187 



vegetation was green and immature. The remaining ninety nine percent of the area was left to 

 grow to maturity. These unmown areas, which contained fully mature vegetation with seeds 

 readily accessible to feeding waterfowl, were deemed perfectly legal while the mown areas 

 which contained a minute amount of seed ( hundreds of times less than like sized unmown areas) 

 were deemed to constitute baiting. Such interpretations defy logic. The mowing certainly did 

 not make the ducks more susceptible to the gun or threaten the resource in any way. In fact, the 

 bag limit was 3 ducks per person and when we were arrested, after a little more than an hour of 

 hunting the nine of us collectively had bagged only 3 ducks total. This is hardly characteristic of 

 a "baited" area. Our hunting area was shut down for ten days (one third of the total season) and 

 after a bench trial our fines totalled over $10,000. 



In another situation, a manager of a state run waterfowl area seeded grass on a recently 

 completed levee to prevent soil erosion. He was informed that hunting in the blinds in the 

 vicinity of this levee would be considered a violation of the federal baiting law. Apparently once 

 the grass sprouts it is no longer considered baiting, unless of course you mow it at which time I 

 assume it would again be considered baiting. In reality, none of these things; seeding, growing, 

 or mowing has any effect on hunting success in the area. 



As a result of all this, sportsmen are left wondering what tomorrows interpretation of this 

 regulation will be and if they will be the next to be arrested. This is a very strong disincentive 

 for implementing moist soil management, or managing for waterfowl at all and is very divisive. 

 It is pitting sportsmen against the Fish anJ Wildlife Service when they should be working 

 together to preserve and enhance the waterfowl resource by providing high quality wetland 

 habitats. 



I strongly urge you to reform this law. Common sense regulations which are clear, 



