The midland journal. (Rising Sun, Md.) 1885-1947, 1936-11-13
BATTING PROHIBITED FOR TAX
ING OF WILD WATERFOWL

waters off shore of their properties.
The Federal Regulations provide
as follows:
Waterfowl and mourning doves
are not permitted to be taken by
means, aid or use, directly or indi-
rectly, of corn, wheat, oats, or other
grain or products thereof, salt, or
any kind of food whatsoever placed,
deposited, distributed, scattered, or
otherwise put out whereby such
waterfowl or doves are lured, at
tracted, or enticed; and in the TAX
ing of waterfowl, the use, directly or
coys is not permitted; nor shall any
thing in these regulations be deemed
to permit the use of aircraft of any
kind, or of pawerboat, sailboat, or
other floating craft or device of any
kind, for the purpose of concentrat-
ing, driving, rallying or stirring up
of migratory waterfowl"
The question arises as to whether
food, distributed on land or water
prior to the opening of the season
for the taking of wild waterfowl, was
placed there for the purpose of lur-
ing, attracting, or enticing wild wat
erfowl to the hunter to be shot.
Before the hunting season opened
in 1895, many hunters in a great
many cases, placed grain distances
ranging around 500 yards from their
shooting stands or blinds for the
purpose of feeding the birds. I
placed this question before Mr.. Ira
N. Gabrielson, Chief of the United
States Biological Survey, requesting
to know If this method was permits
sible. Mr.. Gabrielson's reply to
number of inquiries regarding this
same question was to the effect that:
1.-The regulation takes no account
of distance or position of the shooter
with relation to the feed. 1t is
wholly immaterial, in the application
Of this regulation, whether the feed
is 10 feet or 1000 feet from the po-
sition of the shooter when he shoots
waterfowl. The language and pur-
pose of the regulation is to put an
end to the shooting of migratory
waterfowl by means, aid or use, di-
rectly or indirectly, of feed placed,
deposited, distributed, scattered, or
otherwise put out whereby water
fowl are lured, attracted, or enticed.
Therefore, 1t will be illegal to shoot
waterfowl which are where they are
as a result, directly or indirectly, of
feed that has been put out, whether
the waterfowl are shot in their di-
rect line of fight to OF from the feed,
at the feed, or when they defect, for
illustration, from the pond or area
where feed has been put out for
them to another pond or area where
no feed has been put out"
There is nothing in the regula-
ton, as you will observe, that makes
it illegal for anyone to feed migra-
tory waterfowl. What the regula-
ton makes illegal is a combination
of feeding and shooting. You can
not lawfully shoot waterfowl in the
open season that are where they are
because of feed or decoys put out
prior to the open season even though
such feed and decoys be removed be-
fore the season opens.
Commenting on the above inter
probation by Mr.. Gabrielson of the
Federal regulations, I am aware that
in the majority of the duck shooting
sections of Maryland wild waterfowl
have been lured to shooting stands
by the use of feed for years. Num-
bers of species of wild waterfowl ar
rive in Maryland annually long be-
fore the hunting season opens. The
Pintail (Sprig's), American Widgeon
| (Bald Patel, and the Canadian
Honkers began arriving in Maryland
as early as September. Therefore, il
these early arrivals we're fed grain Oh
land or water, they would not be be-
ing fed for the purpose of enticing
or Turing them to be killed; nor DO
believe that where birds are fed at
distance of 500 yards or more
from where any shooting occurs that
said action could be construed as
feeding or batting for the purpose of
attracting or Turing the birds to
shooting stand. However, Mr.. Ga
brielson has ruled that the regula-
lions would prohibit feeding birds be-
fore the season opens or during the
shooting season but states There is
no objection to feeding birds after
the shooting season closes"
OF course, it is up to the hunters
to use their own judgment in this
matter as the Chief Of the Biological