I 
114TH CONGRESS 
1ST SESSION H. R. 1099 
To amend the Migratory Bird Treaty Act to provide certain exemptions 
relating to the taking of migratory game birds. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 26, 2015 
Mr. CRAWFORD (for himself, Mr. HILL, Mr. WESTERMAN, and Mr. WOMACK) 
introduced the following bill; which was referred to the Committee on 
Natural Resources 
A BILL 
To amend the Migratory Bird Treaty Act to provide certain 
exemptions relating to the taking of migratory game birds. 
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 ‘‘Hunter and Farmer 
Protection Act’’. 
SEC. 2. BAITING OF MIGRATORY GAME BIRDS. 
Section 3 of the Migratory Bird Treaty Act (16 
U.S.C. 704) is amended by striking subsection (b) and in-
serting the following: 
‘‘(b) PROHIBITION OF BAITING.— 
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‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) BAITED AREA.— 
‘‘(i) IN GENERAL.—The term ‘baited 
area’ means— 
‘‘(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, unhar-
vested 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’ if the 
area— 
‘‘(I) has been treated with a nor-
mal agricultural practice; 
‘‘(II) has standing crops that 
have not been manipulated; or 
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‘‘(III) has standing crops that 
have been or are flooded. 
‘‘(B) BAITING.—The term ‘baiting’ means 
the direct or indirect placing, exposing, depos-
iting, distributing, or scattering of salt, grain, 
or other feed that could lure or attract migra-
tory game birds to, on, or over any areas on 
which a hunter is attempting to take migratory 
game birds. 
‘‘(C) MIGRATORY GAME BIRD.—The term 
‘migratory game bird’ means migratory bird 
species— 
‘‘(i) that are within the taxonomic 
families of Anatidae, Columbidae, Gruidae, 
Rallidae, and Scolopacidae; and 
‘‘(ii) for which open seasons are pre-
scribed by the Secretary of the Interior. 
‘‘(D) 
NORMAL
AGRICULTURAL
PRAC-
TICE.— 
‘‘(i) IN GENERAL.—The term ‘normal 
agricultural practice’ means any practice in 
1 annual growing season that— 
‘‘(I) is carried out in order to 
produce a marketable crop, including 
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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 Co-
operative Extension System of the De-
partment of Agriculture, in consulta-
tion with, and if requested, the con-
currence of, the head of the applicable 
State department of fish and wildlife. 
‘‘(ii) INCLUSIONS.— 
‘‘(I) IN
GENERAL.—Subject to 
subclause (II), the term ‘normal agri-
cultural practice’ includes the destruc-
tion of a crop in accordance with 
practices required by the Federal 
Crop Insurance Corporation for agri-
cultural producers to obtain crop in-
surance under the Federal Crop In-
surance Act (7 U.S.C. 1501 et seq.) 
on land on which a crop during the 
current or immediately preceding crop 
year was not harvestable due to a nat-
ural disaster (including any hurricane, 
storm, tornado, flood, high water, 
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wind-driven water, tidal wave, tsu-
nami, earthquake, volcanic eruption, 
landslide, mudslide, drought, fire, 
snowstorm, or other catastrophe that 
is declared a major disaster by the 
President in accordance with section 
401 of the Robert T. Stafford Dis-
aster Relief and Emergency Assist-
ance Act (42 U.S.C. 5170)). 
‘‘(II) LIMITATIONS.—The term 
‘normal agricultural practice’ only in-
cludes a crop described in subclause 
(I) that has been destroyed or manip-
ulated through activities that include 
(but are not limited to) mowing, 
discing, or rolling if the Federal Crop 
Insurance Corporation certifies that 
flooding was not an acceptable method 
of destruction to obtain crop insur-
ance under the Federal Crop Insur-
ance Act (7 U.S.C. 1501 et seq.). 
‘‘(E) WATERFOWL.—The term ‘waterfowl’ 
means native species of the family Anatidae. 
‘‘(2) PROHIBITION.—It shall be unlawful for 
any person— 
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‘‘(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 In-
terior may promulgate regulations to implement this 
subsection. 
‘‘(4) REPORTS.—Annually, the Secretary of Ag-
riculture shall submit to the Secretary of the Inte-
rior 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.’’. 
Æ 
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