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Looking into the legality of food plots.


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I put in hundreds of hours working my land and it doesn't make it any easier to harvest a mature buck. Too many people get caught up with notion "if plant food plots big bucks will be everywhere and easy to kill" sorry, it doesn't work that way.

+1 to this, as I noted above my fields are active more at night which is why you'll find me in the woods for the most part.

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With the advent of rifle hunting in most of NY a food plot might as well be a pile. Not many food plots are big enough to make a difference what end a deer come out of. The rifle pretty much covers the whole plot very nicely. Just sit in your treestand and wait for the deer to come in to the bait, excuse me,field

Here I thought this thread was started with a legit question. Yep I got suckered into another troll post again. Guess I will never learn.

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What are the restrictions on deer and moose feeding?

Part 189 of Title 6 of the Codes, Rules and Regulations of the State of New York was last amended on July 28, 2010. Part of this rule restricts the feeding of deer and moose.

In New York, it is illegal to feed deer and moose by putting out any material that attracts them to feed.

There are five exceptions to the rule:

  • Agricultural crops including wildlife food plots.
  • Distribution of food to livestock.
  • Distribution of food to captive deer and elk.
  • Cutting of trees and brush.
  • Scientific research, wildlife damage abatement, and wildlife population reduction programs, but only under a permit issued by DEC.

Why did DEC place restrictions on deer and moose feeding?

The rule was issued in response to the threat of Chronic Wasting Disease (CWD) being introduced into New York. The nature of CWD requires prompt and extraordinary actions to address the threat posed by this disease. The purpose of this rule is to prevent the introduction of this disease into New York, to restrict those activities that may increase the risk of the development or spread of CWD in New York and to protect the health of wild white-tailed deer (Odocoileus virginianus) and wild moose (Alces alces) in New York.

Feeding these species artificially concentrates them in one location for extended periods of time. CWD is most likely transmitted from animal to animal by direct contact between animals, or indirectly through contact with waste food, urine, and feces that build up at feeding sites, although the exact transmittal mechanism is currently unknown. CWD was found in New York in 2005. This measure remains a precaution to help prevent the spread of CWD in the state. The incubation period for CWD can be five years or longer, and an outbreak among white-tailed deer or moose at feeding sites could spread the disease before clinically-ill individuals are observed. This would greatly hamper efforts to control the disease. Other diseases, such as Bovine Tuberculosis, can also be spread quickly at feeding sites, where animals are in close contact with each other and with waste products every day.

Another risk associated with feeding is the possibility that the infectious agent of CWD could be present in commercial feeds. Some commercial livestock feed may be produced using rendered animal parts, which could contain the infectious agent. If the agent is present in these foods it could infect any deer or moose that eats the food. Federal regulations in effect since 1997 require feeds containing mammalian protein to be labeled to prohibit them from being fed to any ruminants, including deer and elk. The DEC regulation mirrors this restriction to call attention to the special risk associated with misuse of feeds not intended for ruminants.

Isn't feeding good for the deer and moose population?

Feeding can cause more animals to survive than the natural habitat can support, which can lead to long term degradation of the natural habitat. Animals being artificially fed also consume natural food in the adjoining area. With deer concentrated at feeding sites, the surrounding natural habitat can be severely overbrowsed. The browse plants can be damaged so that they produce smaller quantities of browse for many years, or can be completely eliminated. The result is a habitat that supports fewer animals, and a population that is dependent on artificial feeding.

In addition, some foods may be detrimental because they do not meet the nutritional requirements of deer or moose in winter. Both of these species are ruminants similar to a cow and have a multi-chambered stomach, with a more complicated digestive process. If food types are suddenly changed, it can take considerable time for the digestive process to adapt to the new food, during which time the animal receives little nutrition when it needs it most.

Especially with deer, feeding can also increase the number of deer-vehicle collisions if done near highways or increase nuisance problems if carried out near residences, orchards, nurseries and other agricultural operations.

Won't a lot of deer and moose starve if we have a severe winter with no feeding?

