Migratory Birds and the Law

Discussion in 'Predators and Pests' started by Amigatec, Dec 4, 2010.

  1. Amigatec

    Amigatec Chillin' With My Peeps

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    Haskell Oklahoma
    Found a site here with Animal Laws for all 50 States.

    http://animallaw.info/

    Here I discovered that only some Migratory Birds have full protection here in Oklahoma. It is Legal to kill Hawks and Owls that are killing your chickens. NOTE: Eagles and Falcons are still protected.

    You might want to check your state to see what is Legal and what isn't.



    Oklahoma

    Oklahoma Statutes Annotated Currentness. Title 29. Game and Fish. Chapter 1. Oklahoma Wildlife Conservation Code. Article V. Game. Part 4. Protected Game. § 5-410. Hawks; falcons; owls; eagles

    Statute Details
    Printable Version
    Citation: OK ST T. 29 § 5-410

    Citation: 29 Okl. St. Ann. § 5-410

    Last Checked by Web Center Staff: 10/2010

    Summary:

    Oklahoma law prohibits the knowing and willful killing or molestation of hawks, falcons, owls, or eagles, or their nests, eggs, or young. The only exceptions to this prohibition are the taking of a hawk or owl in the act of destroying domestic birds or fowl, or the use of hawks, owls, falcons, or eagles by licensed falconers. For discussion of federal Eagle Act, see Detailed Discussion.


    Statute in Full:

    A. Except as otherwise provided, no person may knowingly and willfully, by means of any device, molest, injure or kill any species of hawk, falcon, owl or eagle, their nests, eggs or young.

    B. Birds exempt from this provision are:

    1. Any species of hawk or owl in the act of destroying domestic birds or fowl;

    2. Any species of hawk, falcon, owl or eagle, except those species prohibited by federal law, when taken by a licensed falconer for use in the practice of falconry, as provided in Section 29-5-206[29-5-206] of this Code.

    CREDIT(S)
    Laws 1974, c. 17, § 5-410, eff. April 8, 1974. Laws 1975, c. 16, § 2, eff. March 4, 1975.
     
  2. theFox

    theFox Chillin' With My Peeps

    Sep 21, 2009
    Standish, Maine
    Remember, just because something isn't a violation of state law doesn't mean the feds will give you a free ride.
     
  3. al6517

    al6517 Real Men can Cook

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    Quote:LOL you got that right, Cop's can think up any ole kinda thing to scam you or scare you, they just get off on that kinda thing it's their deal. WTS Just be careful and sensable when even considering any attempt at something like this, just to be safe. Chickens ain't worth jail time or a butt load of fines.

    AL
     
  4. Amigatec

    Amigatec Chillin' With My Peeps

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    Hawks and Owls have no special protections. Eagles do. The Migratory Bird Treaty Act covers hundreds of birds to include Dusks and Geese, The Law allows the States to write exceptions to the act. Almost ALL states have Duck and Geese seasons. I have found a number of States that have exceptions to Hawks and Owls.
     
  5. Amigatec

    Amigatec Chillin' With My Peeps

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    TITLE 16 > CHAPTER 7 > SUBCHAPTER II > § 708

    § 708. State or Territorial laws or regulations
    How Current is This?
    Nothing in this subchapter shall be construed to prevent the several States and Territories from making or enforcing laws or regulations not inconsistent with the provisions of said conventions or of this subchapter, or from making or enforcing laws or regulations which shall give further protection to migratory birds, their nests, and eggs, if such laws or regulations do not extend the open seasons for such birds beyond the dates approved by the President in accordance with section 704 of this title.
     
  6. Debbi

    Debbi Overrun With Chickens

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    Quote:So, in other words, it's pretty much up to the officer in charge to see the law as he sees fit? Approved by the President??? Don't care who the Pres is, sounds like you'll be spending some time in jail ! [​IMG]
     
  7. Amigatec

    Amigatec Chillin' With My Peeps

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    Hawks and Owls are on the same list as Bluebird, Cardinals, Ducks and Quail. Every State in the Union has Hunting Laws that allow you to hunt and kill Ducks, Quail, Geese and numerous other Migratory Birds. Eagles on the other hand are on a Separate List of protected Birds. The States are ALLOWED to make exceptions for Ducks, Geese, and Quail, the same way they are allowed to makes exceptions for Hawks and Owls. If these birds are causing damage to your property and the State makes it a Law, then it is LEGAL to kill these birds.

    In the State of Oklahoma it is also Legal to kill Deer that are eating your crops. There is Farmer south of me that kills Hundreds of Deer every year because they are eating his corn. If you can post any Laws to prove me wrong go ahead.
     
    Last edited: Dec 4, 2010
  8. Bear Foot Farm

    Bear Foot Farm Overrun With Chickens

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    making or enforcing laws or regulations not inconsistent with the provisions of said conventions or of this subchapter, or from making or enforcing laws or regulations which shall give further protection to migratory birds, their nests, and eggs

    States can make laws that do NOT contradict Federal regulations.

    All "raptors" are protected under Federal law​
     
  9. Amigatec

    Amigatec Chillin' With My Peeps

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    This State Law has been in effect for 35 years. If you can show me anywhere that it states Hawks and Owls have special protection then post it. I have posted numerous Laws and all I get back is somebodies opinion of the Law. I want to see where it specifiably states that Hawks and Owls cannot be killed under any circumstance.
     

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