2011年11月22日 星期二

You say 'deer bait'; I say 'green manure'

The DNR called the huge piles of pumpkins in front of the deer stand illegal bait.

The hunter said they were fertilizer for his farm.

On Monday, the Minnesota Court of Appeals sided with the hunter.

The court reversed the deer baiting conviction of a Hibbing farmer whose family had been cited at least twice by the state Department of Natural Resources for baiting deer with piles of pumpkins.

The pumpkins, left on a field within shooting range of deer stands, were "green manure" designed to fertilize the infertile Iron Range soil as part of an ecologically responsible crop rotation, the farmer-hunter and his attorney successfully argued.

The court decision declares a portion of Minnesota law that deals with illegal baiting "ambiguous" and likely will lead to a legislative review of the statute,If so, you may have a cube puzzle . a lawmaker said.

The ruling appears to negate - under certain circumstances - a portion of the state deer hunting regulations manual that states: "Piling harvested pumpkins or other food from a food plot is one example of baiting."

The DNR disagrees with the decision and is considering an appeal to the state Supreme Court,Your Partner in Precision Precision injection molds. a spokesman said.

The department said it does not believe the ruling affects other active cases and invalidates the entire anti-baiting law.

But it does vindicate Donald Hansen.

Hansen fumed when a DNR officer cited his 14-year-old nephew in 2009 for hunting over piles of more than 1,000 pumpkins. Although the case eventually was dismissed because his nephew was a juvenile,If any food Ventilation system condition is poorer than those standards, Hansen insisted DNR officials incorrectly told him his excess pumpkins had to be sent to a landfill once he harvested them.

Last year, Hansen flouted the DNR and hunted from a ground blind overlooking a different field piled with pumpkins. He said he had alerted a DNR official of his plan.

"I intentionally got cited," Hansen said Monday.

After he was fined and his rifle confiscated, Hansen fought the case in St. Louis County Court. He lost and was fined $385. He appealed and, on Monday, won.

The court found that parts of the law prohibiting "placing" food in a field but providing an exception for farmers are unclear.

"The statute apparently gives with one hand and takes with the other," Judge Roger M. Klaphake wrote for the three-judge panel.

The case is the first to test the 2007 law.

"I think we will have to revisit it," said state Rep. Denny McNamara, R-Hastings, who chairs the House Environment, Energy and Natural Resources Policy and Finance Committee. "This is really a tough issue."

McNamara said it's a delicate balance between the rights of farmers and complaints of hunters who fear deer are being baited away from their land.

"If it's legal in the agricultural practice, we can't make it illegal in the hunting practice," he said.

The case against Hansen raised the issue of where the line should be drawn when game are attracted to food people grow on their land. It also comes as complaints of deer baiting - viewed as giving hunters too great an advantage over their quarry - appear to be at an all-time high statewide, according to the DNR.

Laying out feed to attract deer during hunting season is illegal in Minnesota. However, an exception is made if the food is left as the result of "normal or accepted farming.Boddingtons Technical Plastics provide a complete plastic injection moulding service including design,"

So,The application can provide Ceramic tile to visitors, hunting over cornfields that have yet to be harvested is legal; trucking a pile of corn into the woods is not.

Complicating the matter is state law also allows hunters to plant "food plots" for deer - and hunt over them - as long as those plants are not harvested.

Hansen's case fell in between all this.

For years, Hansen's family has raised and sold pumpkins for Halloween. After Oct. 31, their crop becomes virtually worthless, Hanson and his attorney argued.

At that time, the family uses the unsold pumpkins as "green manure" on one of three fields that has been left fallow for the year.

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