[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 478 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                 S. 478

 To amend the Migratory Bird Treaty Act to prohibit baiting exemptions 
                            on certain land.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 1, 2017

 Mr. Cotton (for himself, Mr. Boozman, Mr. Cochran, and Mr. Donnelly) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
 To amend the Migratory Bird Treaty Act to prohibit baiting exemptions 
                            on certain land.

    Be it enacted by the Senate and House of Representatives 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 of 
2017''.

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 inserting the following:
    ``(b) Prohibition of Baiting.--
            ``(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, 
                                unharvested 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 
                                normal agricultural practice;
                                    ``(II) has standing crops that have 
                                not been manipulated; or
                                    ``(III) has standing crops that 
                                have been or are flooded.
                    ``(B) Baiting.--The term `baiting' means the direct 
                or indirect placing, exposing, depositing, 
                distributing, or scattering of salt, grain, or other 
                feed that could lure or attract migratory 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 
                        prescribed by the Secretary of the Interior.
                    ``(D) Normal agricultural practice.--
                            ``(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 
                                planting, harvest, post-harvest, or 
                                soil conservation practices; and
                                    ``(II) is recommended for the 
                                successful harvest of a given crop by 
                                the applicable State office of the 
                                Cooperative Extension System of the 
                                Department of Agriculture, in 
                                consultation with, and if requested, 
                                the concurrence of, the head of the 
                                applicable State department of fish and 
                                wildlife.
                            ``(ii) Inclusions.--
                                    ``(I) In general.--Subject to 
                                subclause (II), the term `normal 
                                agricultural practice' includes the 
                                destruction of a crop in accordance 
                                with practices required by the Federal 
                                Crop Insurance Corporation for 
                                agricultural producers to obtain crop 
                                insurance under the Federal Crop 
                                Insurance 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 
                                natural disaster (including any 
                                hurricane, storm, tornado, flood, high 
                                water, wind-driven water, tidal wave, 
                                tsunami, 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 Disaster 
                                Relief and Emergency Assistance Act (42 
                                U.S.C. 5170)).
                                    ``(II) Limitations.--The term 
                                `normal agricultural practice' only 
                                includes a crop described in subclause 
                                (I) that has been destroyed or 
                                manipulated 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 insurance under the Federal 
                                Crop Insurance 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--
                    ``(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 Interior may 
        promulgate regulations to implement this subsection.
            ``(4) Reports.--Annually, the Secretary of Agriculture 
        shall submit to the Secretary of the Interior 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.''.
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