Assistant Regional Director for Law Enforcement Dave Purinton said, "Im certain that the intent of the proposal is to clarify waterfowl hunting activities in specific situations -- a commendable intention. The proposed rules, however, could create situations that would clearly be in conflict with Federal regulations which prohibit baiting and use of live decoys when hunting migratory game birds."
He added that the Service and Iowa DNR have an excellent working relationship that has resulted in the enhancement of wildlife resources for the benefit of all people. But the proposed rules could result in waterfowl hunters taking birds in violation of Federal hunting regulations and that the Service could not, in good conscience, support the proposal.
"The DNR proposal allows migratory waterfowl hunting in close proximity to a game breeding facility, a place where live, captive waterfowl are housed and fed," Purinton explained, "It has the potential to attract waterfowl to nearby hunters through artificial feeding or baiting, and use of live birds as decoys. By permitting waterfowl hunters to hunt near such places, Iowa may unwittingly be encouraging its hunters to violate Federal Law. Arbitrarily set distances from the bait or live decoys do not protect either waterfowl hunters, or possibly even the game breeders from potentially violating the Migratory Bird Treaty Act."
Because waterfowl migrate across U.S. boundaries, the conservation and wise use of waterfowl are accomplished in part by hunting regulations included on international treaties between the U.S., Great Britain (for Canada), Japan, Russia and Mexico. Over the years, Federal courts across the nation have upheld the Federal interpretation of baiting regulations.
Federal migratory bird hunting regulations are found in Section 20 of Title 50, Code of Federal Regulations (50 C.F.R.). 50 C.F.R. Section 20.2(d) states that "No statute or regulations of any State shall be construed to relieve a person from restrictions, conditions and requirements contained in this part, however, nothing in this part shall be construed to prevent the several States from making and enforcing laws or regulations not inconsistent with these regulations and the conventions between the United States and any foreign country for the protection of migratory birds or with the Migratory Bird Treaty Act, or which shall give further protection to migratory birds."
Purinton explained, "In other words, States are not prohibited from passing various laws which are more strict than Federal law, however, under the U.S. Constitution, States are prohibited from making laws which are less restrictive than the Federal laws."
50 C.F.R. Section 20.21(f) prohibits the hunting of migratory birds by use or aid of live birds as decoys, or on an area where captive live ducks or geese are present. It is a violation unless the birds are confined within an enclosure which substantially reduces audible calls and totally conceals the birds from the sight of wild migratory waterfowl for at least 10 consecutive days prior to taking the wild waterfowl.
In addition, 50 C.F.R. Section 20.21(i) prohibits hunting migratory game birds by use of bait, and shooting a wild game bird on or over a baited area. Baiting is defined as placing, exposing, depositing, distributing or scattering corn, wheat, other grains, salt or other feed to lure, attract or entice birds on or over any area where hunters are attempting to take them. Areas identified as baited, will remain identified as baited until 10 days after the complete removal of the bait.
"Nothing prohibits taking of migratory game birds on or over standing crops, flooded standing crops, flooded harvested cropland, or grains found scattered from normal agricultural planting or harvesting, " Purinton said.
Proposed game breeder rules, in essence, would in many situations permit hunters to use live decoys and baited areas to kill migrating waterfowl as long as they are merely 200 yards or more away from the bait or live decoys. "Migratory birds have excellent eyesight and hearing and can easily be lured within range of hunters from ranges that greatly exceed 200 yards, Purinton said. "In fact, many hunters use the migratory birds attributes to their advantage when they place decoy spreads and call in wild geese and ducks from great distances while hunting from blinds."
"Years of experience have demonstrated that the zone of influence caused by baiting or live decoys will vary from day-to-day and area-to-area because of differences in wind, terrain and the amount of bait or live decoys present," he added. "One live Canada goose and/or a dish full of corn may have little effect on luring a flock of wild Canada geese, however, two dozen tame, wing-clipped, honking geese standing around a pickup load of shelled corn could easily draw wild birds from great distances, especially in open fields. Anyone who has ever fed songbirds in their back yard knows that, after a short time of coming to the feeder, the birds quickly become less cautious of human activity and definitely would be susceptible to hunters. Hence the baiting law."
Iowas attempt to loosen restrictions on the sport hunting of migratory waterfowl comes at a time when waterfowl numbers are just starting to recover from their lowest levels in recorded history. "Im certain that this proposal is not meant to violate rules of fair chase," Purinton said. "Yet this proposed rule could create the sanctioned practice of baiting and use of live decoys that is inherently unsportsmanlike."
He added that it can and often does result in greedy hunters killing more than their waterfowl limit, impacting waterfowl population recovery. "Thats why the practice has been illegal for decades," Purinton said. "The competent waterfowl hunter relies on his or her working knowledge of the birds hunted, blind placement, the hunters decoy spreading ability, and use of duck or goose calls."
For more information concerning the Services concerns over the proposed rule changes, call the Great Lakes-Big Rivers Region Law Enforcement Division, (612) 725-3530.
The U.S. Fish and Wildlife Service is the principal Federal agency responsible for conserving, protecting and enhancing fish, wildlife and plants and their habitats for the continuing benefit of the American people. The Service manages the 93-million-acre National Wildlife Refuge System which encompasses more than 530 national wildlife refuges, thousands of small wetlands and other special management areas. It also operates 66 national fish hatcheries, 64 fishery resource offices and 78 ecological services field stations. The agency enforces Federal wildlife laws, administers the Endangered Species Act, manages migratory bird populations, restores nationally significant fisheries, conserves and restores wildlife habitat such as wetlands, and helps foreign governments with their conservation efforts. It also oversees the Federal Aid program that distributes hundreds of millions of dollars in excise taxes on fishing and hunting equipment to state fish and wildlife agencies. For further information about the programs and activities of the U.S. Fish and Wildlife Service in the Great Lakes-Big Rivers Region, please visit our home page at: http://midwest.fws.gov
