34 



that the rangers who actually made the arrests were here to be 

 able to answer those questions for us, you know, why did you wait 

 so long? Why did you do that? Is this the policy of the Fish and 

 Wildlife Service. 



I have nothing further, Mr. Chairman. 



Mr. Vento. Would you yield to me just briefly, Barbara? 



Mrs. CUBIN. Sure, Bruce. 



Mr. Vento. Just briefly, I think one of the issues, of course, is 

 that the responsibility resides in this case with the hunter, the li- 

 cense and so forth. But the question is — and I guess some states, 

 talking to staff, suggest that some of this does reside with the land- 

 owner. In other words, if the landowner actually has gone through 

 this action, and they give the permission to hunt, then they, then, 

 should have a responsibility. Of course, I know what that means: 

 more posted signs, from my own standpoint. But, I mean, I am just 

 suggesting that if there is a solution here, because I do think that 

 most of you are coming forth in good faith, and most of you — other 

 than Mr. Pelham — said something about actually being in favor of 

 baiting as a technique, but I think most of you probably agree that 

 that is not the way to hunt. 



And we do not really do that much in my State. So, I just wanted 

 to comment, and I appreciate your yielding, Barbara, on that point. 



Mrs. CUBIN. Sure. 



I have nothing further. I yield back, Mr. Chairman. 



The Chairman. We have a vote on, and again, gentlemen 



Mr. Boe? 



Mr. BOE. Very quickly on the condition of this field. This field 

 was of the nature that the agents could come in the day before to 

 have access to this field and inspect the field. Public access was 

 available to this field, as exhibited by U.S. Fish and Wildlife who 

 came in to check the field prior to the hunt and determined that 

 it was baited. Anybody could come out on that field. It was private 

 property, but there were access roads coming in from a major high- 

 way to it that anybody knowledgeable of the area could have used 

 at any time or night to come in and place anything in that field. 



I do not know Herman Sanchez personally. I know he is an hon- 

 orable man in Dixie County. People speak very well of him. He is 

 a civic-minded citizen, and I do not think he went out and baited 

 the field. But I will say people had access to his field. 



The Chairman. We have a vote on. 



Mr. Vento. Well, Mr. Chairman, I think if there is entrapment 

 or other factors that are involved, I mean, then, it is a different 

 matter. 



Mr. BOE. True. 



Mr. Vento. The law goes in a different direction, I think, then. 

 There are a lot of lawyers here. They could tell you. 



The Chairman. We have a vote on, and I apologize again to the 

 witnesses. We will try to be back here at 15 minutes after. 



[Recess.] 



The Chairman. The Committee will come to order. Hello! Every- 

 body in the back of the room, take a seat. 



It has been brought to my attention that the $5,000 fine was a 

 result of a legislative increase in class B misdemeanors, the Fine 

 Enhancement Act of 1988. Where that ever came from, I am sure 



