Migratory Birds and the Law

[7L Farm]

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Guess, its a touchy situation. Just do what you gotta do. People keep talking cops. Shhhsh cops where I'm at could care less about a bird. The only bird they care about is a jail-bird. It would be the game warden not the cops enforcing the game laws.

 

[Amigatec]

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This was written in 1972. The Oklahoma Law was written in 1974 and amended in 1975.

 

[easttxchick]

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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

I don't understand what that statement has to do with Migratory Birds-this is absolutely a Federal Law that is implemented and enforced by the Parks and Wildlife/Fish and Game Depts.-not local law enforcement. This does not fall under the jurisdiction of local law enforcement.
I have no idea what benefit a police officer would from "making up a scam about anything", much less Federal laws protecting migratory birds-the ones in our cities and counties down here are overworked and underpaid enough as it is-they don't have time for junk like that.

 

[Amigatec]

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.

Can you cite some examples here?​

 

[oswegoscott]

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This was written in 1972. The Oklahoma Law was written in 1974 and amended in 1975.

FEDERAL LAW TAKES PRECEDENT

 

[Amigatec]

Quote:
This was written in 1972. The Oklahoma Law was written in 1974 and amended in 1975.

FEDERAL LAW TAKES PRECEDENT

I agree but show me where Migratory Bird are protected when killing Livestock. It's simple they ARE NOT, they may be protected at the State level, BUT NOT at the Federal Level.

 

[oswegoscott]

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FEDERAL LAW TAKES PRECEDENT

I agree but show me where Migratory Bird are protected when killing Livestock. It's simple they ARE NOT, they may be protected at the State level, BUT NOT at the Federal Level.

I sent this to reinforce your stance

 

[halo]

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.”[/quote]
This was written in 1972. The Oklahoma Law was written in 1974 and amended in 1975.
FEDERAL LAW TAKES PRECEDENT
I agree but show me where Migratory Bird are protected when killing Livestock. It's simple they ARE NOT, they may be protected at the State level, BUT NOT at the Federal Level.



I dont see anything in there that states "except when killing livestock".

 

[Amigatec]

Many States grant the right to their citizens to kill predators that are killing their livestock wither it be Hawks, Coyotes or Bears. The States also give us the right to hunt and kill Ducks, Quail and other protected animals. The States have that right, if they pass a Regulation then it is legal to kill them. If these Laws were illegal the USFWS would have told the State that these Laws are illegal, but after 35 years the Law is still in effect. The Federal Gov and the State work together to enforce these Laws.

Oklahoma just recently passed a Law allowing the hunting of Black Bears. Black Bears are also a protected animal.

 

[Sonoran Silkies]

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The feds do not require a state to repeal a law that is inconsistent with federal law; however, they can forbid its enforcement. If you read the US constitution you will discover that federal law preempts state laws. Federal courts rule all the time on laws that are considered to contradict federal law. Depending on the specific provisions of the law, it may be ruled that it is a constitutionally protected state statute, or that it contradicts enforceable federal law. The constitution grants the federal government the sole right to negotiate and sign international treaties, and the power to enact statutes to enforce them.

It you wish to taunt the law, expect and be willing to pay the consequences.