Ryan Barnes and Corey Mulhair for SPLIT REED
Split Reed received a lot of comments early on in the publication of this article, so some edits have been made to clarify our position. The most important thing is that if a field is even remotely posted, DO NOT HUNT WITHOUT EXPLICIT PERMISSION FROM THE LANDOWNER. It may be an old tire hung up on a fence with ‘No Hunting’ written across is, or perhaps only one POSTED sign on the field (instead of 3, one every 1/2 mile on half-mile square). Maybe it’s just a real old posted sign that’s been sitting at the field approach for years. Do not assume because it’s merely not ‘properly posted’ that you have an excuse to hunt it without talking to the farmer. Not a single thing to make you think it could be posted? Sure, you probably won’t have a problem hunting it, but still a good idea to talk to the farmer. At the end of the day, it is the Farmer/Landowners property. Respect it! Respect their decisions. In North Dakota, you are a welcome guest, but only so long as you play by the rules (like most places!) These following links should be explored if any confusion arises – North Dakota Game and Fish Private Lands page – ND Legislative Council Memorandum on Trespass
With the Canadian border closed due to the COVID-19 pandemic, many freelance hunters have been left twiddling their thumbs, wondering where to go to get their hunting fix. It’s been a hot button subject all over social media, with everyone chiming in about how the birds ‘won’t be pressured enough to migrate down’, or that ‘when they do migrate down, they will be less pressured’ therefore being easier to hunt.
Another shared idea that seems to be getting passed around quite a bit is that a lot of freelancers will head up to North Dakota to get their early season goose shoots in, and regular season hunter numbers will be greatly inflated compared to normal years. Is that a real possibility? Is it something that people are really planning to do?
If so, and if it overwhelms the state’s landowners, there are some changes that may be made, specifically around current trespass and permission laws. Laws that if changed, could make hunting North Dakota harder for everyone in the future. it’s something that hunters need to keep in mind. Luckily for us, Split Reed’s content manager Corey Mulhair is a North Dakota resident and was willing to give us a look at what things would look like if greatly above-average numbers of freelancers head to NoDak.
“As it stands right now, trespass laws and specific laws regarding trespassing onto private agricultural lands are pretty lax for hunters,” Mulhair states, talking about the current laws in place. “If you find a field that is loaded with birds, and it’s not posted at all, you have the legal right to hunt that field, so long as you’re following all the other game and fish laws. If a field only has a posted sign on even just one approach to the field, then the farmer doesn’t want you in his fields so respect that and get permission if possible. Don’t hunt it and use the ‘improperly posted field’ guise as an excuse when Mr. Greenjeans shows up. You cannot legally hunt what we may refer to as “improperly posted fields”. If the farmer shows up to run you off, more than like G&F is going to ask you to leave and likely with a fine. Not to mention your hunt will be blown already once an angry landowner comes barreling across a field in a pickup”. He then follows, “That’s pretty much it, if it’s not posted, you can hunt it. But make sure it truly is not posted. There’s not much to it. If it does happen to be posted, a lot of times getting permission isn’t all that difficult.”
North Dakota is known to be a waterfowl dream. Abundant bird numbers, immense numbers of farmland, and generous laws regarding private property aren’t secrets about North Dakota- but rights to hunt can become restricted if laws are passed to ‘automatically’ post land.
When asked about certain changes that could happen if freelancers decided to hit North Dakota hard this year, Mulhair stated, “These trespass laws have been up in the air for years, and I’m thinking that if the fields, farms, the farm property, and these small-town communities aren’t treated right, then you’ll see it become automatic no-trespassing like every other state in the country.” Mulhair is certain that this season will have a higher number of freelancers in North Dakota with the Canadian border being closed. This means more people will need to be mindful of what their actions will entail as they hunt the Peace Garden state if they wish to continue to do so in the future. “The reality is that non-resident hunters are welcome but aren’t owed anything. I think guys need to keep that in mind. There are plenty of birds around, but just because you took time off, traveled, and paid for a license doesn’t mean you’ll be gifted with great hunting”.
