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105TH CONGRESS
1ST SESSION
H. R. 2863
To amend the Migratory Bird Treaty Act to clarify restrictions under that
Act on baiting, to facilitate acquisition of migratory bird habitat, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 6, 1997
Mr. YOUNG of Alaska (for himself, Mr. TANNER, Mr. DINGELL, Mr. WELDON
of Pennsylvania, and Mr. STEARNS) introduced the following bill; which
was referred to the Committee on Resources
A BILL
To amend the Migratory Bird Treaty Act to clarify restric-
tions under that Act on baiting, to facilitate acquisition
of migratory bird habitat, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives 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 pro-
mulgate regulations specifying when, how, and
whether migratory birds may be hunted.
(3) Contained within these regulations are pro-
hibitions on certain methods of hunting migratory
game birds to better manage and conserve this re-
source. These prohibitions, many of which were rec-
ommended 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 dif-
ficulties on the part of law enforcement, the hunting
community, and courts of law. Hunters who desire
to comply with applicable regulations have been sub-
ject 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 rec-
ognizes the national and international importance of
protecting the migratory bird resource while ensur-
ing consistency and appropriate enforcement includ-
ing 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, in-
ducing, 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 crop-
lands, 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 prac-
tices or accepted agricultural planting, har-
vesting, 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 rea-
sonable care is used to minimize the scat-
tering 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 manage-
ment purposes of a crop or other feed on the
land where it was grown, other than distribu-
tion 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 un-
intentional placement of salt, grain, or other feed ca-
pable of attracting migratory game birds, in such a
quantity and in such a manner as to serve as an at-
tractant to such birds to, on, or over an area where
hunters are attempting to take them, by—
‘‘(I) placing, exposing, depositing, distrib-
uting, 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, harvest-
ing, or manipulation after harvest, altering mil-
let planted for nonagricultural purposes (plant-
ed millet), or altering other vegetation (as spec-
ified in migratory bird hunting regulations is-
sued by the Secretary of the Interior) planted
for nonagricultural purposes; or
‘‘(IV) gathering, collecting, or concentrat-
ing natural vegetation, planted millet, or other
vegetation (as specified in migratory bird hunt-
ing 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 con-
centration 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 de-
scribed in clause (i)(IV).
‘‘(iii) With respect only to the taking of water-
fowl, the term ‘baiting’—
‘‘(I) does not include, with respect to the
first special September waterfowl hunting sea-
son locally in effect or any subsequent water-
fowl 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 sea-
son, such an alteration occurring before the 10-
day period preceding the opening date (as pub-
lished in the Federal Register) of that first reg-
ular 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 wild-
life agency after consultation with the Coopera-
tive State Research, Education, and Extension
Service, the Natural Resources Conservation
Service, and the United States Fish and Wild-
life 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 wild-
life agency after consultation with the State Co-
operative State Research, Education, and Ex-
tension Service, the State Office of the Natural
Resources Conservation Service, and the United
States Fish and Wildlife Service.
‘‘(E) The term ‘accepted soil stabilization prac-
tices’ means techniques that are—
‘‘(i) used in the area solely for soil sta-
bilization purposes, including erosion control;
and
‘‘(ii) approved by the State fish and wild-
life agency after consultation with the State Co-
operative State Research, Education, and Ex-
tension 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 vegeta-
tion 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 cru-
cial 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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