[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1533 Introduced in Senate (IS)]
105th CONGRESS
1st Session
S. 1533
To amend the Migratory Bird Treaty Act to clarify restrictions under
that Act on baiting, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 13, 1997
Mr. Breaux (for himself and Mr. Cochran) introduced the following bill;
which was read twice and referred to the Committee on Environment and
Public Works
_______________________________________________________________________
A BILL
To amend the Migratory Bird Treaty Act to clarify restrictions under
that Act on baiting, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Migratory Bird Treaty Reform Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The Migratory Bird Treaty Act was enacted in 1918 to
implement the 1916 Convention for the Protection of Migratory
Birds between the United States and Great Britain (for Canada).
The Act was later amended to reflect similar agreements with
Mexico, Japan, and the former Soviet Union.
(2) Pursuant to the Migratory Bird Treaty Act, the
Secretary of the Interior is authorized to promulgate
regulations specifying when, how, and whether migratory birds
may be hunted.
(3) Contained within these regulations are prohibitions on
certain methods of hunting migratory game birds to better
manage and conserve this resource. These prohibitions, many of
which were recommended by sportsmen, have been in place for
over 60 years and have received broad acceptance among the
hunting community with one principal exception relating to the
application and interpretation of the prohibitions on the
hunting of migratory game birds by the aid of baiting, or on or
over any baited area.
(4) The prohibitions regarding the hunting of migratory
game birds by the aid of bait, or on or over bait, have been
fraught with interpretive difficulties on the part of law
enforcement, the hunting community, and courts of law. Hunters
who desire to comply with applicable regulations have been
subject to citation for violations of the regulations due to
the lack of clarity, inconsistent interpretations, and
enforcement. The baiting regulations have been the subject of
multiple congressional hearings and a law enforcement advisory
commission.
(5) Restrictions on the hunting of migratory game birds by
the aid of baiting, or on or over any baited area, must be
clarified in a manner that recognizes the national and
international importance of protecting the migratory bird
resource while ensuring consistency and appropriate enforcement
including the principles of ``fair chase''.
SEC. 3. CLARIFYING HUNTING PROHIBITIONS.
Section 3 of the Migratory Bird Treaty Act (16 U.S.C. 704) is
amended--
(1) by inserting ``(a)'' after ``Sec. 3.''; and
(2) by adding at the end the following:
``(b)(1) No person shall--
``(A) take any migratory game bird by the aid of baiting,
or on or over any baited area, where the person knows or
reasonably should have known that the area is a baited area; or
``(B) place or direct the placement of bait on or adjacent
to an area for the purpose of causing, inducing, or allowing
any person to take or attempt to take any migratory game bird
by the aid of baiting or on or over the baited area.
``(2) Nothing in this subsection prohibits any of the following:
``(A) The taking of any migratory game bird, including
waterfowl, from a blind or other place of concealment
camouflaged with natural vegetation.
``(B) The taking of any migratory game bird, including
waterfowl, on or over--
``(i) standing crops, flooded standing crops
(including aquatics), flooded harvested croplands,
grain crops properly shocked on the field where grown;
or
``(ii) grains, agricultural seeds, or other feed
scattered solely as a result of--
``(I) accepted soil stabilization practices
or accepted agricultural planting, harvesting,
or manipulation after harvest; or
``(II) entering or exiting of areas by
hunters or normal hunting activities such as
decoy placement or bird retrieval, if
reasonable care is used to minimize the
scattering of grains, agricultural seeds, or
other feed.
``(C) The taking of any migratory game bird, except
waterfowl, on or over any lands where salt, grain, or other
feed has been distributed or scattered as a result of--
``(i) accepted soil stabilization practices;
``(ii) accepted agricultural operations or
procedures; or
``(iii) the alteration for wildlife management
purposes of a crop or other feed on the land where it
was grown, other than distribution of grain or other
feed after the grain or other feed is harvested or
removed from the site where it was grown.
