Forum Index > Public Lands Stewardship > Federal Prosecution for hitting a bird with your car?
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Tom
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PostThu Feb 06, 2020 7:34 pm 
Yes, it's just an excuse to post politics which is not allowed here. What am I missing? Has nothing to do with a anyone hitting a sparrow with their car.

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Bernardo
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PostThu Feb 06, 2020 9:02 pm 
This weekend while I was driving to hike, a hawk of some kind swooped just feet from my windshield. I think it was gliding in to pounce on something on the other side of the road. It paid no notice to me and my car and was completely focused on the attack. It must take a lot of concentration to catch prey to eat, but that focus alnost cost thus bird it's life. It happened in an instant, but I got a rate good look of a wild bird of prey.

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Ski
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PostThu Feb 06, 2020 9:42 pm 
^ Red-Tail hawks perch on the light poles along the freeways to spot mice and other critters whose homes are in the freeway medians. I see them quite often on the 6th Avenue on-ramp to eastbound Hwy 16.

"I shall wear white flannel trousers, and walk upon the beach. I have heard the mermaids singing, each to each."
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Tom
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PostThu Feb 06, 2020 10:31 pm 
Well, it wan't posted in Stewardship. First thing that seemed odd was why a "climate news" blog was posting that opinion piece. Then again they are a clearing house for think tank news. One concern is raised in the American Bird Conservancy quote that Randy posted:
American Bird Conservancy wrote:
At 100, Successful Law is Under Attack In a legal opinion issued December 2017, the Administration abruptly reversed decades of government policy and practice — by both Democratic and Republican administrations — on the implementation and enforcement of the MBTA. The Act's prohibition on the killing or "taking" of migratory birds has long been understood to extend to “incidental take” — meaning unintentional, but predictable and avoidable, killing from threats such as oil pits that trap birds, and tall towers and power lines responsible for many bird collisions. Under the Administration's revised interpretation, the MBTA's protections will apply only to activities that purposefully kill birds. Any incidental take — no matter how inevitable, avoidable, or devastating its impact on birds — is now immune from enforcement under the law.
Other dissenting opinions: The Migratory Bird Treaty Act, Explained 17 Former Federal Officials to Zinke: Don't Change the Migratory Bird Treaty Act More than 500 Organizations in All 50 States Urge Congress to Defend Bird Protection Law

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Malachai Constant
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PostThu Feb 06, 2020 11:50 pm 
Just trolling by the usual suspects for the usual reasons. huh.gif

"You do not laugh when you look at the mountains, or when you look at the sea." Lafcadio Hearn
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PostFri Feb 07, 2020 12:04 am 
gives y'all somethin' to do when the weather's so crappy! lol.gif

"I shall wear white flannel trousers, and walk upon the beach. I have heard the mermaids singing, each to each."
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Kascadia
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PostFri Feb 07, 2020 12:20 am 
Introduced January 8, 2020 https://www.govtrack.us/congress/bills/116/hr5552 And Audubon's reporting on the bill: https://www.audubon.org/news/audubon-congress-must-pass-new-bird-protection-bill

It is as though I had read a divine text, written into the world itself, not with letters but rather with essential objects, saying: Man, stretch thy reason hither, so thou mayest comprehend these things. Johannes Kepler
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Pyrites
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PostFri Feb 07, 2020 11:14 am 
I’ve got a brother who forwards Watts Up stuff when he’s been drinking but is still able to stand up. Writes high on rant, low own reason, material. He doesn’t meet current standards for science writers of disclosure of funding sources. Best.

Keep Calm and Carry On? Heck No. Stay Excited and Get Outside!
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MtnGoat
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PostFri Feb 07, 2020 12:51 pm 
And that's perfectly reasonable, and reforms which make it impossible be used against individuals with respect to accidents are good ones. Improving law so often means focusing it.

Diplomacy is the art of saying 'Nice doggie' until you can find a rock. - Will Rogers
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Cyclopath
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PostFri Feb 07, 2020 12:54 pm 
catsp wrote:
Some people are apparently okay with an incredibly over broad (interpretation of) law that criminalizes their own behavior because they're confident they won't actually be prosecuted. In truth, I'm not particularly concerned myself with prosecution for accidentally collecting migrating birds in the grill of my car.
Of all the things to worry about or put energy into changing, the worry that federal detectives are going to track you down for hitting a finch with your car isn't even in the top thousand.

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Tom
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PostFri Feb 07, 2020 1:49 pm 
Why do you think they re-wrote the law among all other priorities? Concern over individual liberties? The terms hoodwinked and bamboozled come to mind.

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Cyclopath
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PostFri Feb 07, 2020 2:01 pm 
Tom wrote:
Why do you think they re-wrote the law among all other priorities? Concern over individual liberties? The terms hoodwinked and bamboozled come to mind.
Probably to allow some factory to pollute some waterway used by migratory birds.

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Tom
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PostFri Feb 07, 2020 3:14 pm 
OK, so the law has simply been reinterpreted. No individual liberties have actually been protected. If you're worried 'bout them coming after you for incidental take I'd think you still need to be afraid, very afraid! According to the opposition, this legal opinion prevents enforcement of all incidental take, removing incentives for companies to adopt practices that protect birds from threats such as oil waste pits. It also eliminates penalties for companies that kill substantial numbers of birds, including from large oil spills.

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PostFri Feb 07, 2020 3:19 pm 
Tom wrote:
The terms hoodwinked and bamboozled come to mind.
That is a given concerning anything having anything to do with Zinke or any of his co-conspirators. This thread should be in Stewardship.

"I shall wear white flannel trousers, and walk upon the beach. I have heard the mermaids singing, each to each."
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Slugman
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PostFri Feb 07, 2020 5:13 pm 
Holy cow, you write a lot to say nothing, or at least nothing that makes sense. Look at this utter nonsense you wrote: “Some people are apparently okay with an incredibly over broad (interpretation of) law that criminalizes their own behavior because they're confident they won't actually be prosecuted.” This is false, as had been pointed out to you repeatedly. You also keep saying that the previous interpretation of the law criminalized every bird kill, also ludicrous. Your pearl-clutching, breathless attacks on the old interpretation of the law shows you to either be brainwashed yourself, or you are trying to brainwash others. This change was an anti-environmental “gotcha” done to benefit business and be a slap in the face to anyone who cares about birds.

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Forum Index > Public Lands Stewardship > Federal Prosecution for hitting a bird with your car?
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