Legal Elimination of Hawks and Owls

[aart]

I understand the blurry legality surrounding hawks--but I was totally floored when I was recently informed (by animal control) that killing an Opossom is illegal. Maybe it's state/county specific but whaaaaat.

Killing BOP's is not blurry at all, and it's nation wide.
States do have differing laws regarding other predators.
I guess that's what happens 'under a rain cloud'.

 

[nnbreeder]

Did you try your link? It doesn't work for me.
And yes the fines vary widely but top out at 15,000 plus jail time in a Federal prison where there is no overcrowding and you will serve 85% of the time allotted.

Just because you can get permits do you think that many have been issued to ordinary people that are not First People or Gov. trappers?

 

[LuannKeller]

A very helpful post. Thank you for helping us protect our flocks legally. You are very correct in that far too many people have given in accurate and incomplete information.

Many red-tailed hawks are killed each year under "farmers rights" and it is just. We are still overrun with the birds who, like raccoons and opossums, adapt very well to living with us.

 

[Guitartists]

Quote:
I have a full Adobe program that allows for it in a PDF form.

We have a Red-tail that hangs out by my coop. So far he must not be very hungry... must be plenty or rabbits and such for him to feed on as he doesn't stake out the chickens, and he MUST know they are there. Certainly killing him would be an ABSOLUTE LAST RESORT for me as I understand the fight for survival, etc. I just hope to keep some good roos and keep an eye on the sky when they are out free ranging. I reckon it will be but a matter of time before he makes an attempt when they are out...... but possibly right now they just don't seem worth the bother of the dogs, etc.

 

[Reinbeau]

This thread should be stickied to the top of the Predators and Pests subforum.

 

[lobb40118]

From the sticky about the predator thread"
I just want to make clear the purpose of this forum.

*This forum is for dealing with predators and pests. Period.

*If information is graphic, please note it in the subject line of your post so members can make a decision whether they want to open the thread or not. If you choose to open a thread with said warnings, it is not BYC's responsibility when you are offended.

*Dealing with predators and pests is not always pleasant. Although sometimes hard to do, please be as sensitive as possible when explaining procedures and results. Some younger members and/or squeamish adults will appreciate it.

*Although some ways are not considered ideal to some, it serves the purpose of removing the offending predator. If you have an idea or a helpful comment, please do reply. If it is a sarcastic comment about the disposal or capture of a predator, please keep your thoughts to yourself. We are not here to judge one another on methods or ways and means.

*Compassion will go a long way toward helping to educate and help solve someone's predator problem. No matter the reason, most members' birds are their pets and being a chicken doesn't make it less of a pet than a house cat or companion dog. Please don't lecture or hassle anyone about their losses. Glass houses......

*It is the responsibility of the person with the predator to determine the legalities of what they do and that person will take ultimate responsibility. BYC does not condone illegal acts.

For instance, Trapping..this is a legal defence and it is not open for debate whether you prefer this method or not. This forum is designed as an aid to those who are having predator problems. It is not a debate forum on ethics.

*Please keep this in mind as we all learn from one another how to deter predators. Thanks.


All might not agree with methods but if the legal method exists then let it be posted without opinion. Regardless of how difficult it may or may not be to get a permit. Cletus is a simpsons reference


EDITED to add a huge thiank you for this! Well done!

 

[HennysMom]

Brahma - you're right, its costly. I'd like to see someone that actually HAS a permit. I spoke with my neighbor not too long ago (remember - game wardens

) and asked if they've ever heard of or approved anyone getting said permit...

answer: NOPE - not unless people themselves were getting attacked. Solution: fence your chickens.

So - anyone out here actually HAVE an approved permit they'd like to share? Just curious....

 

[lobb40118]

If any are interested in the form,


If you are a homeowner requesting a permit for damage to your personal
residence or property, attach $50.00.
Form:
http://www.fws.gov/forms/3-200-13.pdf

§ 21.41 Depredation permits.
(a) Permit requirement. Except as provided in §§21.42 through 21.46, a depredation permit is required before any person may take, possess, or transport migratory birds for depredation control purposes. No permit is required merely to scare or herd depredating migratory birds other than endangered or threatened species or bald or golden eagles.

