ELR Citation: ELR 21334
No(s). s. W087229B, W087230B (S.D. Miss. Feb 23, 1994)

The court affirms the convictions of a father and son who violated §2 of the Migratory Bird Treaty Act by taking migratory mourning doves with the aid of bait. The court holds that there is sufficient evidence to support the convictions. Defendants admitted at trial that they prepared a field with wheat, corn, and seeds for the purpose of attracting doves. The court holds that defendants did not scatter wheat over the field as part of a bona fide agricultural operation, as permitted under 50 C.F.R. §20.21(i). Only strips of the field had been disked and the wheat used to attract the doves was not evenly distributed. Nor were defendants manipulating crops or other feed for wildlife purposes. By removing corn from the part of the field where it was grown and scattering it over other parts of the field, they failed to comply with the regulations. The court also holds that defendants scattered cracked corn over the field for the purpose of baiting the field for doves, not as part of a bona fide agricultural operation. The court rejects defendants' claim that the regulation concerning legal dove-field preparations is unconstitutionally vague. Finally, the court holds that the federal prosecutor did not abuse his discretion by charging defendants with violating the Act, but not the guests in their hunting party.

Counsel for Plaintiff
John Dowdy, Ass't U.S. Attorney
U.S. Attorney's Office
One Jackson Pl.
188 E. Capitol St., Jackson MS 39201
(601) 965-4480

Counsel for Defendant
Victor D. Traxler
1062 Honeysuckle La., Uttica MS 39175
(601) 857-2235

Thomas V. Traxler
10237 Hwy. 18, Raymond MS 39154
(601) 825-0597