried under a valid permit to carry a pistol or handgun.

This doesn't say you can't have a gun on or in your car while sitting parked with the motor off.

Page 28:ALL-TERRAIN VEHICLES,OHV,AND SNOWMOBILES:
*A person may not transport an uncased firearm on or shoot at a wild animal from an all-terrain vehicle or cycle.
*Additional restrictions apply durring grouse and deer season(see pages 36 and 58).

This does cover Pheasants and all game animals as well as just plain old tweety birds!

Page #36:Grouse hunting NEAR motor vehicles:

*A person in the vicinity of a motor vehicle may not shoot a firearm or an arrow from a bow at a grouse,or at a decoy of a grouse placed by enforcement officer, unless the person is at least 20 yards from the vehicle and the engine is shut off.
Doesn't include people with permitts to do so ,and included ALL motor vehicles.

Page #49: (covers right of ways)
OTHER RESTRICTIONS:

*No person may discharge a firearm or an arrow from a bow on,over,across,or within the right-of-way of an improved public highway(including but not limited to Federal,State,County,and Township roadways)at a big game animal or decoy of a big game animal that has been set out by a licensed peace officer.

Page # 58:Using snowmobiles and allterrain vehicles:

This is a lengthy pararagh and really didn't come up in your post, so I will condens it a little.

Such vehicles may only be operated;
*before legal shooting time
*from 11 A.M untill 2 P.M and
*after legal shooting hours

So in conclusion, I would have to agree on the point that for Grouse and Pheasant any way, you can legaly walk the ditches even right up to a roadway.Just can't shoot across,over,on or from a roadway.

The transporting of guns is coverd as well, you only need to case the gun if you start the motor or drive any where.Other wise you can have an uncased even laoded gun in or on your car.If you have a carry permitt your safe with a pistol or handgun.Just don't think you can shoot out the window because you have a carry permitt though!!

Right-of-ways are covered, but you will have to know how far the right-of-way goes into the ditch.Usually it's half way. or a set number of feet from the center of the road.

Shooting near a motor vehicle is covered, you must be 20 yards from a non running motor vehicle. I do wonder if this would also include a walking hunter who you were to drive up to as he/she was about to shoot a grouse???Intresting !!
And this does apply to ALL WILD ANIMAILS!!!
So you can not shoot a pheasant from a motor vehicle running or not.

Then it covers the aspect of shooting over,across, or from a roadway.Just don't do it, it is not legal or safe!

I do want to point out I am not basshing you.I just wanted to make sure your pointed in the right direction.

Thanks, Benny

[This message has been edited by Benny (edited 10-14-2003).]

[hksbh]

The rules apply to big game hunting not small game.You could legally shoot small game standing on the center line of a highway but is is not very sportsman like but you can do it. I don't write the laws so don't take this the wrong way.This is in Minnesota

[smoley]

Hello, You mention SD above and road hunting there. Actually SD got the law changed to allow road hunting from ditches, and this year you can shoot over private land owners property and actually shoot a bird that flushes on a private property as long as your in the ditch. I was out this weekend and saw many birds on the side of the road and I agree that you need to use good judgement if you plan on jumping out and trying to shoot one. I know that SD will be a different look this year with the new law in affect.

[Guest]

In ND Road Rights-of-Way are under the control of the adjacent landowners if legally posted.

This weekend, I had the priviledge of hunting on private land exclusively and we did no "road hunting".

I witnessed dozens of vehicles with license plates from ND, SD, MN, etc. road hunting all over the county. This is the way most locals hunt--they pile into their trucks for the prime-time road hunting in the morning and again in the evening--I've never seen anyone pay the slightest attention to the written laws regarding rights-of-way.

In fact, I've seen the local CO drive past the road hunters without so much as checking their licenses or posession limits. Probably because he knows them as locals.

My point is--if we use common sense while practicing road hunting, then we stand a fairly good chance that it won't result in any problems.

------------------
Chells

[Koda]

Smoley,
You are incorrect about SD.
You CAN hunt from the right of way.
You CANNOT shot birds flying over private property
You CANNOT shot birds flushing from private property.

