I have lately heard of several instances where landowners are taking matters into their own hands and killing birds that they consider nuisances.\u00a0 These reports involve recently returned songbirds like House Wrens whose energetic singing in the early morning disturbs peoples\u2019 sleep and woodpeckers drumming on eaves or searching for insects in trees on a landowner\u2019s woodlot.\u00a0 Such killing is a federal misdemeanor and is punishable by a fine not to exceed $15,000 or imprisonment not to exceed six months for each bird killed.\u00a0 The financial risks are therefore huge.\u00a0 I thought today\u2019s column would be beneficial in presenting information on federal laws related to birds.<\/p>\n
These federal laws that protect our native birds were enacted in the Migratory Bird Treaty of 1918.\u00a0 \u201cMigratory bird\u201d is taken to mean any native bird.\u00a0 Specifically, there is a federal prohibition, unless permitted by regulations, for anyone to “pursue, hunt, take, capture, kill, attempt to take, capture or kill, possess, offer for sale, sell, offer to purchase, purchase, deliver for shipment, ship, cause to be shipped, deliver for transportation, transport, cause to be transported, carry or cause to be carried by any means whatever, receive for shipment, transportation or carriage, or export at any time, or in any manner, any migratory bird, included in the terms of this Convention . . . for the protection of migratory birds . . . or any part, nest, or egg of any such bird.” (16 U.S.C. 703).<\/p>\n
Most states have similar regulations protecting native birds, such that violations may be both federal and state crimes.<\/p>\n
Let\u2019s break down this long federal statute.\u00a0 First, it is illegal to kill a native bird.\u00a0 Exceptions are gamebirds whose management falls under both federal and state control. In Maine, gamebirds include Ruffed Grouse, Ring-necked Pheasant, Wild Turkey, waterfowl, rails, American Woodcock, Wilson\u2019s Snipe and Mourning Doves.\u00a0 Such regulations set the hunting season and the maximum number of birds that can taken.\u00a0 Federal and state hunting permits are required.<\/p>\n
Ornithologists who wish to collect native birds for scientific research must obtain a federal Scientific Collecting Permit.\u00a0 This permit requires that the applicant present strong evidence for the need for collecting birds.\u00a0 Most states require a state collecting permit as well.\u00a0 A Scientific Collecting Permit is also required if a person wishes to maintain wild birds in captivity.<\/p>\n
Capturing a native bird requires a federal Bird Banding Permit and usually a state banding permit as well.\u00a0 A Master Banding Permit is not easy to obtain.\u00a0 One must first gain experience in removing birds from mistnets and handling birds.\u00a0 The application form requires the endorsement of two Master Banders who can vouch for an applicant\u2019s skill.\u00a0 Then, the applicant must provide a sound scientific justification for the proposed research in which banding birds is required. Mistnets or traps for bird capture may not be purchased without a Master Banding Permit.<\/p>\n
So far, we can see that federal and state laws prohibit the killing and capture of native birds without the appropriate permits to do so.\u00a0 In the statute above, you can also see that it is illegal to possess a bird or any part thereof.\u00a0\u00a0 It is therefore illegal to have even a single feather of a native bird in your possession.\u00a0 What\u2019s the harm in picking up a bird feather you might ask?\u00a0 The strictness of the statute makes sense from a regulatory point of view.<\/p>\n
Imagine a man had a recently prepared mount of a Bald Eagle in his home.\u00a0 When questioned about how he came to have the Bald Eagle, the man claims he found it dead on the roadside and used his taxidermy skills to mount the eagle in a lifelike pose.\u00a0 One might suspect that this man may have shot the Bald Eagle, but has no proof.\u00a0 With the \u201cillegal possession\u201d statute, the man would be in violation of the law.\u00a0 Scofflaws could not make an end run around the stricture against killing native birds by claiming they found a specimen dead.\u00a0 To possess whole birds, feathers or eggs, a federal Salvage Permit is required.<\/p>\n
How about introduced birds?\u00a0 They are not protected under the Migratory Bird Treaty.\u00a0 Rock Pigeons, European Starlings and House Sparrows may be captured, killed or possessed without any legal repercussions.<\/p>\n
Springtime heralds the return of the migratory birds from their winter homes.\u00a0 The morning chorus of birds is beautiful to many people, but to some the exuberant singers disturb sleep and create too much music.\u00a0 The good news for those people is that by mid-June the birds are nesting and much quieter.<\/p>\n
[First published on May 15, 2011]<\/p>\n\n
I have lately heard of several instances where landowners are taking matters into their own hands and killing birds that they consider nuisances.\u00a0 These reports involve recently returned songbirds like House Wrens whose energetic singing in the early morning disturbs peoples\u2019 sleep and woodpeckers drumming on eaves or searching for insects in trees on a […]<\/p>\n","protected":false},"author":146,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_s2mail":"","ngg_post_thumbnail":0,"footnotes":""},"categories":[432,921],"tags":[],"builder_content":"","_links":{"self":[{"href":"https:\/\/web.colby.edu\/mainebirds\/wp-json\/wp\/v2\/posts\/396"}],"collection":[{"href":"https:\/\/web.colby.edu\/mainebirds\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/web.colby.edu\/mainebirds\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/web.colby.edu\/mainebirds\/wp-json\/wp\/v2\/users\/146"}],"replies":[{"embeddable":true,"href":"https:\/\/web.colby.edu\/mainebirds\/wp-json\/wp\/v2\/comments?post=396"}],"version-history":[{"count":1,"href":"https:\/\/web.colby.edu\/mainebirds\/wp-json\/wp\/v2\/posts\/396\/revisions"}],"predecessor-version":[{"id":397,"href":"https:\/\/web.colby.edu\/mainebirds\/wp-json\/wp\/v2\/posts\/396\/revisions\/397"}],"wp:attachment":[{"href":"https:\/\/web.colby.edu\/mainebirds\/wp-json\/wp\/v2\/media?parent=396"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/web.colby.edu\/mainebirds\/wp-json\/wp\/v2\/categories?post=396"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/web.colby.edu\/mainebirds\/wp-json\/wp\/v2\/tags?post=396"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}