Migratory Birds and the Law

[Amigatec]

Quote:
States can make laws that do NOT contradict Federal regulations.

All "raptors" are protected under Federal law

No not ALL Raptors are protected, Eagles and Golden Eagles are protected by the Federal Eagle Act. Hawks, Owls, and Falcons are on the same list as Ducks, Quail, and Geese, yet Ducks, Quail and Geese are NOT afforded protection.

 

[halo]

http://www.fws.gov/migratorybirds/RegulationsPolicies/mbta/mbtintro.html

 

[gritsar]

Quote:
Sorry, but I take a huge exception to a blanket statement like that.

From the BYC rules: 3. No Flaming (verbally attacking people or groups of people - e.g. a profession, an organization, a company.)

Around here it's not the cops that are going to deal with someone killing a migratory bird, it's the Fish and Game guys. I agree with Fox. Take it up with the feds.

 

[Amigatec]

I have read the Laws, and NOTHING protects birds that are killing your Chickens or other wildlife. Try again.

 

[halo]

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=23900720bcd0d18153d6ee9cc5bf96c0&rgn=div5&view=text&node=50:1.0.1.2.4&idno=50#50:1.0.1.2.4.2.1.3


I dont think you have read the laws. Im reading nothing, absolutely nothing, that gives anyone leeway to kill a bird on the Migratory Bird Treaty, unless a special permit is obtained, and I dont see raptors on the permit section allowing any killing of any birds.

 

[Amigatec]

Again show me where they are protected when they are killing your Chickens??

I have posted the Law from Oklahoma, this Law has been in affect for 35 years and the Federal Gov has never forced the State to repeal it.

The CFR's and everything posted so far have been very general in nature. Killing Hawks that are killing your your Chickens is NOT inconsistent with Federal Laws. Just show me a Law where Hawks and Owls ARE protected when killing Livestock!!

 

[wood&feathers]

A very timely subject, the ongoing flame war aside. Though the statement about individual officers' interpretation of law is perhaps impolitic and overstated, it is a valid concern. Here in Ky we have had mayors and congressmen cited by USFWS (feds) for dove hunting violations after SPECIFICALLY querying state wildlife officials about their management and hunting plan for their property. Even if you THINK what you are doing is legal it serves NO purpose to publicize it. In other words, if you choose to shoot, shovel and shut up.

 

[oswegoscott]

"There is Farmer south of me that kills Hundreds of Deer every year because they are eating his corn"

Man,you have some dumb deer there !! What does he do with all that meat? Probably feeds his Mex laborers

 

[oswegoscott]

AMIGATEC Note amendment 1972

by Manny Medina
Resident Agent In Charge
U.S. Fish and Wildlife Service
Derby, KS
316/788-4474

The Protection of Raptors
The federal protection of migratory birds has a long history in the U.S. dating back to 1916 when a treaty was signed between the United States and Great Britain, on behalf of Canada, for the protection of most migratory birds. This treaty resulted in the enactment of the Migratory Bird Treaty Act (MBTA) in 1918, which is the basic law in effect today. Although raptors such as hawks and owls were not protected by the original Act, they were later included as an amendment in 1972. The bald eagle has been protected since the enactment of the Eagle Act in 1940 and the golden eagle, also under the Eagle Act, since 1962. State laws and regulations today likewise protect all migratory birds.

The precise language in the MBTA states:
“Unless and except as permitted by regulations made as hereinafter provided, it shall be unlawful at any time, by any means or in any manner, to pursue, hunt, take, capture, kill, attempt to take, capture, or kill, possess, offer for sale, sell, offer to barter, barter, offer to purchase, purchase, deliver for shipment, ship, export, import, cause to be shipped, exported, or imported, deliver for transportation, transport or cause to be transported, carry or cause to be carried, or receive for shipment, transportation, carriage, or export, any migratory bird, any part, nest, or egg of any such bird, or any product, whether or not manufactured, which consists, or is composed in whole or in part, of any such bird or any part, nest or egg.”

 

[Amigatec]

Quote:
He has to leave on the ground he can not harvest the meat.