You can view the laws on page 26 of your SD hunting Regs. Or on page 22 of the link below:
http://www.state.sd.us/gfp/Publications/HuntingHandbook.pdf

I know of no other state who's farmers keep a better eye on these rules so I wouldn't reccomend being on the wrong side of the law when walking a ditch in SD.

[huskminn]

Okay....I'm going to try to clear this SD thing up right here.

You CAN hunt birds (excepting doves) in the right of way on all public roadways with the exception of Interstate highways.

You CAN shoot at a bird that originates in the public right of way even if that bird crosses over private property air space prior to the shot. Retrieval must be unarmed and on foot.

You CANNOT shoot at a bird that originates from private property and remains over private property air space, even if you are standing in the public right of way.

The online regs do not completely explain the new legislation that is in effect for this season. My assumption is that they couldn't get the changes included prior to going to press.

There are also new regulations regarding parking your vehicle on a road and hunting--also whether or not you can have your vehicle doors open and the engine running. I don't completely understand the logic behind the door/running engine thing.

Some of these regs are different for hunting migratory birds.

I don't think that there will be any significant change in the "look" of road hunting in SD this year, as it has been legal to do so for many, many years. These new regs mostly just clarify previously existing laws.

You can go the the SD Game, Fish and Parks HSOforum, view the most recent news releases and you'll see all of this info there.

Good luck, be safe and respectful.

[Pherris]

Huskminn has it right. Heading to SD tomorrow. Going to be a good year I do believe.

[HOF#13]

Gee I don't know guys...The way a few of you make it sound, we over here in SD have no idea about hunting "safe" and "smart". If it's so scary over here for ya Blackjack, Scott, & Nels stay in MN and hunt pheasants. I guarantee you, I have seen far more "one-who-thinks-I-am-silly" out of staters over here that think they can hunt whatever, wherever, and however they want, than I ever have locals. Yes, of course we have our fair share of "one-who-thinks-I-am-silly" locals too, but no more than I am sure you have over in MN.

[Scott Steil]

Easy there HOF13. I didn't say anything about them not being safe. They are very safe in the field. They just have a different definition of road hunting. I am the one that gets laughed at for getting out of the vehicle and walking the ditch. To each there own, I am talking about my personal expience where I hunt in SD. I am sure you do things by the book!

Oh, I agree though that some of the nonresident hunters are worse. I am not suprised by anything I see from them. It can be a clown show to say the least.

[This message has been edited by Scott Steil (edited 10-17-2003).]

[HOF#13]

We're cool Scott. I got carried away anyhow.
Road hunting is a pretty tense subject in SD. It always seems like it's the land owners vs everyone else. There doesn't appear to be any middle ground, your either on one side or the other.
Sorry for jumping all over ya with that last post.

Good Hunting!!!

[huskminn]

By the way HOF, welcome aboard FM.com! Nice to have a SD person here. I'm from the great state originally....

The roadhunting thing IS an extremely tense subject in SD. I've had my run-ins with landowners when I've been perfectly within the law and, realistically, going out of my way to be respectful and safe. I can understand their position and I know precisely where certain prejudices originate: bad experiences with "slob" hunters.

I've had great success gaining on-the-spot permission to hunt private land while "road hunting". One can often spot birds on private land, but near the road. Go to the nearest house, ask permission. Be in a good mood, be modest, smile a lot.

Sometimes someone will say that they don't allow hunting because of all the bad experiences they've had with hunters....tell them you understand and that you always ask permission and you appreciate them explaining why they don't allow hunting. Even if they don't allow hunters, you may be paving the way for someone else's future access by making it a positive experience for the landowner.

I road hunt quite a bit while I'm hunting birds in SD. I enjoy seeing the country between public areas...I enjoy looking for other wildlife and relish the image of a heard of mulies coming up out of a draw or seeing a big bunch of turkeys on the edge of a creek bottom.

As a road hunter, I think myself much more opportunistic than slob-like. I have no dog, frequently hunt by myself, follow the rules strictly and build in an extra cushion of morality to ensure that road hunting remains legal for everyone.