185 



nonbaiting is not quantifiable. The only time that one can be sure that a harvested grain field is 

 in fact "baited" is after it is assessed as such by a law enforcement official. 



Finally, a significant disparity exists between what is considered illegal acfivity for waterfowl 

 hunUng and what is illegal for hunting other migratory game birds, including mourning dove. 

 Waterfowl hunting requires scattered or waste grain to be the result of harvesting or planting, 

 while dove hunting requires the scattered or waste grain to be the result of a bone fide 

 agricultural operation. This disparity results in confusion within the hunting community 

 regarding which standards should be followed to ensure compliance with the law. And because a 

 general lack of consistency exists with respect to individual enforcement, the hunting and 

 farming communities have little or no guidance to help them in avoiding liability under the 

 regulations. 



The combination of these three factors can lead to enforcement actions in which the individual 

 hunter is adjudged guilty of a federal offense without ever having a reasonable opportunity to 

 comply with the law. Unless a hunter is intimately aware of "normar" farming practices within a 

 given region, meticulously dissects a hunting area for grain not associated with such practices, 

 and can expertly define what differentiates an agricultural "operation" from agricultural 

 "harvesting or planting," he or she can be subject to federal prosecution. As said, even under 

 these questionable assumptions, a hunter would still be guilty of a violation if an individual fish 

 and wildlife officer's subjective determination is that baiting has occurred. Clearly, the 

 regulations are in need of refinement. 



IV 

 The Solution 



The task is to develop refinements to the baiting regulations which are fundamentally fair to the 

 individual hunter and also recognize the importance of protecting migratory game birds from 

 excessive harvest. With these overarching goals in mind, the NRA recommends that a task force 

 be established to review the migratory bird baiting regulations and idenfify ways in which to 

 improve clarity of definitions and fairness and consistency in enforcement. This task force 

 should be composed of representatives of the FWS, state fish and wildlife agencies, and the 

 hunting community. 



In 1990, the FWS" Law Enforcement Advisory Commission recommended that "a task force ... 

 be established to review 50 CFR Part 20 (migratory bird hunting regulations) in an effort to 

 clarify and simplify the existing regulations." Unfortunately, the FWS has yet to act on the 

 Commission's advice. The NRA urges the Committee on Resources, through its vision and 

 leadership, to ensure the establishment of such a task force as soon as practicable. The NRA 

 would suggest that any legislative proposals to amend the Act or refine the baiting regulations be 

 postponed until such a task force has the opportunity to address the identified problems. 



