United States Ninth Circuit

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US v. Obendorf, 16-30188

Affirmed an Idaho farmer's criminal conviction for illegally baiting ducks in violation of the Migratory Bird Treaty Act. Although the farmer denied he was baiting ducks and argued he was simply farming his land, an agricultural practice exception set forth in 50 C.F.R. section 20.21(i)(1) applies to unlawful taking, but not unlawful baiting, and thus did not immunize his conduct under the century-old law whose purpose is to protect migratory birds.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2018/07/09

Judges

  • Christen

Court

  • United States Ninth Circuit

Counsel


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