[TN-Bird] Re: Barred Owl - Road Kill
- From: "Charles P. Nicholson" <cpnichol@xxxxxxxxxxxxx>
- To: Scott.Somershoe@xxxxxx, TN-Birds <tn-bird@xxxxxxxxxxxxx>, "alixparks@xxxxxxxxxxx" <alixparks@xxxxxxxxxxx>
- Date: Wed, 14 Mar 2012 18:58:05 -0700 (PDT)
Many years ago while I was attending graduate school in Maine, I stopped on the
Connecticut Turnpike to pick up a freshly killed Great Horned Owl that was in
very good condition. While I was walking back to the car with the owl, a
Connecticut highway patrolman happened to be driving by and pulled over. He
asked me what I was doing. I explained that I was salvaging the owl for the
collection at the University of Maine and showed him my banding permit. We
chatted a little about owls and other wildlife and he sent me on my way, with
the dead owl. I've picked up many road-killed birds since then, but have never
been questioned by any other law enforcement officers. I gave up my banding
permit several years ago and now rarely salvage dead birds. This is NOT a
recommendation or advice that anyone else salvage dead birds without the proper
permit.
Chuck Nicholson
Norris, TN
________________________________
From: Scott Somershoe <Scott.Somershoe@xxxxxx>
To: TN-Birds <tn-bird@xxxxxxxxxxxxx>; "alixparks@xxxxxxxxxxx"
<alixparks@xxxxxxxxxxx>
Sent: Wed, March 14, 2012 10:52:28 AM
Subject: [TN-Bird] Re: Barred Owl - Road Kill
Thank you Alix for posting this.
It is illegal for anyone without a special permit issued by the US Fish and
Wildlife Service to collect, keep, possess, or transport any part of or a whole
dead bird or their nests or eggs. The exception is that you may possess game
birds hunted legally under permit in season (i.e. ducks, turkey, dove, etc.).
Only those persons with salvage permits and/or are legally permitted by USFWS
may transport the bird(s), nests or eggs.
Typically people find dead birds under their window, etc. and take them to a
university or nature center for their respective collections. Without a
federal
permit, you are technically subject to fines and penalties under the Migratory
Bird Treaty Act if caught in the act.
Basically, the point is you cannot collect, store, or transport native birds or
their nests or eggs without permit. If you are caught by chance during a
traffic stop because you were hurrying to the local university because you
didn’t want to get caught with the dead bird, you can be subject to the fullest
extent of the law. I don’t know that this happens often, but I know it has
occurred in the past.
Yes, it is illegal for you to have that Barred Owl feather you found while
hiking (unless you have a permit, of course).
Hope that doesn’t completely muddy the water!
Cheers,
Scott Somershoe
Date: Wed, 14 Mar 2012 01:33:49 +0000 (UTC)
From: alixparks@xxxxxxxxxxx
Subject: [TN-Bird] Re: Barred Owl - Road Kill
According to the Federal Migratory Bird Treaty Act, anyone wishing to posses
any
migratory bird part even feathers must have a USFWS special purpose permit,
scientific collecting permit, or taxidermy permit.
Title 50: Wildlife and Fisheries
PART 21—MIGRATORY BIRD PERMITS
Subpart C—Specific Permit Provisions
Browse Previous | Browse Next
§ 21.27 Special purpose permits.
Permits may be issued for special purpose activities related to migratory
birds,
their parts, nests, or eggs, which are otherwise outside the scope of the
standard form permits of this part. A special purpose permit for migratory bird
related activities not otherwise provided for in this part may be issued to an
applicant who submits a written application containing the general information
and certification required by part 13 and makes a sufficient showing of benefit
to the migratory bird resource, important research reasons, reasons of human
concern for individual birds, or other compelling justification.
(a) Permit requirement. A special purpose permit is required before any person
may lawfully take, salvage, otherwise acquire, transport, or possess migratory
birds, their parts, nests, or eggs for any purpose not covered by the standard
form permits of this part. In addition, a special purpose permit is required
before any person may sell, purchase, or barter captive-bred, migratory game
birds, other than waterfowl, that are marked in compliance with §21.13(b) of
this part.
(b) Application procedures. Submit application for special purpose permits to
the appropriate Regional Director (Attention: Migratory bird permit office).
