Hunter and Farmer Protection Act

To amend the Migratory Bird Treaty Act to provide certain exemptions relating to the taking of migratory game birds. 1. Short title This Act may be cited as the Hunter and Farmer Protection Act 2. Baiting of migratory game birds Section 3 of the Migratory Bird Treaty Act ( 16 U.S.C. 704 (b) Prohibition of baiting (1) Definitions In this subsection: (A) Baited area (i) In general The term baited area (I) any area on which salt, grain, or other feed has been placed, exposed, deposited, distributed, or scattered, if the salt, grain, or feed could lure or attract migratory game birds; and (II) in the case of waterfowl, cranes (family Gruidae), and coots (fam­i­ly Rallidae), a standing, un­har­vest­ed crop that has been manipulated through activities such as mowing, discing, or rolling, unless the activities are normal agricultural practices. (ii) Exclusions An area shall not be considered to be a baited area (I) has been treated with a normal agricultural practice; (II) has standing crops that have not been manipulated; or (III) has standing crops that have been or are flooded. (B) Baiting The term baiting (C) Migratory game bird The term migratory game bird (i) that are within the taxonomic families of Anatidae, Columbidae, Gruidae, Rallidae, and Scolopacidae; and (ii) for which open seasons are prescribed by the Secretary of the Interior. (D) Normal agricultural practice (i) In general The term normal agricultural practice (I) is carried out in order to produce a marketable crop, including planting, harvest, postharvest, or soil conservation practices; and (II) is recommended for the successful harvest of a given crop by the applicable State office of the Cooperative Extension System of the Department of Agriculture, in consultation with, and if requested, the concurrence of, the head of the applicable State department of fish and wildlife. (ii) Inclusions (I) In general Subject to subclause (II), the term normal agricultural practice 7 U.S.C. 1501 et seq. 42 U.S.C. 5170 (II) Limitations The term normal agricultural practice 7 U.S.C. 1501 et seq. (E) Waterfowl The term waterfowl (2) Prohibition It shall be unlawful for any person— (A) to take any migratory game bird by baiting or on or over any baited area, if the person knows or reasonably should know that the area is a baited area; or (B) 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 any migratory game bird by baiting or on or over the baited area. (3) Regulations The Secretary of the Interior may promulgate regulations to implement this subsection. (4) Reports Annually, the Secretary of Agriculture shall submit to the Secretary of the Interior a report that describes any changes to normal agricultural practices across the range of crops grown by agricultural producers in each region of the United States in which the recommendations are provided to agricultural producers. .

Summary: Hunter and Farmer Protection Act This bill amends the Migratory Bird Treaty Act to revise standards for determining what constitutes baiting for purposes of the prohibition on taking migratory game birds. A baited area, in the case of waterfowl, cranes, and coots, includes a standing, unharvested crop that has been manipulated through activities such as mowing, discing, or rolling, unless the activities are normal agricultural practices. An area is not considered to be a baited area if it: (1) has been treated with a normal agricultural practice, (2) has standing crops that have not been manipulated, or (3) has standing crops that have been or are flooded. The Department of Agriculture (USDA) must submit to the Department of the Interior a report on changes to normal agricultural practices across the range of crops grown by agricultural producers in each region of the United States in which USDA harvest practice recommendations are provided to agricultural producers.