Why is the 8 bore illegal for waterfowl/migratory game?

[J.B. Books]

Why is the length of any gauge shell restricted to 3.5"? Why is lead shot banned from use on waterfowl? Why is there a 3 shot plug law? Because government reacts to perceived problems through regulation of the associated activities. It draws lines and places restrictions on the activity, and sometimes those lines are based on flawed science and logic or worse, political gain.

At the turn of the 20th century market hunting was considered to be threatening waterfowl populations. I believe the restrictions started with the Weeks-McClean Act of 1913 and then fortified with the Migratory Bird Treaty Act of 1918. There was a belief that guns larger than 10 gauge gave gunners too great an advantage over their quarry. Enough legislators believed it was part of the problem so it became law. My guess is even back then most of the government officials voting on such a restriction had no practical experience using those large guns, but they felt like they did something to protect waterfowl populations.

Actually it appears the gauge restriction came about in a 1936 Migratory Bird Act/Treaty. I am not clear if it amended the law/treaty of 1918 or was a new one.