10 



Mr. SCHULZE. Six years ago, as a member of this Committee, I 

 became concerned with what I called the innocent hunter problem. 

 What is that? That is if the average hunter is recommended by a 

 friend to a guide down on the Eastern Shore or somewhere; he calls 

 him up; he gets some of his friends; lines up a date; meets that 

 guide at 4:30 or 5:00 in the morning at a diner. They divide up; 

 they get into a pickup truck; they run out. The guide places them 

 in a blind before daylight, and at daylight, the shooting begins. 



If that area were baited, if there was corn in the water in front 

 of that blind, if there was supplemental feeding in the area around 

 that blind, that innocent hunter has absolutely no idea. And to ar- 

 rest him, to fine him, and to give him a record for such action is 

 unconscionable in my opinion. 



Well, what do we do about it? I did give it a lot of thought, and 

 I have come up with a proposed solution. And I think you know me 

 well enough that I am not in favor of more government forms or 

 regulations. But it seems to me that if we had a relatively simple 

 form, which a landowner or guide who has leased land could fill out 

 which would state the amount of feed put in an area, the date it 

 was put out, the type of feed, and this form would have three cop- 

 ies, one copy to be posted on either a board if it is an open field; 

 in a blind if there is a blind, like a duck or goose blind. And the 

 second copy would be retained by the landowner or lessee or the 

 farm manager, and the third copy would go to the local game en- 

 forcement agency or designee. 



That way, the local agency knows that the area was baited at a 

 certain date and a certain time, and if there is a court case, a judge 

 would be able to make a reasonable assumption whether the hun- 

 ter should have known about that or whether he has complied with 

 the date that is on the form, and if a conservation agent has to go 

 out and take a scoop in front of a blind, and he digs 16 or 17 times 

 and comes up with two or three kernels of corn, a judge would rea- 

 sonably understand that within 30 days, if a person put five or six 

 bushels of corn out there, there might be two or three kernels of 

 corn. If he comes up with 40 or 50 kernels, that is a different mat- 

 ter. But the one responsible would be the one who baited or fed 

 that area. 



Now, I know that everybody has a different solution, but it seems 

 to me that if something like this could be tested or tried in a two- 

 or three-county area or in one particular area for a season or two 

 seasons, I think it could be determined whether it is an effective 

 device. I have seen instances — although I have never been person- 

 ally involved, I have been in the area when arrests have been 

 made, and I think that the law is sometimes used to intimidate. 

 The law is sometimes used in an abusive way. 



It seems to me that we must do everything we can to protect the 

 innocent hunter. As Mr. Miller was saying, on the highways, yes, 

 there are posted speed limits. And on this form, it could be stated 

 that this area was baited at a certain time, and if the local law 

 says that you may not shoot over bait for 30 days, you can easily 

 look at that form and see when it was placed there. If it is 10 days 

 or 2 weeks or 3 weeks, you would then know when it was placed 

 there. 



