text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Hunter and Farmer Protection Act of 
  2015''.
  
  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.''.
target: Hunter and Farmer Protection Act of 2015 This bill amends the Migratory Bird Treaty Act to revise standards for determining what constitutes baiting for purposes of the prohibition on taking migratory game birds.  A baited area, in the case of waterfowl, cranes, and coots, includes a standing, unharvested crop that has been manipulated through activities such as mowing, discing, or rolling, unless the activities are normal agricultural practices. An area is not considered to be a baited area if it: (1) has been treated with a normal agricultural practice, (2) has standing crops that have not been manipulated, or (3) has standing crops that have been or are flooded. The Department of Agriculture (USDA) must submit to the Department of the Interior a report on changes to normal agricultural practices across the range of crops grown by agricultural producers in each region of the United States in which USDA harvest practice recommendations are provided to agricultural producers.
feat_title: Hunter and Farmer Protection Act of 2015