“North Dakota and South Dakota are great states to hunt and freelance, but because of the trespass laws in North Dakota, it’s easy to be efficient about it. If you find a giant feed in South Dakota you have to get permission, and if you can’t get permission, you have to move on. But, in North Dakota, if you find a giant feed and it’s not posted, you can hunt it. If it’s even remotely posted with an old tire or old sign, it means you should try to get permission from the farmer, but be ready to need to find another hunt. My advice is always to find a ‘Plan B’ because though many farmers will give permission, there are still plenty who won’t. Be it because they themselves or their friends hunt, or they simply don’t want strangers on their land with guns” Corey says. He goes on saying, “Do not interpret the game and fish regulations about posted land HAVING to be posted at each corner of the field. Sure, it says no more than 880 yards which is a half a mile, but if you blatantly disrespect the landowner or farmer by using that excuse, I’m going to be pulling for the Warden to ticket you- it doesn’t help the hunting community to be willing to trespass onto private land to shoot some birds”.
These points are brought up to help folks understand that these trespass laws in North Dakota are up in the air, and if they are abused and broken, they likely will be changed the next time they are introduced in the legislature. We want it made clear that even if the ground isn’t “properly” posted, it is still private ground, and hunters should still obtain permission to hunt a person’s property. “The best part is that many farmers understand that most hunters are respectful of the landowner, and will give permission. Many of them truly just want to know who is going to be out there. Some might be working a field doing falls work and will have to decline your request; and hunters should respect that. Some farmers post land to protect their deer or pheasant hunting and will be okay with waterfowlers. It’s best to talk to a farmer if possible. North Dakotans are great people, who have a love of hunting and are generally happy to help you have a good time by giving permission” says Mr. Mulhair.
Another thing to consider when freelancing North Dakota is the fact that it is a “No-Till” farming state. Meaning that the farmers don’t till the fields after harvest. A method designed to preserve soil moisture and prevent erosion. It also can pose a challenge for those intending to drive trucks into fields, loaded down with trailers and decoys. “If you encounter a field that’s wet, common sense should come into play. The first thing to think is; how bad do you want to drive into a stranger’s farm field, and get stuck with your pick-up and trailer? Not ‘am I willing to risk it and piss a guy off’. If you do that, you’re either going to be leaving that thing there until it dries up enough to get it out, or you’re going to be calling the farmer and saying ‘hey, I’m stuck’ and they’ve got to drop what they’re doing, go get a rig, whether it’s a big pick-up or probably a tractor (because they know better than to go out into a field with a diesel or a pick-up) and maybe they’ve gotta take an implement off their tractor, hook up their tow-chains or rope, and go get you out of their field, and they don’t even know you,” says Corey.
That’s the first element of being smart when in areas with no-till fields (or any field for that matter) “the second piece of it is if you’re in a muddy field and you don’t get stuck, but you leave ruts behind because a vehicle weighs so much- if that field doesn’t level out by snowfall or rain, which most the time it doesn’t, well now you’ve got an uneven plane where a tractor using no-till drills is going to have the seed get put in too shallow, or just onto the surface of that rut, and the crop’s not going to come through, or the farmer won’t have even emergence. This may not seem like a big deal, but it’s very annoying for these farmers who don’t ask for these problems to have them. Also, ruts mean bumps and that’s not good for machines and annoys the hell out of a grower.”
If you are traveling to North Dakota this year, remember that it is your job as a guest to the state to be smart, respectful, and courteous. Help keep North Dakota hunting heritage strong by setting a good example as a hunter who is legally trespassing on privately owned land. When in doubt, call the farmer.
Another thing to keep in mind is unharvested or partially-harvested fields. The non-posted rule only applies to harvested fields, which are obviously combined fields. Fields that have been swathed are not harvested! Hunting a swathed field without permission could land you without a pickup or a shotgun! Some farmers will allow you to hunt swathed fields, others will not- always ask if you aren’t sure. And, in case it is not obvious- do not hunt unharvested fields!
Looking for tips on obtaining permission? Check out this past Split Reed article and afterward give this one a look as well!
