85 



The Chairman. Whitewing doves. 



Mr. BOYNTON. And so there is, in fact, a division within the juris- 

 dictions, which causes some problems for Congress, because Con- 

 gress is enforcing a treaty. Now, a lot of these cases have been ap- 

 pealed to the Supreme Court, and the Supreme Court has refused 

 to hear them. But in one case. United States v. Catlett, Justice 

 White dissented, and he said we have a problem since the enforce- 

 ment ought to be uniform in all of the states, because we have an 

 international obligation by treaty. But the Supreme Court is not 

 going to do it; the Fish and Wildlife Service is not going to do it. 

 It has to be the Congress. 



The Chairman. Yes; the other thing, too, I was teUing one of the 

 staff a few minutes ago that one of the most deplorable things I 

 have seen — here, we are worried about our Fish and Wildlife Serv- 

 ice arresting 80 people or 100 people in Florida, and they shot 420 

 birds. I saw a picture of dove hunting in Mexico the other day. 

 They had 11,000 birds in the back of a truck. This is supposed to 

 be an international Migratory Bird Treaty. I get a little concerned 

 about that, you know. I want you to know that I do not know how 

 we can solve that problem, but the Fish and Wildlife Service had 

 better recognize that this problem goes far beyond getting some- 

 body in Florida. 



Which reminds me, Mr. Boynton, based on the legal experience 

 you have had, do you believe that the problems associated with law 

 enforcement with the baiting regulations can be resolved by regu- 

 latory reform? 



Mr. Boynton. No, I do not. 



The Chairman. You do not? 



Mr. Boynton. I think there has to be a law that is pretty spe- 

 cific. The entire basis of the Secretary's authority is three words: 

 "The Secretary shall promulgate." That is all the guidance he has 

 in those regulations. 



The Chairman. A free license, then. 



Mr. Boynton. Pardon me? 



The Chairman. I mean, the Secretary and the agency has a free 

 license, then. 



Mr. Boynton. That is exactly right. But I think we have 60 

 years of experience to show that it is not working in this area, and 

 I think that Congress has to be specific, talk about "zone of influ- 

 ence" in terms of yards or miles or whatever it may be. And that 

 is not only for the hunter; I think the law enforcement people need 

 it too. But I do not think it is going to be self-regulating by the Ex- 

 ecutive Branch of Government. 



The Chairman. Last question, Mr. Boynton. Do you have any 

 specific suggestions or resolutions to the strict liability doctrine to 

 hunters? 



Mr. Boynton. I think there ought to be consideration of strict li- 

 ability for the landowner or the lessor, and I think there ought to 

 be a benchmark of negligence on the hunter. Now, if the Govern- 

 ment can prove that he should have known, he was negligent in 

 not finding the alleged bait, they have to prove it. There ought to 

 be a burden of proof on the Government. 



