I did a little research. First is how California adopted the Federal Code. I would not be surprised if you find a similar section in the WI code. At the bottom have have copied and pasted the Federal Code. If in doubt pickup the phone and call the Fish and Wildlife Service in your State.
As a kid I was lucky enough to shoot a lot of birds in grain fields. The good ole days.
72
FEDERAL REGULATIONS RELATED TO BAITING
Federal regulations prohibiting hunting over bait for migratory game birds are incorporated
by reference into State regulations pursuant to Section 509. Title 14, California Code
Regulations. Penalties for violating these regulations are severe. Persons may be fined
up to $15,000 and be sentenced to six months in jail if convicted of hunting over bait
and be fined up to $100,000 as an individual or $200,000 as an organization and be
sentenced to one year in prison if convicted of placing bait. Simply stated, it is unlawful
to take any migratory game bird by the aid of baiting, or on or over any baited area,
where a person knows or reasonably should know that the area is or has been baited.
The regulations provided below, for the benefit of hunters, are taken from the Code of
Federal Regulations (CFR). Information on all federal bait regulations, including those
pertaining to agricultural planting, harvesting or post harvest manipulation may be
obtained from the U.S. Fish and Wildlife Service by telephone at (916) 414-6660. Excerpts
from 50 CFR Part 20, Migratory Bird Hunting Regulations Regarding Baiting and Baited
Areas, Sections 20.11 (j)-(l) and 20.21 (i)(1) and (2) read as follows:
20.11 (j) Baited area means any area on which salt, grain, or other feed has been placed,
exposed, deposited, distributed, or scattered, if that salt, grain, or other feed could serve
as a lure or attraction for migratory game birds to, on, or over areas where hunters are
attempting to take them. Any such area will remain a baited area for ten days following
the complete removal of all such salt, grain, or other feed.
k) Baiting means the direct or indirect placing, exposing, depositing, distributing, or
scattering of salt, grain, or other feed that could serve as a lure or attraction for migratory
game birds to, on, or over any areas where hunters are attempting to take them.
Manipulation means the alteration of natural vegetation or agricultural crops by
activities that include but are not limited to mowing, shredding, discing, rolling, chopping,
trampling, flattening, burning, or herbicide treatments. The term manipulation does not
include the distributing or scattering of grain, seed, or other feed after removal from or
storage on the field where grown.
m) Natural vegetation means any nonagricultural, native, or naturalized plant species
that grows at a site in response to planting or from existing seeds or other propagules.
The term natural vegetation does not include planted millet. However, planted millet that
grows on its own in subsequent years of planting is considered natural vegetation.
20.21 (i) By the aid of baiting, or on or over any baited area, where a person knows
reasonably should know that the area is or has been baited. However, nothing in this
paragraph prohibits:
the taking of any migratory game bird, including waterfowl, coots, and cranes, on or
over the following lands or areas that are not otherwise baited areas.
Standing crops or flooded standing crops (including aquatics); standing, flooded, or
manipulated natural vegetation; flooded harvested croplands; or lands or areas where
seeds or grains have been scattered solely as the result of a normal agricultural planting,
harvesting, post-harvest manipulation or normal soil stabilization practice;
ii) From a blind or other place of concealment camouflaged with natural vegetation;
iii) From a blind or other place of concealment camouflaged with vegetation from
agricultural crops, as long as such camouflaging does not result in the exposing,
depositing, distributing or scattering of grain or other feed; or
iv) Standing or flooded standing agricultural crops where grain is inadvertently scattered
solely as a result of a hunter entering or exiting a hunting area, placing decoys, or retrieving
downed birds.
2) The taking of any migratory game bird, except waterfowl, coots and cranes, on or
over lands or areas that are not otherwise baited areas, and where grain or other feed
has been distributed or scattered solely as the result of manipulation of an agricultural
crop or other feed on the land where grown, or solely as the result of a normal agricultural
operation.
From 50 CFR Part 20
g) Normal agricultural planting, harvesting, or post-harvest manipulation means a planting or
harvesting undertaken for the purpose of producing and gathering a crop, or manipulation after
such harvest and removal of grain, that is conducted in accordance with official recommendations
of State Extension Specialists of the Cooperative Extension Service of the U.S. Department of
Agriculture.
RST/50 CFR 20 (as of 7/23/99) FOR PUBLIC RELEASE
Page 7 of 36
(h) 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 Extension Service of the U.S.
Department of Agriculture.
(i) Normal soil stabilization practice means a planting for agricultural soil erosion control or
post-mining land reclamation conducted in accordance with official recommendations of State
Extension Specialists of the Cooperative Extension Service of the U.S. Department of Agriculture
for agricultural soil erosion control.