(b) Application procedures. Submit application for depredation permits to the appropriate Regional Director (Attention: Migratory bird permit office). You can find addresses for the Regional Directors in 50 CFR 2.2. Each application must contain the general information and certification required in §13.12(a) of this subchapter, and the following additional information:

(1) A description of the area where depredations are occurring;

(2) The nature of the crops or other interests being injured;

(3) The extent of such injury; and

(4) The particular species of migratory birds committing the injury.

(c) Additional permit conditions. Inaddition to the general conditions set forth in part 13 of this subchapter B, depredation permits shall be subject to requires, in this section:

(1) Permittees may not kill migratory birds unless specifically authorized on the permit.

(2) Unless otherwise specifically authorized, when permittees are authorized to kill migratory birds they may do so only with a shotgun not larger than No. 10 gauge fired from the shoulder, and only on or over the threatened area or area described on the permit.

(3) Permittees may not use blinds, pits, or other means of concealment, decoys, duck calls, or other devices to lure or entice birds within gun range.

(4) All migratory birds killed shall be retrieved by the permittee and turned over to a Bureau representative or his designee for disposition to charitable or other worthy institutions for use as food, or otherwise disposed of as provided by law.

(5) Only persons named on the permit are authorized to act as agents of the permittee under authority of the permit.

(d) Tenure of permits. The tenure of depredation permits shall be limited to the dates which appear on its face, but in no case shall be longer than one year.

[39 FR 1178, Jan. 4, 1974, as amended at 42 FR 17122, Mar. 31, 1977; 63 FR 52637, Oct. 1, 1998



§ 13.12 General information requirements on applications for permits.
top
(a) General information required for all applications. All applications must contain the following information:

(1) Applicant's full name and address (street address, city, county, state, and zip code; and mailing address if different from street address); home and work telephone numbers; and, if available, a fax number and e-mail address, and:

(i) If the applicant resides or is located outside the United States, an address in the United States, and, if conducting commercial activities, the name and address of his or her agent that is located in the United States; and

(ii) If the applicant is an individual, the date of birth, social security number, if available, occupation, and any business, agency, organizational, or institutional affiliation associated with the wildlife or plants to be covered by the license or permit; or

(iii) If the applicant is a business, corporation, public agency, or institution, the tax identification number; description of the type of business, corporation, agency, or institution; and the name and title of the person responsible for the permit (such as president, principal officer, or director);

(2) Location where the requested permitted activity is to occur or be conducted;

(3) Reference to the part(s) and section(s) of this subchapter B as listed in paragraph (b) of this section under which the application is made for a permit or permits, together with any additional justification, including supporting documentation as required by the referenced part(s) and section(s);

(4) If the requested permitted activity involves the import or re-export of wildlife or plants from or to any foreign country, and the country of origin, or the country of export or re-export restricts the taking, possession, transportation, exportation, or sale of wildlife or plants, documentation as indicated in §14.52(c) of this subchapter B;

(5) Certification in the following language:


I hereby certify that I have read and am familiar with the regulations contained in title 50, part 13, of the Code of Federal Regulations and the other applicable parts in subchapter B of chapter I of title 50, Code of Federal Regulations, and I further certify that the information submitted in this application for a permit is complete and accurate to the best of my knowledge and belief. I understand that any false statement herein may subject me to suspension or revocation of this permit and to the criminal penalties of 18 U.S.C. 1001.


(6) Desired effective date of permit except where issuance date is fixed by the part under which the permit is issued;

(7) Date;

(8) Signature of the applicant; and

(9) Such other information as the Director determines relevant to the processing of the application, including, but not limited to, information on the environmental effects of the activity consistent with 40 CFR 1506.5 and Departmental procedures at 516 DM 6, Appendix 1.3A.

(b) Additional information required on permit applications. As stated in paragraph (a)(3) of this section certain additional information is required on all applications. These additional requirements may be found by referring to the section of this subchapter B cited after the type of permit for which application is being made:


§ 13.21 Issuance of permits.
top
(a) No permit may be issued prior to the receipt of a written application therefor, unless a written variation from the requirements, as authorized by §13.4, is inserted into the official file of the Bureau. An oral or written representation of an employee or agent of the United States Government, or an action of such employee or agent, shall not be construed as a permit unless it meets the requirements of a permit as defined in 50 CFR 10.12.

