cb2w+@andrew.cmu.edu (Christopher Waldemar Bochna) (01/19/91)
In article <1940@sun13.scri.fsu.edu> sandee@sun16.scri.fsu.edu (Daan Sandee) writes: >There are about 800 native species of birds in the US, including Hawaii, >and excluding Puerto Rico, Guam, etc. Is that about the right number for >50 CFR 10.13? Yeah, I'd say there are about 800 birds listed. Also in the list are a lot of birds which are considered strictly accidental. >Does 10.20 (hunting) have an inclusive list of species of game birds for >which states can declare open seasons? Or can a state allow hunting on any >species except when protected by the Endangered Species Act? Ah, here's a bit of confusion which I should have cleared up in my first post. At the beginning of this volume of the Code of Federal Regulations, it states: "To cite the regulations in this volume use title, part and section number. Thus, 50 CFR 1.1 refers to Title 50, Part 1, Section 1." So 50 CFR 20, not 50 CFR 10.20, is the part that covers migratory bird hunting regulations, and is about 23 pages long, so I won't write the whole thing out here. The definition of 'migratory game bird' as listed in 50 CFR 20.11 is as follows: "'Migratory game birds' means those migratory birds included in the terms of conventions between the United States and any foreign country for the protection of migratory birds, for which open seasons are prescribed in this part and belong to the following families: (1) Anatidae (ducks, geese [including brant] and swans); (2) Columbidae (doves and pigeons); (3) Gruidae (cranes); (4) Rallidae (rails, coots and gallinules); and (5) Scolopacidae (woodcock and snipe)." Before you think that any state can willfully open a hunting season on whooping cranes and other endangered species, 50 CFR 20.71 states "No person shall at any time, by any means or in any manner, take, possess, transport, or export any migratory bird, or any part, nest, or egg of any such bird, in violation of any act of Congress or any regulation issued pursuant thereto." And in fact, 50 CFR 17.21 states, "...It is unlawful to take endangered wildlife within the United States, within the territorial sea of the United States, or upon the high seas..." without a permit. Also in 50 CFR 20.133, It states that any state, except for Hawaii, can establish a hunting season for crows. In 50 CFR 21.43, it states that a federal permit is not required to "control yellow-headed red-winged, bi-colored red-winged, tri-colored red-winged, Rusty and Brewer's blackbirds, cowbirds, all grackles, crows, and magpies when found committing or about to commit depredation of ornametnal or shade trees, agricultural crops, livestock, or wildlife, or when concentrated in such numbers and manner as to constitute a health hazard or other nuisance" provided that the birds killed are not to be sold or offered for sale, that any person doing this will allow a Federal or State game agent to inspect the premises where this is being done, and that this regulation should not be construed to authorize the killing of such birds contrary to any State law. There are also 3 other parts describing similar regulations for about 10 types of birds in California, purple gallinules in Louisiana, and scrub and Steller's jays in Washington and Oregon. When I spoke to a few of my friends who know a LOT more about bird law than I do, they said that state laws can range from complying fully with Federal law to having totally different and contradictory laws. I've checked Pennsylvania law myself, and I haven't found anything radically different from Federal Law, but there are probably a few states that tell the Feds to screw off. In any case, with the relevant permit, a person can do whatever he pleases. All it takes is a very good reason, or a corrupt official and a few bucks. If anyone else is interested in this area of law, I heartily suggest a trip to the library. Most well stocked libraries will have a copy of the Code of Federal Regulations, on paper or microfiche. The good parts are Title 50, parts 1 through 199. Also check out the United States Code, specifically Title 16. There they list the text of the Endangered Species Act, Migratory Bird Treaty Act, and Bald Eagle Protection Act. Want any more info? I love looking this stuff up. Until later, Chris Bochna cb2w+@andrew.cmu.edu *Note: I am not a lawyer or a law student. I like law, but I don't want it to be my livelihood.