The International Association of Fish and Wildlife Agencies' Ad Hoc Committee on Baiting, chaired by Brent Manning of the Illinois Department of Natural Resources, has apparently completed their proposed changes to 50 CFR 20.21(i).As you can see from the comparison of the current regulation to the proposal, there are significant differences. The Ad Hoc Committee was composed of 16 members, with some technical and legal advisors. It appears 10 of the members (states) fully support the proposal as written. The proposed regulations will be submitted to the IAFWA and onto the Service as a final recommendation.

As many of you know, a select group of our own members also reviewed the baiting regulations a few years ago. That group of highly experienced law enforcement professionals also produced a recommendation to the Service. My recollection is that recommendation concluded there were few changes necessary to the baiting regulation, as it was time proven and had a substantial Court record.

Following are the proposed changes, as well as the current regulation. It might be helpful to read the FWOA Statement of Purpose before you read the proposed regulation, and then read it again after you've read the proposed changes.

Current Regulation

Migratory birds on which open seasons are prescribed in this part may be taken by any method except those prohibited in this section. No person shall take migratory game birds:

Proposed Regulation
Approach #3, dated April 18, 1997

Migratory birds on which open seasons are prescribed in this part may be taken by any method except those prohibited in this section. No persons shall take migratory game birds:

(i) 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.

It shall be unlawful for any person to 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 migratory game birds by the aid of baiting or on or over the baited area.

Current Regulation

As used in this paragraph, ``baiting'' shall mean the placing, exposing, depositing, distributing, or scattering of shelled, shucked, or unshucked corn, wheat or other grain, salt, or other feed, so as to constitute for such birds a lure, attraction or enticement to, on, or over any areas where hunters are attempting to take them:

Proposed Regulation

``Baiting'' means the placement of salt, grain or other feed capable of attracting migratory game birds, in such a manner as to serve as an attractant to such birds to, on or over areas where hunters are attempting to take them by:

(1) placing, exposing, depositing, distributing or scattering in such manner salt, or such grain or other feed grown off-site;

(2) redistributing in such manner such grain or other feed after being harvested or removed from the site where grown;

(3) altering in such manner agricultural crops including millet planted for non-agricultural purposes (``planted millet'') and other vegetation planted for non-agricultural purposes as designated in federal migratory bird hunting regulations (``designated planted vegetation'') other than by accepted agricultural planting, harvesting, or manipulation after harvest. For purposes of this paragraph (3), ``planted'' means sown with seeds that have been harvested, and shall not include alteration of mature stands of planted millet or of other designated planted vegetation; or

(4) gathering, collecting or concentrating in such manner natural vegetation, planted millet or other designated planted vegetation following alteration or harvest. Redistribution, alteration or concentration of grain or other feed caused by flooding, whether natural or man-induced, shall not constitute baiting. Except as provided in paragraph (4), alteration of natural vegetation on the site where grown shall not constitute baiting. With respect only to the taking of waterfowl, except as provided in paragraph (4), alteration of planted millet or other designated planted vegetation more than 10 days prior to the opening date of:

(1) the first special September waterfowl season locally in effect shall not constitute baiting; and (2) the first regular waterfowl season locally in effect shall not constitute baiting for that season and all subsequent waterfowl seasons.

Definition of ``Baited Area''

``baited area'' means any area where shelled, shucked, or unshucked corn, wheat or other grain, salt, or other feed whatsoever capable of luring, attracting, or enticing such birds is directly or indirectly placed, exposed, deposited, distributed, or scattered; and such area shall remain a baited area for 10 days following complete removal of all such corn, wheat or other grain, salt or other feed.

Proposed Regulation

Definition of ``Baited Area''

``Baited area'' means any area containing salt, grain or other feed, referred to in the definition of baiting and identified as baiting. Such area shall remain in baited area for 10 days following complete removal of such salt, grain or other feed.

Definition of ``Accepted Agricultural Planting, Harvesting and Manipulation after Harvest''

``Accepted agricultural planting, harvesting and manipulation after harvest'' means these techniques used by agricultural operations in the area solely for agricultural purposes and approved by state fish and wildlife agency after consultations with the Cooperative State Research, Education and Extension Service, Natural Resources Conservation Service and the U.S. Fish and Wildlife Service.

Definition of ``Accepted Agricultural Operations and Procedures''

``Accepted agricultural operations or procedures'' means techniques used by agricultural operations in the area solely for agricultural purposes and approved by the state fish and wildlife agency after consultation with the Cooperative State Research, Education and extension Service, Natural Resources Conservation Service and the U.S. Fish and Wildlife Service.

Definition of ``Accepted Soil Stabilization Practices''

``Accepted soil stabilization practices'' means techniques used in the area solely for soil stabilization purposes and approved by the state fish and wildlife agency after consultation with the Cooperative State Research, Education and Extension Service, Natural Resources Conservation Service and the U.S. Fish and Wildlife Service.

However, nothing in this section shall prohibit:

(1) The taking of all migratory game birds, including waterfowl, from a blind or other place of concealment camouflaged with natural vegetation.

Current Regulation

(1) The taking of all migratory game birds, including waterfowl, on or over standing crops, flooded stand crops (including aquatics), flooded harvested croplands, grain crops properly shocked on the field where grown, or grains found scattered solely as the result of normal agricultural planting or harvesting.

Proposed Regulation

(2) The taking of all migratory game birds, including waterfowl, on or over standing crops, flooded standing crops (including aquatics), flooded harvested croplands, grain crops properly shocked on the field where grown, or grains or agricultural seeds found scattered solely as the 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 of normal hunting activities such as decoy placement or bird retrieval if reasonable care is used to minimize the scattering of grain or agricultural seeds.

Current Regulation

The taking of all migratory game birds, except waterfowl, on or over any lands where shelled, shucked, or unshucked corn, wheat or other grain, salt, or other feed has been distributed or scattered as the result of bona fide agricultural operations or procedures, or as a result of manipulation of a crop or other feed on the land where grown for wildlife management purposes: Provided, That manipulation for wildlife management purposes does not include the distributing or scattering of grain or other feed once it has been removed from or stored on the field where grown.

Proposed Regulation

The taking of all migratory game birds, except waterfowl, on or over any lands where salt or other feed has been distributed or scattered as the result of accepted soil stabilization practices or accepted agricultural operations or procedures, or as a result of alteration of a crop or other feed on the land where grown for wildlife management purposes: Provided, That alteration for wildlife management purposes does not include redistributing grain or other feed after being harvested or removed from the site where grown.

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