H.R. 2863 is about common sense and basic fairness. It would replace the ``strict liability'' standard with the ``knew or should have known'' standard that is being enforced in the Fifth Circuit, which includes Mississippi, Louisiana, and Texas. What it means is that anyone cited for an alleged baiting violation can put on a defense and present evidence to a judge in their case of alleged baiting violations. Both the Fifth Circuit and Fourth Circuit have both agreed this is not presently an option under the ``strict liability'' requirement. Further, the bill clearly makes it unlawful for anyone who places or directs the placement of bait on or adjacent to an area where hunting for migratory game birds takes place. That's just plain common sense to ensure that those involved in these cases have the same rights that are available throughout our system of justice. It also continues to recognize the stewardship responsibilities hunters share relative to the conservation of migratory game bird species. Indeed, enforcement over the past decade in those states with the ``knew or should have known'' standard has been at least as successful as in those states where ``strict liability'' is the threshold. Nearly 90 percent of baiting cases prosecuted in Mississippi, Texas, and Louisiana during the 11-year period ending in 1996-97 resulted in convictions and fines.
Editor's note · Context
Discussing H.R. 2863, which aims to change the legal standard for baiting violations in hunting.
Share
More from John Tanner
What we are attempting to do is to reestablish congressional oversight. Congress authorizes and appropriates money, but we don't actually spend it. So when we are asking the administration, whoever it may be, Democrat, Republican, whoever…
We believe that having such a systematic approach to oversight enshrined in the Rules of the House would greatly enhance Congressional oversight of executive agencies' programs and functions. As you may know, POGO is a non-partisan…
And we're going to provide resources? No, we're not going to provide any resources for these veterans unless you vote for this bill. What you're doing is we're going to ask China and Japan to give the resources to our veterans. I think…
Thank you, Mr. Chairman. I, too, want to express my appreciation for this resolution. I am proud to be a cosponsor. After this event happened, this unprovoked attack by the North on the island, my son and I communicated with a good friend…





