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Falk v. United States

ELR Citation: 36 ELR 20129
Nos. No. 05-2566, (8th Cir., 07/05/2006)

The court rejects landowners' request for a declaratory judgment challenging the U.S. Fish and Wildlife Service's (FWS') determination that their land could not legally be used for goose hunting. FWS regulations prohibit the taking of migratory birds by the aid of baiting or on or over any baited area. The landowners argue that their land was not baited because they used it to harvest corn. The FWS, however, reasonably interpreted the applicable regulations in concluding that the landowners' harvesting activities are not normal and constitute baiting.