II 

114TH CONGRESS 

1ST SESSION S. 595 

To amend the Migratory Bird Treaty Act to prohibit baiting exemptions 

on certain land. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 26, 2015 

Mr. COTTON (for himself and Mr. BOOZMAN) 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 prohibit baiting 

exemptions on certain land. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Hunter and Farmer 

5 Protection Act of 2015’’. 

6 SEC. 2. BAITING OF MIGRATORY GAME BIRDS. 

7 Section 3 of the Migratory Bird Treaty Act (16 

8 U.S.C. 704) is amended by striking subsection (b) and in9 serting the following: 

10 ‘‘(b) PROHIBITION OF BAITING.— 


SSpencer on DSK4SPTVN1PROD with BILLS
2 

•S 595 IS

1 ‘‘(1) DEFINITIONS.—In this subsection: 

2 ‘‘(A) BAITED AREA.— 

3 ‘‘(i) IN GENERAL.—The term ‘baited 

4 area’ means— 

5 ‘‘(I) any area on which salt, 

6 grain, or other feed has been placed, 

7 exposed, deposited, distributed, or 

8 scattered, if the salt, grain, or feed 

9 could lure or attract migratory game 

10 birds; and 

11 ‘‘(II) in the case of waterfowl, 

12 cranes (family Gruidae), and coots 

13 (family Rallidae), a standing, 

14 unharvested crop that has been ma15 nipulated through activities such as 

16 mowing, discing, or rolling, unless the 

17 activities are normal agricultural prac18 tices. 

19 ‘‘(ii) EXCLUSIONS.—An area shall not 

20 be considered to be a ‘baited area’ if the 

21 area— 

22 ‘‘(I) has been treated with a nor23 mal agricultural practice; 

24 ‘‘(II) has standing crops that 

25 have not been manipulated; or 


SSpencer on DSK4SPTVN1PROD with BILLS
3 

•S 595 IS

1 ‘‘(III) has standing crops that 

2 have been or are flooded. 

3 ‘‘(B) BAITING.—The term ‘baiting’ means 

4 the direct or indirect placing, exposing, depos5 iting, distributing, or scattering of salt, grain, 

6 or other feed that could lure or attract migra7 tory game birds to, on, or over any areas on 

8 which a hunter is attempting to take migratory 

9 game birds. 

10 ‘‘(C) MIGRATORY GAME BIRD.—The term 

11 ‘migratory game bird’ means migratory bird 

12 species— 

13 ‘‘(i) that are within the taxonomic 

14 families of Anatidae, Columbidae, Gruidae, 

15 Rallidae, and Scolopacidae; and 

16 ‘‘(ii) for which open seasons are pre17 scribed by the Secretary of the Interior. 

18 ‘‘(D) NORMAL AGRICULTURAL PRAC19 TICE.— 

20 ‘‘(i) IN GENERAL.—The term ‘normal 

21 agricultural practice’ means any practice in 

22 1 annual growing season that— 

23 ‘‘(I) is carried out in order to 

24 produce a marketable crop, including 


SSpencer on DSK4SPTVN1PROD with BILLS
4 

•S 595 IS

1 planting, harvest, post-harvest, or soil 

2 conservation practices; and 

3 ‘‘(II) is recommended for the 

4 successful harvest of a given crop by 

5 the applicable State office of the Co6 operative Extension System of the De7 partment of Agriculture, in consulta8 tion with, and if requested, the con9 currence of, the head of the applicable 

10 State department of fish and wildlife. 

11 ‘‘(ii) INCLUSIONS.— 

12 ‘‘(I) IN GENERAL.—Subject to 

13 subclause (II), the term ‘normal agri14 cultural practice’ includes the destruc15 tion of a crop in accordance with 

16 practices required by the Federal 

17 Crop Insurance Corporation for agri18 cultural producers to obtain crop in19 surance under the Federal Crop In20 surance Act (7 U.S.C. 1501 et seq.) 

21 on land on which a crop during the 

22 current or immediately preceding crop 

23 year was not harvestable due to a nat24 ural disaster (including any hurricane, 

25 storm, tornado, flood, high water, 


SSpencer on DSK4SPTVN1PROD with BILLS
5 

•S 595 IS

1 wind-driven water, tidal wave, tsu2 nami, earthquake, volcanic eruption, 

3 landslide, mudslide, drought, fire, 

4 snowstorm, or other catastrophe that 

5 is declared a major disaster by the 

6 President in accordance with section 

7 401 of the Robert T. Stafford Dis8 aster Relief and Emergency Assist9 ance Act (42 U.S.C. 5170)). 

10 ‘‘(II) LIMITATIONS.—The term 

11 ‘normal agricultural practice’ only in12 cludes a crop described in subclause 

13 (I) that has been destroyed or manip14 ulated through activities that include 

15 (but are not limited to) mowing, 

16 discing, or rolling if the Federal Crop 

17 Insurance Corporation certifies that 

18 flooding was not an acceptable method 

19 of destruction to obtain crop insur20 ance under the Federal Crop Insur21 ance Act (7 U.S.C. 1501 et seq.). 

22 ‘‘(E) WATERFOWL.—The term ‘waterfowl’ 

23 means native species of the family Anatidae. 

24 ‘‘(2) PROHIBITION.—It shall be unlawful for 

25 any person— 


SSpencer on DSK4SPTVN1PROD with BILLS
6 

•S 595 IS

1 ‘‘(A) to take any migratory game bird by 

2 baiting or on or over any baited area, if the 

3 person knows or reasonably should know that 

4 the area is a baited area; or 

5 ‘‘(B) to place or direct the placement of 

6 bait on or adjacent to an area for the purpose 

7 of causing, inducing, or allowing any person to 

8 take or attempt to take any migratory game 

9 bird by baiting or on or over the baited area. 

10 ‘‘(3) REGULATIONS.—The Secretary of the In11 terior may promulgate regulations to implement this 

12 subsection. 

13 ‘‘(4) REPORTS.—Annually, the Secretary of Ag14 riculture shall submit to the Secretary of the Inte15 rior a report that describes any changes to normal 

16 agricultural practices across the range of crops 

17 grown by agricultural producers in each region of 

18 the United States in which the recommendations are 

19 provided to agricultural producers.’’. 

Æ 


SSpencer on DSK4SPTVN1PROD with BILLS