I scrupulously examine fields before hunting and make pointed inquiries about agricultural practices. Yet I still cannot be sure that I am complying with FWS regulations and enforcement policies. All of these determinations are so subjective that even the most diligent and careful hunter can be cited for a violation. That is bad public policy. The rules must be remade in a way that the diligent and careful hunter who makes the effort can be assured that he or she is in compliance with those rules.
Objectivity regarding the determination of bona fide agricultural practices is also necessary.
I commend the Southeast Region of the FWS for its policy decision to defer to the states regarding what constitutes agricultural practices within each respective state. This is clearly an area where one federal prescription cannot fit all the circumstances. Moreover, deferral to the states does assist the diligent hunter to comply with the rules. I have found state fish and wildlife personnel generally willing to offer specific guidance and advice regarding what are legitimate agricultural practices. This enables diligent hunters to take to the field with a high degree of assurance that they are following the law.