(b) Upon receipt of a properly executed application for a permit, the Director shall issue the appropriate permit unless:

(1) The applicant has been assessed a civil penalty or convicted of any criminal provision of any statute or regulation relating to the activity for which the application is filed, if such assessment or conviction evidences a lack of responsibility.

(2) The applicant has failed to disclose material information required, or has made false statements as to any material fact, in connection with his application;

(3) The applicant has failed to demonstrate a valid justification for the permit and a showing of responsibility;

(4) The authorization requested potentially threatens a wildlife or plant population, or

(5) The Director finds through further inquiry or investigation, or otherwise, that the applicant is not qualified.

(c) Disqualifying factors. Any one of the following will disqualify a person from receiving permits issued under this part.

(1) A conviction, or entry of a plea of guilty or nolo contendere, for a felony violation of the Lacey Act, the Migratory Bird Treaty Act, or the Bald and Golden Eagle Protection Act disqualifies any such person from receiving or exercising the privileges of a permit, unless such disqualification has been expressly waived by the Director in response to a written petition.

(2) The revocation of a permit for reasons found in §13.28 (a)(1) or (a)(2) disqualifies any such person from receiving or exercising the privileges of a similar permit for a period of five years from the date of the final agency decision on such revocation.

(3) The failure to pay any required fees or assessed costs and penalties, whether or not reduced to judgement disqualifies such person from receiving or exercising the privileges of a permit as long as such moneys are owed to the United States. This requirement shall not apply to any civil penalty presently subject to administrative or judicial appeal; provided that the pendency of a collection action brought by the United States or its assignees shall not constitute an appeal within the meaning of this subsection.

(4) The failure to submit timely, accurate, or valid reports as required may disqualify such person from receiving or exercising the privileges of a permit as long as the deficiency exists.

(d) Use of supplemental information. The issuing officer, in making a determination under this subsection, may use any information available that is relevant to the issue. This may include any prior conviction, or entry of a plea of guilty or nolo contendere, or assessment of civil or criminal penalty for a violation of any Federal or State law or regulation governing the permitted activity. It may also include any prior permit revocations or suspensions, or any reports of State or local officials. The issuing officer shall consider all relevant facts or information available, and may make independent inquiry or investigation to verify information or substantiate qualifications asserted by the applicant.

(e) Conditions of issuance and acceptance —(1) Conditions of issuance and acceptance. Any permit automatically incorporates within its terms the conditions and requirements of subpart D of this part and of any part(s) or section(s) specifically authorizing or governing the activity for which the permit is issued, as well as any other conditions deemed appropriate and included on the face of the permit at the discretion of the Director.

(2) Any person accepting and holding a permit under this subchapter B acknowledges the necessity for close regulation and monitoring of the permitted activity by the Government. By accepting such permit, the permittee consents to and shall allow entry by agents or employees of the Service upon premises where the permitted activity is conducted at any reasonable hour. Service agents or employees may enter such premises to inspect the location; any books, records, or permits required to be kept by this subchapter B; and any wildlife or plants kept under authority of the permit.

(f) Term of permit. Unless otherwise modified, a permit is valid during the period specified on the face of the permit. Such period shall include the effective date and the date of expiration.

(g) Denial. The issuing officer may deny a permit to any applicant who fails to meet the issuance criteria set forth in this section or in the part(s) or section(s) specifically governing the activity for which the permit is requested.

[39 FR 1161, Jan. 4, 1974, as amended at 42 FR 32377, June 24, 1977; 47 FR 30785, July 15, 1982; 54 FR 38148, Sept. 14, 1989; 70 FR 18319, Apr. 11, 2005]

 

[Rare Feathers Farm]

a lady down the highway from me has a 3ft tall, very well-painted Bald Eagle--I think it's just cut out plywood? Anyway, it's on the top of her chicken coop! I noticed her run is uncovered--so I'm assuming it's to keep the hawks away? My hubby said she's had that for years and he remembers seeing ravens dive-bombing it!

 

[DiVon80]

Thats a good idear wood cut out painted like a bald eagle. Also I heard to get those garden glow/mirror balls. Put a few of them out there. One other thing the feed store here sells blow up owls(keep your minds out the gutter) they hang them in the garden and when the wind blows so do they, looks like they are moving. I also believe do what you have to do and keep your mouth shut. To me less govt. the better.