Moose are designed for winter! Their log legs allow them to move easily through deep snow and their thick coats of hollow-shafted hair and dense hide keep them warm, even at -40°F. Some deer will starve at traditional feeding sites because their population is artificially above the carrying capacity of the winter habitat. Moreover, the winter habitat surrounding the feeding site may be damaged from overbrowsing. If feeding is curtailed, some deer at traditional feeding sites will shift activity patterns to take advantage of better winter cover than that which existed at the feeding site. After several years with no deer feeding the deer population will again be in balance with the natural habitat. It is normal for some deer to starve during severe winters in northern forests, leaving the stronger deer to reproduce. Some young deer simply do not reach adequate body size and physical condition to survive average winter conditions. However, deer populations can recover following milder winters.

Aren't deer concentrated in winter yards naturally?

Deer concentration in winter yards is considered a natural behavior. The risk of disease transmission is lower in winter yards than at artificial feeding sites because feeding is dispersed, and the food is consumed and not replaced. At artificial feeding sites deer are in closer contact, and the food is replaced at the same location repeatedly, increasing the likelihood of direct contact between animals and more concentrated contamination of the ground with feces and urine.

What is the penalty for violating the feeding regulation?

The penalty for illegally feeding deer or moose is a violation punishable by a fine of up to $250 and 15 days in jail for each day of the offense. Multiple offenses may result in the revocation of hunting, fishing and/or trapping privileges for up to five years.

Can other wildlife, like songbirds, still be fed?

Yes, if deer and moose are not attracted to the food, or it is inaccessible to them.

What can legally be done to help deer through the winter?

Cutting trees and brush in deer winter yards makes the browse in the tops of the trees or brush accessible to deer. This browse is the food deer are adapted to eat in the winter. This cutting can only be done on private land with the permission of the landowner. It cannot be done on state forest preserve land, and requires permits on other state lands. The landowner can use the trunks of the trees for firewood or timber, leaving the tops for deer to eat. Anyone interested in providing browse to deer by cutting trees or brush should contact their regional DEC deer biologist for suggestions on tree species and quantities

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My 2 cents is that food plots are:

1. Considered legal because as mentioned in numerous posts they take forethought, care, and are somewhat in line with a deers natural feeding patterns.

2. Not fool proof, deer will go nocturnal so easy, ask all these guys with food plots and trail cams.

I would say the same philosophy applies for sexual attractant vs. bait.

I also hate any hunting show where something is shot literally on top of a bait barrel...I don't love farm hunting shows either though. Work for it, that's the fun part isn't it, learning to think like a deer.

Edited by 7J Everyday
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Although it is legal, the way food plots are planted by hunters come real close to baiting. In contrast a food plot planted for conservation is positioned close to escape and thermal cover so wildlife is NOT susceptible to hunters or other predators and does not have to travel far in the cold. Thats much different then luring game out onto shooting lanes trimmed through the understory or out into clearings. This is another one of those "not a legal issue but an ethical issue" deals. As this practice continues to grow it shouldnt surprise anyone when new regulations are proposed.

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When you say they just knock it down do you mean stalk and ear of corn? Because if so i beleive that is illegal. I was told by DEC that you must make an attempt to harvest the crop and that you cant just use a brush hog to mow it down and scatter corn every where. This was during goose season too so maybe its different for waterfowl.

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When you say they just knock it down do you mean stalk and ear of corn? Because if so i beleive that is illegal. I was told by DEC that you must make an attempt to harvest the crop and that you cant just use a brush hog to mow it down and scatter corn every where. This was during goose season too so maybe its different for waterfowl.

For any migratory gamebird, with the (possible ?) exception of crows; you must be following a agriculture method used commonly in the region - determined by the local ag extension office. Talk about top sowing oats or wheat and things really get interesting...

Harvesting a field under normal farming leaves a percentage of waste grain in randon locations. Brush hogging an entire field or worse - gradually in select areas which facilitate ambush - is not the same. Legally & ethically ambushing birds on the proverbial "X" in a normally harvested field is a world apart. Ditto for food plots designed to set up a "lay up" shot at big game - not sporting.

Baiting or systematicly brush hogging a field allows a poacher to somewhat control the food - like filling up a bird feeder. It is like a late 1800s era market hunting practice, not a modern day sport hunting practice...

