176 



The answers for regulatory reform may not be easy but they must, in my judgment, be 

 addressed by the Congress as soon as practicable. In fact, since the Supreme Court has declined 

 to address the problem of a uniform application of the regulations in the courts, the Congress 

 may have an independent duty relative to the appropriate implementation of the Migratory Bird 

 Treaty. In United States v. Catlett, 747 F.2d 1 102 (6th Cir. 1984), a petition for c^iTT^was filed 

 in the Supreme Court but was denied. Catlett v. United States, 471 U.S. 1074 (1985) Justice 

 White, however, supported the petition by quoting with approval the language in United States v. 

 Delahoussaye that noted that, since the baiting regulations were founded on an international 

 treaty entered into by all the United States, the regulations " 'should not mean one thing in one 

 state and another elsewhere' " 573 F.2d at 913 (5th Cir. 1978). I believe this Committee has the 

 opportunity to initiate a constructive and substantive effort to establish order where confusion 

 now reigns. The majority of courts have clearaly indicated they will not alter their position on 

 strict liability The Fish & Wildlfie Service will not, or cannot, correct the problem through 

 regulatory reform. In fact, I would suggest that the Division of Law Enforcement has no interst 

 in addressing the problem since convictions are ready made for any factual pattern involving a 

 question of bait. But, I submit, this circumstance should not continue. 



I would, therefore, recommend that the House Resources Committee appoint a task force 

 study committee to thoroughly review the issue and report with specific legislative 

 recommendations for the next Congress. Issues that should be addressed would include, but 

 certainly not limited to, the strict liability doctrine on hunters, landowners, and lessors, the issue 

 of normal and bona fide agriculture practices and procedures; the issue of "manipulated" crops; 

 the issue of a negligent standard as to "knew, or should have known;" and the issue of a practical 

 standard relating to hunting "on, or over a baited field" and the "zone of influence." 



I would further suggest that the Fish & Wildlfie Service not proulgate any further 

 regulations on the subject until the task force completes its work 



Such a task force should seek the counsel of all persons who would care to participate in a 

 good faith effort to address the problem, including state and federal officials, lawyers. Members 



11 



