is it legal....

[orientphoenix]

omg i did not know it was illegal, when i was a lot younger i took some greenish ones and a big one and stuck it under my broodies but it did not hatch also my grandma thought that the geese egg was a double yolker so she ate it

 

[dacjohns]

Generally, and I say generally, in the United States wildlife belong to the state. Feral animals may or may not be considered wildlife and are covered and classified differently depending on the state. Migratory birds, which includes just about every bird (except maybe feral fowl) come under many laws including federal laws.

Correct, the lake doesn't own the birds but the state, county, city, park, whatever might. That brings up a whole 'nother subject about states or other government agencies owning things.

 

[theredroosta]

Talked to FWS, perfectly legal, I'm not trying to avoid asking for permission, but why should I have to? They don't own those birds.

 

[theredroosta]

Quote:
I don't need permission to take something that nobody owns...
The lake does not own these animals, as I have said before, they are desperately trying to get rid of them. They did not buy them. They didn't migrate there. They openly and publicly have made statements about the removal of the animals from all of Phoenix's parks. The canada geese and mallards are protected by law and the park and staff cannot do anything about it. They discourage feeding and the staff routinely go around catching the feral geese. The toulouse, african, chinese, and embden geese. And again, if a stray dog wanders on to your property, does that make it yours? If you really don't believe me, look up Encanto park geese.

Edit: No one has answered this for me yet! Are feral waterfowl protected under the same laws as wild waterfowl?

No they are not protect by the same laws........but if they want to get rid of them...why not ask ? yes they belong to who ever owns the lake.

I don't understand why you don't want to get permission.......if someone comes on my land without permission to get anything...they are in trouble.

I've explained this over and over.
Its public property, I'm not breaking and entering. They don't belong to the owners of the lake and are a nuisance. I've said this three times now, if a stray dog walks on to your property, that doesn't make it yours.

 

[halfwaynowhere]

a park, just because its public, does not make it public property. if it were public property, that would mean that anyone would be able to do whatever they wanted there. you'd be able to plant a garden anywhere (and others would be allowed to disrupt said garden). its still owned by someone, that someone being the government, which has granted it public use. so while those birds are non-native, if they are established there (meaning not just passing through, but actually living and breeding there), then the park does have the right to decide what happens to them.

if you had a hive of bees in your front yard, they would be yours to do what you saw fit. its different than a stray dog wandering onto your property.

and besides, the other reason to just ask is, you'll get a straight answer. they'll know if its legal or not. asking at the source is generally the best way to get information, especially since the park may have its own regulations, aside from federal, state, and county regulations. asking does no harm.

 

[theredroosta]

Quote:
I think your misinterpreting public property. And like I've said before. The park wants the birds gone! And please. Give me an example of this law or regulation that says that they are responsible for the birds. If a domestic bird makes a nest in the roof of your house, and this bird flies into the neighbors window and breaks it. That doesn't make you liable for the damages! But if someone finds that bird drinking from a fountain in their backyard, and they want to keep it, are they stealing from you? No they aren't, that was just a bird that lived in your roof that isn't there anymore. Should you sue? While this sounds off topic, you never owned that bird (You didn't buy it, Care for it, pay it any attention), my local FWS made it clear that FERAL animals are not anyone's property. That being the definition of FERAL. Meaning the ownership laws and migratory and WILD waterfowl protection laws DO NOT apply.The park has stated that the birds are NOT theirs, that they are FERAL, that they are DOMESTIC (with the exception of the hybrid mallards, and canadian geese.), AND that they are a NUISANCE. The park, and the city officials have released statements and posted laws and regulations that say that the release of DOMESTIC WATERFOWL into the WILD is punishable by a fine or jail time.

So what do we have here.

The park doesn't own these birds.
These birds are FERAL and DOMESTIC.
The park is not responsible for them.
The park does not feed them or care for them (feeding is punishable by a fine).
It is illegal to RELEASE said birds.
FWS says its legal.
The birds are a NUISANCE.
The park/lake/city/ officials want them GONE.

I see absolutely no reason why this might be illegal. If anything, they should thank me!

 

[chickened]

They are considered feral in Oregon and if they are an invasive species it is legal to take them but not legal to dump them.

 

[theredroosta]

Quote:
Same here.

 

[chickened]

The state trapper who is hired by the state will not respond to feral animals.

 

[Bear Foot Farm]

So if someone removed the ant infestation in your house you would call it stealing?

Oh and BTW, feral means escaped/released domestic animals that have started a population in the wild,
if a stray dog wanders on to your property, does that make it yours?

No, I'd call that tresspassing, which is also illegal.

Oh, and BTW, stealing means taking something that is NOT YOURS.

If a stray dog wanders on MY property, does it make it YOURS?

I see absolutely no reason why this might be illegal. If anything, they should thank me!

Then why don't you ASK them?

They don't own those birds.

Neither do you.

See how silly it all sounds?​