Edited by mike rossi
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With the advent of rifle hunting in most of NY a food plot might as well be a pile. Not many food plots are big enough to make a difference what end a deer come out of. The rifle pretty much covers the whole plot very nicely. Just sit in your treestand and wait for the deer to come in to the bait, excuse me,field

Here I thought this thread was started with a legit question. Yep I got suckered into another troll post again. Guess I will never learn.

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My $.02 to add is that baiting conditions unnatural behavior in deer. Deer will show up shortly after a feeder goes off or the guy with the bucket leaves. Food plots offer a 24/7 for the life of the plot food source.

I have also been told that you can't bush hog corn but never actually seen it in writing. Never looked that hard either.

Isnydes, are you a scorn baiter? Get off your lazy rear and go make yourself a plot if it is so great.

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WNYBuckHunter, on 01 October 2012 - 03:19 PM, said:

BTW, ever hunted near apple trees? Acorns? Farm fields? Were you appalled at yourself then? Its the same thing as a food plot.

I have but I moved my stand near them not the apples trees, acorns, etc near my stand.

Right, so how is that different than a food plot?

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With the advent of rifle hunting in most of NY a food plot might as well be a pile. Not many food plots are big enough to make a difference what end a deer come out of. The rifle pretty much covers the whole plot very nicely. Just sit in your treestand and wait for the deer to come in to the bait, excuse me,field

Again, how appalled with yourself have you been hunting the farmers bean, corn or wheat field? According to your theory, your just hunting a big bait pile with the reach and accuracy of a rifle.

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When you say they just knock it down do you mean stalk and ear of corn? Because if so i beleive that is illegal. I was told by DEC that you must make an attempt to harvest the crop and that you cant just use a brush hog to mow it down and scatter corn every where. This was during goose season too so maybe its different for waterfowl.

Yes you can. Better check again.

As long as you dont mow it down and then pile it up, its legal.

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Yes you can. Better check again.

As long as you dont mow it down and then pile it up, its legal.

Are we talking about migratory birds or deer? It certainly is not legal for MB. Here is 9 pages of very detailed and clear laws. I dont mind providing citations to back up what I say, but I think this issue has come up before and the culture of NY hunters si one were they: 1) Get their info from the same sources, eg. magazines and the NYSCC 2) Are not generally interested enough to inform themselves in anything not pertaining to deer, coyotes, and turkeys.

Fine - but do you all write in to the magazines and Rod and Gun Officers and ask them for citations? NO you dont. And hunter ed needs to be more thorough as well, you got novices going through the course that are totally confused.

http://www.fws.gov/le/waterfowl-hunting-and-baiting.html

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food plots are legal, but it's not the same as farming, when you farm and plant (corn, potatoes, lettuce ect...) you are doing it for the purpose of harvesting that for consumption, when you plant clover, alfalfa, winter rye tou are doing it for the sole purpose of attracting wildlife, essentially a food plot is a self sustaining field of bait, you are using it with the intention of attracting/baiting deer

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Are we talking about migratory birds or deer? It certainly is not legal for MB. Here is 9 pages of very detailed and clear laws. I dont mind providing citations to back up what I say, but I think this issue has come up before and the culture of NY hunters si one were they: 1) Get their info from the same sources, eg. magazines and the NYSCC 2) Are not generally interested enough to inform themselves in anything not pertaining to deer, coyotes, and turkeys.

Fine - but do you all write in to the magazines and Rod and Gun Officers and ask them for citations? NO you dont. And hunter ed needs to be more thorough as well, you got novices going through the course that are totally confused.

http://www.fws.gov/l...nd-baiting.html

I was speaking about deer, which is what this topic is about.

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food plots are legal, but it's not the same as farming, when you farm and plant (corn, potatoes, lettuce ect...) you are doing it for the purpose of harvesting that for consumption, when you plant clover, alfalfa, winter rye tou are doing it for the sole purpose of attracting wildlife, essentially a food plot is a self sustaining field of bait, you are using it with the intention of attracting/baiting deer

We took a fair share of corn off our field for us, family and friends. It was delicious too.

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