Court Affirms Duck Baiting Conviction

By John M. Simpson

In United States v. Obendorf, ___ F.3d ___, No. 16-30188 (9th Cir. July 9, 2018), a panel of the U.S. Court of Appeals for the Ninth Circuit affirmed the conviction of an Idaho man who had been charged with a violation of the Migratory Bird Treaty Act (MBTA), 16 U.S.C. §§ 703-712, which, among other things, prohibits the baiting of  migratory birds to facilitate hunting them.  The indictment charged that the defendant, a farmer, had directed one of his corn fields to be harvested by strip-combining, in which alternating corn rows were left untouched, and such that excessive amounts of corn were left on the ground.  This was in apparent contrast to the defendant’s other corn fields that had been “neatly combined and fully harvested.”  Slip op. at 4. Continue reading “Court Affirms Duck Baiting Conviction”

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