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Legal Elimination of Hawks and Owls

Discussion in 'Predators and Pests' started by MayberrySaint, Dec 16, 2008.

  1. Guitartists

    Guitartists Resistance is futile

    Mar 21, 2008
    Michigan
  2. Guitartists

    Guitartists Resistance is futile

    Mar 21, 2008
    Michigan
    I think ASKING about permits is a lot like calling up and asking city hall about keeping chickens [​IMG] I think the answers you will get from an individual may vary greatly from the actual written letter of the law [​IMG]
     
  3. Guitartists

    Guitartists Resistance is futile

    Mar 21, 2008
    Michigan
    Ok.. finally found the answer! Looks like they are not very commonly requested, and only a small number get approved for Agricultural purposes..... but slightly better chances of getting one to protect property. Hmmm..which would chickens be?

    http://www.aphis.usda.gov/wildlife_damage/annual tables/03table5.pdf


    Here's some more info and links that are more up to date..... it looks like more often than not Pyrotechnics are employed to scare off the birds. Last year 4 Red Tail Hawks here in MI were scared off with them according to the tables.

    http://www.aphis.usda.gov/wildlife_damage/
     
    Last edited: Dec 16, 2008
  4. lobb40118

    lobb40118 Chillin' With My Peeps

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    Dec 1, 2008
    Indianapolis, IN
    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]
     
  5. adoptedbyachicken

    adoptedbyachicken Overrun With Chickens Premium Member

    OK folks the point has been made that it is possible to deal with raptors if you ask for and obtain a permit. There are forum rules here and if your going to participate please read and mind them. This is not about debating if you think they should or should not be dealt with, it's about sharing information on how to do it.

    NO name calling, no tree hugger or vegan accusations, no debate of the 'truth' as you see it. Just the facts, and these reguations clearly state that a permit can be applied for. It's up to each person to check their local laws, and to go through the steps necessary, and it's up to the offices involved to decide of the permit is issued.

    I'm going to reopen this. Please keep all this in mind.
     
  6. deerman

    deerman Rest in Peace 1949-2012

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    Aug 24, 2008
    Southern Ohio
    Quote:No matter what local laws are, you must go by the Federal Laws here in the states. When it come to bird of prey. Hard to get permits to kill them, you can get permit to trap.

    Been trying to read all these links, most have nothing to due with bird of prey.

    Lots are about migratory bird which do little harm.

    We need information on the bird of prey. Not all this info on waterfowl, and midratory birds . Yes we need permit to keep these and very easy to get.


    Just check with the Feds. and you will find getting permits to take or kill bird of prey. Will cost lots, and you will have a very hard time getting one.

    Dont get loss in all the link post that have nothing to do with the Hawks,Owls, and Eagles.
     
  7. lobb40118

    lobb40118 Chillin' With My Peeps

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    Dec 1, 2008
    Indianapolis, IN
    Quote:No matter what local laws are, you must go by the Federal Laws here in the states. When it come to bird of prey. Hard to get permits to kill them, you can get permit to trap.

    Been trying to read all these links, most have nothing to due with bird of prey.

    Lots are about migratory bird which do little harm.

    We need information on the bird of prey. Not all this info on waterfowl, and midratory birds . Yes we need permit to keep these and very easy to get.


    Just check with the Feds. and you will find getting permits to take or kill bird of prey. Will cost lots, and you will have a very hard time getting one.

    Dont get loss in all the link post that have nothing to do with the Hawks,Owls, and Eagles.

    if you were to look further into the FWS pages you would have noticed they have a list of migratory birds and birds of prey are in there.
    http://www.fws.gov/migratorybirds/intrnltr/mbta/mbtandx.html#o
     
  8. swampwander

    swampwander Chillin' With My Peeps

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    Oct 1, 2008
    Mims, Fl
    I am a ecologist who works in government. I have regulatory experience with the permits being discussed here. I get calls about birds of prey and ponds or livestock often. I also have a small (8 hens total) flock of free range layers and I've had my little banties chased by Cooper's hawks so I am empathetic. Here goes:

    You can apply for these permits. You need to expect to be asked what non-lethal methods you have applied to eliminate the problem. If you have not employed any methods such as extra cover or scaring the birds off, you will be asked to apply them first. If you do not apply non-lethal methods, you probably won't get the permit.

    It also needs to be understood that most hawks are migratory and will 'fatten up' prior to leaving for South America. Your chickens can provide easy targets if all the smaller birds such as dove have left. So, you will see a whole lot of them in a short amount of time.

    Owls aren't necessarily migratory, but they are still covered by the act. I had to get a permit to remove a Great Horned Owl nest from our government center this year.
     
  9. Jim-n-Janet

    Jim-n-Janet New Egg

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    Jan 11, 2008
    Have any of you folks actualy seen a hawk take one of your chickens ?
    I have an adult female and two yearling redtails in my backyard every day. I have 37 chickens (free range)7 large roos...5 RIR, 1 SLW and one mean nasty agressive 'cauna,3 open coops,2 pheasant runs and 5 feeders plus all the crack corn i toss on the ground every day.All this adds up to LOTS OF MICE AND MOLES !! In fact, i'm over run with mice and moles. The two yearling redtails are out there every day and they NEVER go after my chickens . I don't know for sure if it's the over abundance of rodents that keep the hawks fed and away from my birds or the vigilant roos(which are as big as the hawks). I'm guessing that those red tails would much rather deal with the rodents rather than a much larger prey like my birds. Make sense?
    Anywho, so far they have never gone after my girls. In fact, the only evidence i ever found of the hawks feeding was a semi eaten grey squirrel a few days ago and when the chickens went after it's kill the red tail didn't even bother with the chickens over that.
    If those redtails run out of rodents and prey on my girls from time to time.......oh well....i'm not gonna go bankrupt, be out of food or lose any sleep over critters doin what critters are desiged to do.
     
  10. AmberKimA

    AmberKimA New Egg

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    Oct 2, 2008
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    We are missing 3 chickens. There are no visible signs of predators; no digging, no tracks, no feathers, and no dead birds. We are thinking it is a bird of prey. Are we on the right track, and is the only way to protect them locking them up? They are free range and go to their coop at night.
     

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