MIGRATORY BIRD TREATY AND FWS 



WEDNESDAY, MAY 15, 1996 



House of Representatives, 



Committee on Resources, 



Washington, DC. 

 The Committee met, pursuant to call, at 11:08 a.m., in room 

 1324, Longworth House Office Building, Hon. Don Young (Chair- 

 man of the Committee) presiding. 



STATEMENT OF HON. DON YOUNG, A U.S. REPRESENTATIVE 

 FROM ALASKA; AND CHAIRMAN, COMMITTEE ON RESOURCES 



The Chairman. The Committee will come to order. 



More than a decade ago, the House Fisheries Subcommittee con- 

 ducted a series of hearings on Federal baiting regulations and the 

 Migratory Bird Treaty Act. At that time, there were many wit- 

 nesses who believed that these regulations were flawed, and inno- 

 cent hunters were being prosecuted. 



Today, these regulations remain highly controversial, and bird 

 hunters still face a minefield of confusion as to what constitutes a 

 baited field and what is a bona fide agricultural practice and what 

 is a zone of influence. In addition, unlike most other laws, the U.S. 

 Fish and Wildlife Service does not have to prove intent or that a 

 hunter even knew a field was baited. 



The fundamental issue in these baiting cases is whether our mi- 

 gratory birds are being protected or whether the Fish and Wildlife 

 Service is more interested in obtaining headlines through high-pro- 

 file law enforcement sting operations. On October 13th of last year, 

 Senator Charles Williams of Tallahassee invited 500 Floridians to 

 join with him in a charity dove hunt in Dixie County, Florida. The 

 purpose of the hunt was to raise money for Florida Sheriffs Youth 

 Ranches, a nonprofit organization that provides a lifeline for 

 abused, troubled and orphaned children throughout the State. 



After more than 3 hours of hunting, law enforcement agents of 

 the Fish and Wildlife Service stopped the hunt, seized more than 

 440 birds and cited 88 individuals for allegedly hunting over a bait- 

 ed field. Among those cited were three county sheriffs, a regional 

 commissioner of the Florida Game and Freshwater Commission, 

 mayors, clerks of the court, Florida prison officials and city and 

 county commissioners. The agents even raided an adjoining farm 

 and cited several University of Florida students. 



While I do not know whether it was a good or a bad bust, a num- 

 ber of those cited strongly believe that the only thing baited, 

 trapped, tried and fined on that hot October day were law-abiding 

 citizens. 



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