WASHINGTON, D. C. -- Senator Thad Cochran (R-MS) is cosponsoring legislation which will define more clearly prohibitions against hunting over baited areas.

Under current law, if a person hunts over a baited area that person is presumed guilty whether or not they knew the site was baited. The Migratory Bird Treaty Reform Act, which was introduced today in the U.S. Senate by Senator John Breaux (D-LA) and U.S. Senator Thad Cochran (R-MS), would establish a new standard enabling hunters to prove their innocence. The bill repeals the strict liability rule presently enforced by federal courts.

The legislation gives hunters an opportunity to present evidence that they were not aware bait was present. The court would determine guilt or innocence from the evidence. If the facts show that the hunter knew or should have known that the field was baited, penalties could be imposed.

"This is a change in the law that is justified and overdue in my opinion. There are situations that make it impossible for innocent hunters to know if a field is baited or not. The reforms in this legislation will help prevent innocent hunters from being punished unfairly,” Cochran said.

The bill also defines activities that constitute baiting. Under the bill the U.S. Fish and Wildlife Service would consult with state and federal agencies and publish regulations regarding acceptable agricultural practices for different regions of the country. This guidance is designed to remove the uncertainty that currently exists among landowners, farmers, wildlife managers, law enforcement officials, and hunters about the illegality of certain agricultural practices.