159 



Mr. Chanmn and Members of the Conunittee on Resources: 



My iKme is Jehn Cooper md I ^>ptmt before you to offer my perspectives on the contrownial issues related 

 to the "iiaiiing" of migratoiy bircfa More specifically, I wish to o^ testimony in regards to the legal aod 

 rthir a l wttww Bvoived in the eitforcemeDi of the current migratory bird hunting regulations contained in SO 

 CFRPart20 



Peraonal B«ckfrotf«L 



To more fiiUy unkfstand my testimony, I believe it would be hdpAJ to <he Conunittee to provide a brief 

 backgroind of my eq>erienc«: I am currently the Secretary bt the State of South Dakota's GanK, Fish and 

 Paila Department I took my present position two days after retiring from a 22-year career as a Sonor 

 Resident Agent (Special Agent) wiA the Law Enforcement DivisioD of the U.S. Fish and Wildhfe Service. 

 During my career as a USFWS Special Agent, I participated as either case agent or as supporting agent on a 

 mmimum of 50 "baitmg cases" involvuig the unlawful hunting of waterfowl and/or doves. I have taught 

 numerous training classes concemuig wildlife laws, including the enforcement of SO CFR Part 20, to new 

 Special Agents, state wildlife ofiBcers, tribal wildlife officers, and other federal wildlife/natural resource 

 penonneL In 1990, 1 was appointed by then Director of the USFWS, John Turner, to serve as the Service 

 liaison officer to a six-person Law Enforcement Advisory Commission convened by Director Turner to 

 review and evaluate Law Enforcement Division programs and policies, including the enforcement of 

 "baiting**. 



Duhng my career. I was hoBored to receive several professional awards, including tfie South Dakota Wildlife 

 Federatian Award as Conservationist of the Year (1991), South Dakou Chapter of the Wildlife Society 

 Award as Wildlifie Professianal of the Year (1981), North Dakou United Sportsman Award as Law 

 Enfbrcemati Officer of the Year (1977). National Fish and Wildlife Foundation Guy Bradley Award for 

 Professionaliam in Wildlife Law Enforcement 



Finally, I consirlw it a privilege to have been raised as a hunter and fisherman by a fiither and two 

 graod&thers who were great role models as sportsmen and outdoorsmen. I have been a hunter all my life and 

 I treasure hunting as an int^ral part of my personal lifestyle and value system. I am a longtime sponsor of 

 Ducks Unlimited and a member of the National Wild Turkey Federation and the Nordi American Hunting 

 Club. My son and daughter are bodi hunters and fisher; and I believe they will continue to carry forth my 

 £uniltes' strong passion «id comimtnwnt for fair chase, ethical hunting and qualrty outdoor expenences. 

 That said, let me turn my attentions to the issues of the Migratory Bud Treaty Act F*rt 20 Hunting 

 Regulations, and "baftuig**. 



Backgroia>d/Historit|J Perspectives Regarding the Baiting Regulations 



Contnyvcrsy over the wording, prohibitions, and enforcement of the federal baiting regulations is nodiing 

 new First established by rule in 193S, prohibitions on baiting have been changed approximately 17 times 

 over the past 61 yean. However, no substantial changes have occurred over at the last 23 years and the 

 regulatian (SO CFR 20.21 (i)) has been frequently and substantially upheld by District and Appeal Courts 

 throu^tout tbe country. Baiting cases constitute the most substantial body of case precedent and Judicial 

 review of any migratory bird hunting regulation contained in Part 20. 



