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our Illinois dqjartment director, will chair this committee. Without pre-ordaining the work of 

 the committee, which has not yet begun its task, we do believe that there could be some 

 modernization of the baiting regulations to improve their clarity, understanding by both the 

 sportsmen and law enforcement community, and their consistency of application/enforcement 

 by both Federal and State fish and wildlife officers, while at the same time e nsuring that these 

 regulations continue to address waterfowl conservation goals . We look forward to the work of 

 the committee toward this end. 



The Association supports the need for regulations (such as baiting) regarding the means and 

 methods of take, in addition to the regulation of season length and bag limits. Although we 

 agree that, for several reasons, its practice is not as wide-spread as during the market hunting 

 era, there are certain activities that inappropriately enhance the opportunity to take migratory 

 birds. These practices, if left unregulated, would not only contribute to a decrease in the 

 sustainability of migratory bird populations, but also create a significant inequity for sportsmen 

 in pursuit of their sport. Practices that diminish the element of fair chase in hunting should be 

 appropriately regulated. Therefore, we don't find much credence in the argument that regulation 

 of season and bag limit alone is sufficient to ensure "wise use* of this sustainable resource. 



Let me suggest five tests or standards that the review of the baiting regulations should consider. 



1. The regulation should clearly contribute to the sustainability of the resource . As you are 

 aware, Mr. Chairman, we have seen over the last two years what the restoration of water 

 (through adequate precipitation) in the prairie pothole breeding habitat of the US and Canada has 

 done for many of our duck populations. Some species populations are above long term average. 

 This obviously substantiates the vital need to maintain the a^ropriate quality and quantity of 

 habitat in these areas in order to ensure long term sustainability of the duck resources for the 

 enjoyment of both sportsmen and all of our citizens. However, for years prior to this recent 

 population increase, most duck populations, as you are also aware, were significantly depressed. 

 The signiflcance of regulations pertaining to the means and methods of take is particularly 

 important during these times of reduced populations to ensure sustainability of the resource and 

 equity in hunting opportunities. 



2. The regulation should be clearly and consistently understood by sportsmen in the field . 

 The baiting regulation does contain some words and phrases that lend themselves to expansive 

 discretion in their meaning. We fiilly understand the need for enforcement discretion and are 

 not suggesting that the baiting regulations could be rewritten in language that is "black and 

 white". We also fully appreciate that the circumstances of the particular hunt, the behavior of 

 the birds, and the experience and discretion of the law enforcement officer in interpreting these 

 factors are necessary "subjectivities" associated with enforcement of this regulation. We are 

 hopeful, however, that a thorough review by the Association's Special Committee may 

 recommend language which gives greater certainty to phrases such as "... so as to constitute 

 for such birds a lure, attraction or enticement to, on, or over any areas". Also, the phrase 

 "normal agricultural practices" could benefit from clarity. It does neither hunting nor resource 

 conservation any good to make sportsmen inadvertent violators of conservation regulations. 



