Did you ever wonder why we have certain hunting laws, or why they may vary so much from state to state? Some regulations are designed to protect species from over-harvest, which seems logical. Others are intended to preserve the element of fair chase, which is where things get interesting. Some folks subscribe to the theory that if it’s legal, it’s ethical. But that logic disappears when you cross state lines.

Hunting over bait is always a hot topic. In Maine it’s illegal to hunt deer but legal to hunt bear over bait. In New Jersey, it’s legal to hunt deer but not bear over bait. Without bait, we wouldn’t be able to achieve desired population objectives for bears, but with it we’d likely decimate our already feeble deer herd. New Jersey, meanwhile, has an unwanted excess of both species. Several other states allow hunting deer, but not turkeys over bait. Others, like Texas, allow you to hunt pretty much anything but migratory waterfowl and game birds over bait.

Laws regarding the latter can get really confusing. Care to guess what the most sought-after migratory game bird in North America is? According to the U.S. Fish and Wildlife Service, in 2013, 857,300 hunters spent 2,572,900 days afield to harvest 14,529,800 mourning doves, one of the most abundant and widespread bird species in North America. Yet only 39 of the 48 contiguous states (the same number that allow Sunday hunting) have a hunting season on doves. In other states, they’re considered songbirds.

Even where it’s legal, you can’t hunt them over bait. However, you can hunt them over crop fields, even if the crop – say, a food plot – has been planted solely for the purpose of attracting mourning doves, so long as it’s done so in a manner that can be considered normal agricultural operations.

A somewhat similar situation exists for waterfowl. You can’t hunt them over bait that was placed to attract them, but you can hunt them over almost any crop that was planted and harvested according to normal agricultural practices. In other words, you can’t hunt geese in a field where corn was placed to attract them, but you can if the corn accidentally spilled out of the hopper while being harvested. Furthermore, you can legally hunt over a flooded rice field, even if it was flooded solely to attract ducks. But while wildlife food plots are considered normal agricultural practices for dove hunting, they are not for waterfowl hunting.

General waterfowl hunting regulations also prohibit the use of electronic calls and plugged shotgun magazines capable of holding more than two shells. Hunters are required to buy a migratory waterfowl stamp and must cease hunting at sunset. However, due to their overabundance and its effect on natural habitat and agriculture, the FWS has established special conservation seasons on so-called “light geese” in certain areas. During these seasons, hunters may use electronic calls and unplugged guns. They don’t need a federal stamp. They can hunt until 30 minutes after sunset, and there is no daily or season bag limit.

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Some states prohibit deer driving, while others practically encourage it. In some states, it’s illegal for one hunter to intentionally move a deer toward another. That’s legal in Maine, so long as there are no more than three people involved in the effort. Pennsylvania, meanwhile, allows drives involving up to 25 people. And Iowa allows party hunting. Any member of a hunting party may shoot as many deer as there are licenses for the group.

Riding the back dirt roads of northern Maine and sniping grouse on the roadside is a time-worn tradition. Obviously, that wouldn’t go over too well in southern Maine, which is sort of a moot point, as you’re lucky to get a clean shot in most places. And you wouldn’t want to try it in Kansas, where it’s illegal to shoot any game bird unless it’s in flight.

Until a couple years ago, Maine was among a handful of states where spring turkey hunting ceased at or around noon. It was once thought that half-day hunting reduced disturbance to nesting hens and increased production. Most states, particularly the ones with the most turkeys, permit all-day hunting.

Game laws run the gamut from the sublime to the ridiculous. In some states, it’s actually illegal to shoot a white (piebald or albino) deer. There’s no biological reason for the prohibition. In fact, white deer are a genetic mutation and can pass on recessive traits that could reduce the ability of their offspring to survive in the wild. One can only speculate that such prohibitions are largely the result of superstition.

Speaking of silly superstitions, 11 states still restrict Sunday hunting. These prohibitions are an archaic vestige of blue laws established before we were a country, and largely for religious reasons. Many have been relaxed and you can now go to the mall or buy alcohol, but you still can’t hunt on Sunday. Strange.

Bob Humphrey is a freelance writer and registered Maine guide who lives in Pownal. He can be reached at:

bhunt@maine.rr.com


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