Conservation Corner: November 13, 2000

Federal Laws Protect Raptors And Other Birds, Part II
by James L. Cummins

This is part 2 of the series on raptors, commonly referred to as birds of prey, They are characterized by their hooked beaks, large talons, keen eyesight and meat-eating habits. Raptors include falcons, hawks, eagles, ospreys, vultures, kites and owls.

The Migratory Bird Treaty Act authorizes the issuance of permits to control depredating birds such as raptors, providing that certain criteria are met. A description of the area where the depredations are occurring, the nature of the interests being injured, the extent of the injury, and a description of the particular species of raptors committing the injury is required. A depredation permit does not grant the killing of migratory birds unless specifically authorized and stated on the permit. While the Service remains responsible for issuing depredation permits, in 1986, Congress transferred the administrative responsibilities for the Animal Damage Control program from the Department of the Interior to the Wildlife Services program of the Department of Agriculture. Now, both Federal agencies, as well as State wildlife agencies, have specific responsibilities for predator control programs.

The black market, pesticide misuse and indiscriminate killings continue to contribute to the decline of some raptor populations. To further prevent decline, raptors brought into the U.S. from other countries are subject to laws that curtail exploitation and help prevent the spread of avian diseases. Currently, 11 species of raptors in the United States are listed on the Endangered Species List.

Raptors legally obtained before the effective date of Federal protection - March 10, 1972 - are considered "pre-Act raptors" and may be possessed, transported, given or donated without a Federal permit. However, appropriate permits are required for the import or export of all raptors. Under no circumstances can pre-Act raptors be legally purchased, sold or bartered or offered for purchase, sale, or barter. Offspring of pre-Act raptors hatched and reared in captivity after the effective date of Federal protection are covered by the law and all regulations and permit requirements apply.

Falconry is the sport of hunting with trained raptors. Falconers need to have a falconry license and must comply with all Federal and State laws regarding raptors used for falconry purposes. A licensed fal­coner may capture, possess and transport certain species of raptors without a permit. However, a permit is required to sell, purchase, barter, import or export any raptor. Maximum possession for a Master level falconer is 3 birds in any calendar year.

Violations of Federal migratory bird regulations (including permit requirements) are punishable by fines of up to $5,000 and six months in prison and revocation of permits. Sale or barter of raptors is a felony punishable by a $250,000 fine and two years in prison. Violations involving endangered species are subject to maximum fines of $100,000 and one year in prison for each count. Persons violating the Bald Eagle Protection Act can incur fines of $100,000 and 1 year in prison.

James L. Cummins is Executive Director of the Mississippi Fish and Wildlife Foundation in Stoneville, Mississippi. Known as "Wildlife Mississippi," the Foundation is a non-profit, conservation organization founded to conserve, restore and enhance fish, wildlife and plant resources throughout Mississippi.