Every 'Hawk' has his day

[John Pearson]

Did eaten songbird claw its way through hawk?
A hawk that had just eaten a songbird whole was found dead on a highway - with the bird's claw protruding through the hawk's chest.
http://www.msnbc.msn.com/id/24294408/from/ET/

Very interesting article i thought you would all enjoy. Especially the purple Martin landlords among us since they think the song bird was a sparrow. We get a 2-fer since both species don't help or PM's.

John

[Terry Suchma]

Dear John,

WOW! That was quite a story. I have never heard of that before.

Thanks for providing the article link for us and for you wonderful participation here on the RTCs!

Terry

[redrod]

Great story. I had a hawk harassing my Matins Last year for a few days. It is legal here in Tennessee to shoot them so I felt helpless. I don't think any of Martin fell victim to the hawk but they were all tore up while that hawk was flying around.

Darn Raptors :mad:

http://www.squidoo.com/Purple-Martins

[Terry Suchma]

Dear Redrod,

When I read your note, I was 99.9% sure that you were not aware of the laws that protect migratory birds today.

Since 1918, there have been various laws passed that now protect migratory birds with hawks being included in the birds enjoying this protection by this law.

This law was reinforced more in 1936, 1960, 1968, 1969, 1974, 1978, 1986 and 1989 with the passage of the law posted at this end of this note.


It is completely illegal for anyone in Tennessee or any other state in the United States to harm hawks.

The only reason that some Tennesseeans are under the impression that hawks may be shot may be from an old State of Tennessee State Assembly act passed in 1905 which preceded the current laws. Any laws after 1905, including the Migratory Bird Treat Act (MBTA) enacted in 1981 and amended up until recent years, supercedes the old 1905 law.

Hawks are troublesome to Purple Martin landlords. But, just as Purple Martins are protected, hawks, too, are fully covered and protected by both state and federal wildlife laws.

Just to bolster my comments, I spoke just this morning with a federal US Fish and Wildlife Service Agent in Charge, in Nashville, TN who confirmed the protection of hawks and all other migratory birds.

Agent in Charge (US Fish and Wildlife) (Nashville, TN) (615) 736-5532

Not only is it illegal to harm hawks in all 50 states, but the infraction results in fines upwards of thousands of dollars and/or time in jail and even hundreds of hours spent in community service.

Just last year, an idiot golfer, incited because of the sounds emanating from a nearby Red Tailed Hawk made repeated shots with his club and golf balls to quiet the hawk. The golfer even changed his position to move in closer to get a better chance of hitting the bird with a golf ball. He succeeded and the hawk fell through the tree to the ground.

There was such an uproar about this.

As a consequence of his actions, the golfer was fined heavily and sentenced to 500 hours of community service for his actions an as a public example.

Here are two links to follow this story:

http://sportsbybrooks.com/golfer-kills-hawk-with-ball-16461

http://www.boingboing.net/2008/03/07/pro-golfer-hits-ball.html



MIGRATORY BIRD TREATY ACT

16 U.S.C. §§ 703-712, July 3, 1918, as amended 1936, 1960, 1968, 1969, 1974, 1978, 1986 and 1989.


Overview. The Migratory Bird Treaty Act implements various treaties and conventions between the U.S. and Canada, Japan, Mexico and the former Soviet Union for the protection of migratory birds. Under the Act, taking, killing or possessing migratory birds is unlawful.

Prohibited Acts. Unless permitted by regulations, the Act provides that it is unlawful to pursue, hunt, take, capture or kill; attempt to take, capture or kill; possess, offer to or sell, barter, purchase, deliver or cause to be shipped, exported, imported, transported, carried or received any migratory bird, part, nest, egg or product, manufactured or not. Subject to limitations in the Act, the Secretary of the Interior (Secretary) may adopt regulations determining the extent to which, if at all, hunting, taking, capturing, killing, possessing, selling, purchasing, shipping, transporting or exporting of any migratory bird, part, nest or egg will be allowed, having regard for temperature zones, distribution, abundance, economic value, breeding habits and migratory flight patterns. Regulations are effective upon Presidential approval. §§ 703 and 704.

The Act makes it unlawful to: ship, transport or carry from one state, territory or district to another, or through a foreign country, any bird, part, nest or egg that was captured, killed, taken, shipped, transported or carried contrary to the laws from where it was obtained; import from Canada any bird, part, nest or egg obtained contrary to the laws of the province from which it was obtained. § 705.

Arrests/Search Warrants. To enforce the Act, authorized Department of Interior employees may: without a warrant, arrest a person violating the Act in the employee's presence or view; execute a warrant or other process issued by an officer or court to enforce the Act; search any place with a warrant. All birds, parts, nests or eggs that are captured, killed, taken, offered or sold, bartered, purchased, shipped, transported, carried, imported, exported or possessed contrary to the Act will be seized and, upon conviction of the offender or upon court judgment, be forfeited to the U.S. and disposed of by the Secretary. § 706.

Violations/Penalties. According to the Act, a person, association, partnership or corporation which violates the Act or its regulations is guilty of a misdemeanor and subject to a fine of up to $500, jail up to six months, or both. Anyone who knowingly takes a migratory bird and intends to, offers to, or actually sells or barters the bird is guilty of a felony, with fines up to $2,000, jail up to two years, or both. (Permissible fines are increased significantly by the Sentencing Reform Act of 1984, as amended in 1987, which is summarized separately in this Handbook.)
All guns, traps, nets, vessels, vehicles and other equipment used in pursuing, hunting, taking, trapping, ensnaring, capturing, killing, or any attempt on a migratory bird in violation of the Act with the intent to sell or barter, must be forfeited to the U.S. and may be seized and held pending prosecution of the violator. The property is to be disposed of and accounted for by the Secretary. § 707.

Miscellaneous. The Act should not be construed to prevent states and territories from making or enforcing laws or regulations not inconsistent with the Act or which give further protection to migratory birds, nests and eggs, if such laws and regulations do not extend open seasons. § 708.

The Act cannot be construed to prevent the breeding of migratory game birds on farms and preserves, and the sale of birds lawfully bred to increase the food supply. § 711.
In accordance with the various migratory bird treaties and conventions, the Secretary is authorized to issue regulations to assure that the taking of migratory birds and their eggs by the indigenous inhabitants of Alaska is permitted for their nutritional and other essential needs during established seasons. § 712.

[redrod]

I meant to say it is illegal not Legal sorry to upset you so. Yes I am aware you can't shoot hawks and they are a needed component to our ecosystem.

http://www.squidoo.com/Purple-Martins

[redrod]

Oh! and everyone I know of here in TN, all are aware that Hawks are protected and can't be killed for any purpose. Even the folks that raise chickens around these parts respect the fact that if a hawk gets one their prized chickens, that day the hawk won and they will do a better job of watching over their chickens when they are out in the yard. To shoot a Hawk is definitely not what people do or think you can do In Tennessee at least the ones I know.

My wife and I once found a wounded Hawk, probably hit by a car and we took it to the vet clinic in our area that specialized in bird surgery. We spent over $200 for them to care for the Hawk unfortunately it died anyway. So don't let my one misspelled word give anyone a license to think us Tennesseans aren't respectful of Hawks. As a result the state of TN has a healthy Hawk population.

http://www.squidoo.com/Purple-Martins

[Terry Suchma]

Dear Redrod,

Oh, I was not upset. Your typo gets me in gear to put on my education and reserch hat on. It gives me another opportunity to say that hawks are birds, too, and like martins live their own lives as Nature dictates. Hawks and martins both have something in common.

They are both predators.

Accipter Hawks take birds to cull naturally the number of birds and martins cull the number of insects, some of them quite nice, pretty and pleasing--like butterflies, moths and honeybees.

Thank you, Redrod for coming back to correct the typo.

Terry

[redrod]

Gotcha we move on. :)

http://www.squidoo.com/Purple-Martins