Baiting

The Service is proposing to add a new definition for baiting to the Meaning of Terms section of the regulation. The term baiting will be defined as the direct or indirect placing, exposing, depositing, distributing, or scattering (other than by controlling flooding or water levels) of salt, grain, or other feed capable of attracting migratory game birds that could serve as a lure or an attraction to, on, or over any areas where hunters are attempting to take them. This definition differs from the language in the Hunting Methods section of the current regulation only in that it is shorter and more concise. The current wording shelled, shucked, unshucked corn wheat or other grain, salt, or other feed will become salt, grain, or other feed. In addition, the language in the current regulation so as to constitute for such birds a lure, attraction or enticement to is proposed to be shortened by elimination of the word enticement and replacement of the words so as to with that could. Finally, the proposed definition clarifies that the controlling of flooding and water levels does not constitute baiting.

Baited Area, Top-Sown Seeds

To ensure compliance with the baiting laws, the current regulation requires hunters, landowners, or law enforcement officers to determine whether a hunting area has been subjected to a normal agricultural planting or harvesting, bona fide agricultural operation, or wildlife management practice. When assessing the legality of a hunting situation, the Service recognizes that, at times, it may be difficult to properly determine if a top-sown area has been planted as a normal agricultural planting or has been planted to lure migratory game birds to hunters illegally attempting to take them. Therefore, the Service is proposing to prohibit the taking of all migratory game birds over any lands where planting by top sowing of seeds (including aerial seeding) has occurred where seeds remain on the surface of the ground as a result. Any such area will be considered baited and will remain so for ten days following complete removal of all seeds from the surface of the land. The Service believes that this prohibition will allow hunters and others to more easily and readily determine the legality of a hunting area.

Hunting of Doves and Pigeons

This proposed rule directly affects the hunting of all migratory game birds, including doves and pigeons, with respect to the proposed prohibition on hunting over any top-sown area (see top-sown seeds discussion above). The Service is not proposing any change to the current exemption that allows hunting of migratory game birds, other than waterfowl and cranes, over agricultural crops that have been manipulated for wildlife management purposes. Further, the proposed definition for the term manipulation is intended to apply to both natural vegetation and agricultural crops.

Hunting of all Migratory Game Birds

This proposed rule maintains the current prohibition on hunting any migratory game bird over any areas where the placing, exposing, depositing, distributing, or scattering of grains, salt, or other feed has occurred once they are removed from or stored on the field where grown. This proposed rule would continue to allow the hunting of all migratory game birds over an agricultural field that has been planted or harvested in a normal manner, in accordance with the proposed definition for normal agricultural and soil stabilization practice. The Service is proposing to maintain the current ten-day rule with respect to baiting and baited areas. The ten-day rule considers an area baited for ten days following complete removal of any salt, grain, or other feed that is capable of luring or attracting migratory game birds to, on, or over areas where hunters are attempting to take them.

Regulation Promulgation

For the reasons set out in the preamble, the Service proposes to amend Title 50, Chapter I, subchapter B of the Code of Federal Regulations as set forth below:

PART 20--MIGRATORY BIRD HUNTING

1. The authority citation for part 20 continues to read as follows:
Authority: 16 U.S.C. 703-712, 16 U.S.C. 742a-j.
2. Revise section 20.11 by adding new paragraphs (g), (h), (i), (j), and (k) to read as follows:

Sec. 20.11 Meaning of terms.

(g) Normal agricultural and soil stabilization practice means planting, harvesting, and post-harvest manipulation and soil stabilization practices as recommended by State specialists of the cooperative extension service of the U.S. Department of Agriculture, except that for the purposes of this part planting by means of top sowing (including aerial seeding) is not to be considered a normal agricultural or soil stabilization practice.

(h) Baited area means any area containing salt, grain, or other feed capable of attracting migratory game birds that is placed, exposed, deposited, distributed, or scattered (other than controlling of flooding or water levels) that could serve as a lure or attraction for such birds to, on, or over areas where hunters are attempting to take them. Such areas will remain a baited area for ten days following complete removal of all such salt, grain, or other feed.

(i) Baiting means direct or indirect placing, exposing, depositing, distributing, or scattering (other than by controlling of flooding or water levels) of salt, grain, or other feed capable of attracting migratory game birds that could serve as a lure or attraction to, on, or over any areas where hunters are attempting to take them.

(j) Manipulation means mowing, shredding, discing, rolling, chopping, trampling, flattening, or wetland-associated plant propagation techniques with respect to natural vegetation and agricultural crops. The term manipulation does not include the distributing or scattering of grain or other feed once it has been removed from or stored on the field where grown.

(k) Natural vegetation means any non-agricultural, native, or naturalized plant species, including millet, that grows at a site in response to planting or from existing seeds or other propagules.

3. Amend Sec. 20.21 by revising paragraph (i) to read as follows:

Sec. 20.21 Hunting methods

(i) By the aid of baiting or on or over any baited area. However, nothing in this paragraph shall prohibit:

(1) The taking of all migratory game birds on or over areas where grains or seeds from agricultural crops or natural vegetation have been accidentally scattered incidental to hunters entering or exiting areas, placing decoys, or retrieving downed birds.

(2) The taking of all migratory game birds on or over standing crops, flooded standing crops (including aquatics), flooded harvested croplands, grain crops properly shocked on the field where grown, or grains found scattered solely as the result of a normal agricultural and soil stabilization practice;

(3) The taking of migratory game birds, except waterfowl and cranes, on or over any lands or areas where salt, grain, or other feed has been distributed or scattered as a result of manipulation of an agricultural crop or other feed on the land where grown for wildlife management purposes, or as a result of manipulation of natural vegetation;

(4) The taking of waterfowl and cranes on or over natural vegetation that has been manipulated; Provided that the manipulation does not occur:

(a) Less than 10 days before any waterfowl season opening, or
(b) during any open waterfowl season in that area; Except that for the purposes of this paragraph

(5) The taking of all migratory game birds from a blind or other place of concealment camouflaged with natural vegetation;