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To get a depredation permit you have to prove you've done everything possible to solve the problem before applying for it, even if that means totally confining your birds
They won't issue a permit over just a few chickens if you can stop it any other way
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That's still illegal
All you can do legally is leave them alone and contain your birds
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http://www.biologicaldiversity.org/campaigns/esa/esatext.html