You
can find addresses for the Regional Directors in 50 CFR 2.2. Each application
must contain the general information and certification required in §13.12(a)
of
this subchapter, and the following additional information:
(1) A detailed statement describing the project or activity which requires
issuance of a permit, purpose of such project or activity, and a delineation of
the area in which it will be conducted. (Copies of supporting documents,
research proposals, and any necessary State permits should accompany the
application);
(2) Numbers and species of migratory birds involved where same can reasonably
be
determined in advance; and
(3) Statement of disposition which will be made of migratory birds involved in
the permit activity.
(c) Additional permit conditions. Inaddition to the general conditions set
forth
in part 13 of this subchapter B, special purpose permits shall be subject to
the
following conditions:
(1) Permittees shall maintain adequate records describing the conduct of the
permitted activity, the numbers and species of migratory birds acquired and
disposed of under the permit, and inventorying and identifying all migratory
birds held on December 31 of each calendar year. Records shall be maintained at
the address listed on the permit; shall be in, or reproducible in English; and
shall be available for inspection by Service personnel during regular business
hours. A permittee may be required by the conditions of the permit to file with
the issuing office an annual report of operation. Annual reports, if required,
shall be filed no later than January 31 of the calendar year followng the year
for which the report is required. Reports, if required, shall describe
permitted
activities, numbers and species of migratory birds acquired and disposed of,
and
shall inventory and describe all migratory birds possessed under the special
purpose permit on December 31 of the reportin
g year.
(2) Permittees shall make such other reports as may be requested by the issuing
officer.
(3) All live, captive-bred, migratory game birds possessed under authority of a
valid special purpose permit shall be physically marked as defined in
§21.13(b)
of this part.
(4) No captive-bred migratory game bird may be sold or bartered unless marked
in
accordance with §21.13(b) of this part.
(5) No permittee may take, purchase, receive or otherwise acquire, sell,
barter,
transfer, or otherwise dispose of any captive-bred migratory game bird unless
such permittee submits a Service form 3–186A (Migratory Bird
Acquisition/Disposition Report), completed in accordance with the instructions
on the form, to the issuing office within five (5) days of such transaction.
(6) No permittee, who is authorized to sell or barter migratory game birds
pursuant to a permit issued under this section, may sell or barter such birds
to
any person unless that person is authorized to purchase and possess such
migratory game birds under a permit issued pursuant to this part and part 13,
or
as permitted by regulations in this part.
(d) Term of permit. A special purpose permit issued or renewed under this part
expires on the date designated on the face of the permit unless amended or
revoked, but the term of the permit shall not exceed three (3) years from the
date of issuance or renewal.
[39 FR 1178, Jan. 4, 1974, as amended at 54 FR 38152, Sept. 14, 1989; 63 FR
52637, Oct. 1, 1998]
Title 50: Wildlife and Fisheries
PART 21—MIGRATORY BIRD PERMITS
Subpart C—Specific Permit Provisions
Browse Previous | Browse Next
§ 21.23 Scientific collecting permits.
(a) Permit requirement. A scientific collecting permit is required before any
person may take, transport, or possess migratory birds, their parts, nests, or
eggs for scientific research or educational purposes.
(b) Application procedures. Submit applications for scientific permits to the
appropriate Regional Director (Attention: Migratory bird permit office). You
can
find addresses for the Regional Directors in 50 CFR 2.2. Each application must
contain the general information and certification required in §13.12(a) of
this
subchapter, and the following additional information:
(1) Species and numbers of migratory birds or their parts, nests, or eggs to be
taken or acquired when it is possible to determine same in advance;
(2) Location or locations where such scientific collecting is proposed;
(3) Statement of the purpose and justification for granting such a permit,
including an outline of any research project involved;
(4) Name and address of the public, scientific, or educational institution to
which all specimens ultimately will be donated; and
(5) If a State permit is required by State law, a statement as to whether or
not
the applicant possesses such State permit, giving its number and expiration
date.
(c) Additional permit conditions. In addition to the general conditions set
forth in part 13 of this subchapter B, scientific collecting permits shall be
subject to the following conditions:
(1) All specimens taken and possessed under authority of a scientific
collecting
permit must be donated and transferred to the public scientific, or educational
institution designated in the permit application within 60 days following the
date such permit expires or is revoked, unless the permittee has been issued a
special purpose permit (See §21.27) authorizing possession for a longer period
of time.
(2) Unless otherwise provided on the permit, all migratory game birds taken
pursuant to a scientific collecting permit during the open hunting season for
such birds must be in conformance with part 20 of this subchapter;
(3) Unless specifically stated on the permit, a scientific collecting permit
does not authorize the taking of live migratory birds from the wild.
