Sec. 106. Taking of migratory game birds
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/bill/113/s/1996/pcs/section-106A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 3 of the Migratory Bird Treaty Act ( 16 U.S.C. 704 ) is amended by adding at the end the following: Nothing in this section prohibits the taking of any migratory game bird, including waterfowl, coots, and cranes, on or over land that— is not a baited area; and contains— a standing crop or flooded standing crop, including an aquatic crop; standing, flooded, or manipulated natural vegetation; flooded harvested cropland; or based on the determination of the applicable State office of the Cooperative Extension System of the Department of Agriculture at the request of the Secretary of the Interior— an area on which seed or grain has been scattered solely as the result of a normal agricultural planting, harvesting, post-harvest manipulation, or normal soil stabilization practice; or land of an agricultural producer 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 )). For purposes of making a determination under paragraph (1)(B)(iv)(I), each State office of the Cooperative Extension System of the Department of Agriculture shall determine the activities in that State that the State office considers to be a normal agricultural practice in the State, such as mowing, shredding, discing, rolling, chopping, trampling, flattening, burning, or carrying out herbicide treatment.
For purposes of making a determination under paragraph (1)(B)(iv)(II), each State office of the Cooperative Extension Service of the Department of Agriculture shall determine that— the crop has been destroyed; and it would not have been economically practicable to harvest the crop. A State office may revise a report described in subparagraph
(A)as the State office determines to be necessary to reflect changing agricultural practices. .
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