``(3) As used in this subsection:
``(A)(i) Except as otherwise provided in this Act, the term
`baiting' means the intentional or unintentional placement of
salt, grain, or other feed capable of attracting migratory game
birds, in such a quantity and in such a manner as to serve as
an attractant to such birds to, on, or over an area where
hunters are attempting to take them, by--
``(I) placing, exposing, depositing, distributing,
or scattering salt, grain, or other feed grown off-
site;
``(II) redistributing grain or other feed after it
is harvested or removed from the site where grown;
``(III) altering agricultural crops, other than by
accepted agricultural planting, harvesting, or
manipulation after harvest, altering millet planted for
nonagricultural purposes (planted millet), or altering
other vegetation (as specified in migratory bird
hunting regulations issued by the Secretary of the
Interior) planted for nonagricultural purposes; or
``(IV) gathering, collecting, or concentrating
natural vegetation, planted millet, or other vegetation
(as specified in migratory bird hunting regulations
issued by the Secretary of the Interior) planted for
nonagricultural purposes, following alteration or
harvest.
``(ii) The term `baiting' does not include--
``(I) redistribution, alteration, or concentration
of grain or other feed caused by flooding, whether
natural or man induced; or
``(II) alteration of natural vegetation on the site
where grown, other than alteration described in clause
(i)(IV).
``(iii) With respect only to the taking of waterfowl, the
term `baiting'--
``(I) does not include, with respect to the first
special September waterfowl hunting season locally in
effect or any subsequent waterfowl hunting season, an
alteration of planted millet or other vegetation (as
specified in such regulations), other than an
alteration described in clause (i)(IV), occurring
before the 10-day period preceding the opening date (as
published in the Federal Register) of that first
special season; and
``(II) does not include, with respect to the first
regular waterfowl hunting season locally in effect or
any subsequent waterfowl hunting season, such an
alteration occurring before the 10-day period preceding
the opening date (as published in the Federal Register)
of that first regular season.
``(B) The term `baited area' means any area that contains
salt, grain, or other feed referred to in subparagraph (A)(i)
that was placed in that area by baiting. Such an area shall
remain a baited area for 10 days following complete removal of
such salt, grain, or other feed.
``(C) The term `accepted agricultural planting, harvesting,
and manipulation after harvest' means techniques of planting,
harvesting, and manipulation after harvest that are--
``(i) used by agricultural operators in the area
for agricultural purposes; and
``(ii) approved by the State fish and wildlife
agency after consultation with the Cooperative State
Research, Education, and Extension Service, the Natural
Resources Conservation Service, and the United States
Fish and Wildlife Service.
``(D) The term `accepted agricultural operations or
procedures' means techniques that are--
``(i) used by agricultural operators in the area
for agricultural purposes; and
``(ii) approved by the State fish and wildlife
agency after consultation with the State Cooperative
State Research, Education, and Extension Service, the
State Office of the Natural Resources Conservation
Service, and the United States Fish and Wildlife
Service.
``(E) The term `accepted soil stabilization practices'
means techniques that are--
``(i) used in the area solely for soil
stabilization purposes, including erosion control; and
``(ii) approved by the State fish and wildlife
agency after consultation with the State Cooperative
State Research, Education, and Extension Service, the
State Office of the Natural Resources Conservation
Service, and the United States Fish and Wildlife
Service.
``(F) With respect only to planted millet or other
vegetation (as designated in migratory bird hunting regulations
issued by the Secretary of the Interior) planted for
nonagricultural purposes, the term `planted'--
``(i) subject to clause (ii), means sown with seeds
that have been harvested; and
``(ii) does not include alteration of mature stands
of planted millet or of such other vegetation planted
for nonagricultural purposes.
``(G) The term `migratory game bird' means any migratory
bird included in the term `migratory game birds' under part
20.11 of title 50, Code of Federal Regulations, as in effect
October 3, 1997.''.
SEC. 4. PENALTIES.
Section 6(c) of the Migratory Bird Treaty Act (16 U.S.C. 707(c)) is
amended as follows:
(1) By striking ``All guns,'' and inserting ``(1) Except as
provided in paragraph (2), all guns''.
(2) By adding the following at the end:
``(2) In lieu of seizing any personal property not crucial to the
prosecution of the alleged offense, the Secretary of the Interior shall
permit the owner or operator of the personal property to post bond or
other collateral pending the disposition of any proceeding under this
Act.''.
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