(4) In addition to any reporting requirement set forth in the permit, a report
of the scientific collecting activities conducted under authority of such
permit
shall be submitted to the issuing officer on or before January 10 of each
calendar year following the year of issue unless a different date is stated in
the permit.
(d) Term of permit. A scientific collecting permit issued or renewed under this
part expires on the date designated on the face of the permit unless amended or
revoked, but the term of the permit shall not exceed three (3) years from the
date of issuance or renewal.
[39 FR 1178, Jan. 4, 1974, as amended at 54 FR 38151, Sept. 14, 1989; 63 FR
52637, Oct. 1, 1998]
Title 50: Wildlife and Fisheries
PART 21—MIGRATORY BIRD PERMITS
Subpart C—Specific Permit Provisions
Browse Previous | Browse Next
§ 21.24 Taxidermist permits.
(a) Permit requirement. A taxidermist permit is required before any person may
perform taxidermy services on migratory birds or their parts, nests, or eggs
for
any person other than himself.
(b) Application procedures. Submit application for taxidermist permits to the
appropriate Regional Director (Attention: Migratory bird permit office). You
can
find addresses for the Regional Directors in 50 CFR 2.2. Each application must
contain the general information and certification required in §13.12(a) of
this
subchapter, and the following additional information:
(1) The address of premises where taxidermist services will be provided;
(2) A statement of the applicant's qualifications and experience as a
taxidermist; and
(3) If a State permit is required by State law, a statement as to whether or
not
the applicant possesses such State permit, giving its number and expiration
date.
(c) Permit authorizations. A permit authorizes a taxidermist to:
(1) Receive, transport, hold in custody or possession, mount or otherwise
prepare, migratory birds, and their parts, nests, or eggs, and return them to
another.
(2) Sell properly marked, captive reared migratory waterfowl which he has
lawfully acquired and mounted. Such mounted birds may be placed on consignment
for sale and may be possessed by such consignee for the purpose of sale.
(d) Additional permit conditions. In addition to the general conditions set
forth in part 13 of this subchapter B, taxidermist permits shall be subject to
the following conditions:
(1) Permittees must keep accurate records of operations, on a calendar year
basis, showing the names and addresses of persons from and to whom migratory
birds or their parts, nests, or eggs were received or delivered, the number and
species of such, and the dates of receipt and delivery. In addition to the
other
records required by this paragraph, the permittee must maintain in his files,
the original of the completed Form 3–186, Notice of Waterfowl Sale or
Transfer, confirming his acquisition of captive reared, properly marked
migratory waterfowl from the holder of a current waterfowl sale and disposal
permit.
(2) Notwithstanding the provisions of paragraph (c) of this section, the
receipt, possession, and storage by a taxidermist of any migratory game birds
taken by another by hunting is not authorized unless they are tagged as
required
by §20.36 of this subchapter. The required tags may be removed during the
taxidermy operations but must be retained by the taxidermist with the other
records required to be kept and must be reattached to the mounted specimen
after
mounting. The tag must then remain attached until the mounted specimen is
delivered to the owner.
(e) Term of permit. A taxidermist permit issued or renewed under this part
expires on the date designated on the face of the permit unless amended or
revoked, but the term of the permit will not exceed five (5) years from the
date
of issuance or renewal.
[39 FR 1178, Jan. 4, 1974, as amended at 54 FR 38151, Sept. 14, 1989; 63 FR
52637, Oct. 1, 1998; 70 FR 18320, Apr. 11, 2005]
Browse Previous | Browse Next
For questions or comments regarding e-CFR editorial content, features, or
design, email ecfr@xxxxxxxx .
For questions concerning e-CFR programming and delivery issues, email
webteam@xxxxxxx .
Section 508 / Accessibility
Warm regards,
Alix
----- Original Message -----
From: "David Patterson" <dpatterson9328@xxxxxxxxxxx>
To: tn-bird@xxxxxxxxxxxxx
Sent: Tuesday, March 13, 2012 5:09:40 PM
Subject: [TN-Bird] Barred Owl - Road Kill
There is a very good condition new road kill Barred Owl nearby. Anyone wishing
to have it e-mail me or call 423 485 8425
David Patterson
Houston Lane
Ooltewah, Hamilton County
423 485 8425
State Ornithologist
Tennessee Wildlife Resources Agency
P.O. Box 40747
Nashville, TN 37204
615-781-6653 (o)
www.tnwatchablewildlife.org
www.pbase.com/shoeman
Other related posts:
