Farmers Can Hunt Deer With the Aid of Spoiled Pumpkins

State v. Hansen, Minn.Ct.App., 11/21/2011.  Mr. Hansen is a farmer.  Among other crops he grows pumpkins, which he sells around Halloween time.  When the goblins retire to await the following year’s festivities he plows the unsold pumpkins – when he gets around to is – back into the soil as “green manure”.  On opening day for hunting deer, Mr. Hansen erected a hunting blind on his farm not far from a pile of pumpkins and other discarded vegetable residue.  The Department of Natural Resources thought that this was hunting deer with the aid of bait, which just happens to be a petty misdemeanor.

The DNR did a “fly-over” of Mr. Hansen’s farm about two weeks before the deer opener; they didn’t see any pumpkins piled up.  The flew another mission two days before opener and lo and behold there were the pumpkins piled up on the field along with corn and other residue.  They decided that this had nothing to do with farming and everything to do with venison.

Well, you got to read this baiting statute:

97B.328 BAITING PROHIBITED.

Subdivision 1.Hunting with aid of bait or feed prohibited.

A person may not hunt deer:

(1) with the aid or use of bait or feed; or

(2) in the vicinity of bait or feed if the person knows or has reason to know that bait or feed is present.

Subd. 2.Removal of bait.

An area is considered baited for ten days after the complete removal of all bait or feed.

Subd. 3.Definition.

For purposes of this section, "bait or feed" includes grains, fruits, vegetables, nuts, hay, or other food that is capable of attracting or enticing deer and that has been placed by a person. Liquid scents, salt, and minerals are not bait or feed. Food that has not been placed by a person and resulting from normal or accepted farming, forest management, wildlife food plantings, orchard management, or other similar land management activities is not bait or feed.

The court of appeals thinks that farmers should be able to hunt deer on their own property so they squirm around to conclude that this statute is ambiguous.  They conclude that the statute can’t distinguish between innocent conduct related to farming – moving all of your spoiled pumpkins into one big pile – and unlawful baiting of deer – moving all of your spoiled pumpkins into once big pile.  Mr. Hansen’s conviction is reversed.