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052566P.pdf   07/05/2006  Alex Falk  v.  United States
   U.S. Court of Appeals Case No:  05-2566
   District of South Dakota   
   [PUBLISHED] [Smith, Author, with Loken, Chief Judge, and Lay, Circuit Judge]
   Civil case - Administrative Law. Fish and Wildlife's determination
   that harvesting after December 1 was not normal harvesting for purposes
   of determining whether plaintiff had violated the regulations concerning
   the taking of migratory birds was supported by substantial evidence and
   was not arbitrary or capricious; similarly, determination that aerial
   seeding of winter wheat was not normal planting and constituted banned
   "baiting" was not arbitrary or capricious; agency's interpretation of
   regulations to ban hunting when adjacent fields are baited was a
   reasonable interpretation.