We need your help to ensure that people who intentionally and wantonly kill protected birds receive strong penalties! We have an unprecedented opportunity before us to increase protections for native birds.
Representatives DeFazio, Hooley, Wu and Blumenauer have introduced an amendment to the Federal Migratory Bird Treaty Act that would make it a felony to intentionally kill protected bird species. We need your help to ensure that this legislation is adopted by Congress!
Why is this legislation needed? The primary law protecting native birds is the Migratory Bird treaty Act of 1918 (MBTA). Currently under the MBTA, illegal killing of protected bird species (except in cases involving sale of protected species or baiting of game birds) is a Class B Misdemeanor. Class B Misdemeanors are for minor offenses. Making illegal killing of protected bird species a Class B Misdemeanor literally puts this crime in the same category as using the Smokey Bear logo without authorization.
As a result, illegal killing of protected bird species have historically been a low priority for enforcement agencies, prosecutors and courts. This was never more apparent than in the recent "Roller Pigeon" cases in Oregon, California and Texas.
Federal authorities estimate that members of "Roller Pigeon" clubs which raise pigeons as a hobby were killing upwards of 2000-3000 red-tailed hawks, peregrine falcons and Cooper’s hawks each year using methods that included shooting, suffocation in plastic bags, poisoning, beating, rigging baited pigeons with fishing hooks and luring hawks into glass panels.
These crimes represent some of the most egregious and sadistic bird related crimes seen in decades. However, club members who pleaded guilty escaped with little more than a slap on the wrist. In California, club members were given a $2000 fine. In Oregon a judge ignored recommendations by both prosecutors and defense attorneys who suggested fines of $7500 or higher and instead dropped the penalty to $4000.
Most cases of illegal bird killing result in even smaller penalties if they are prosecuted at all! The proposed amendment to the Migratory Bird Treaty Act would send a strong message that Congress wants courts to take enforcement of our bird protection laws seriously and it would give prosecutors the ability to bring felony charges for the most serious crimes.
What does the legislation do? The "Migratory Bird Treaty Act Penalty and Enforcement Act of 2007" would make it a felony to intentionally violate the Migratory Bird Treaty Act.
Ø Intentional take of protected migratory birds would be a felony punishable by up to a $50,000 fine and/ or up to one year in jail
Ø Other intentional violations of the Migratory Bird Treaty Act would be a felony punishable by up to a $25,000 fine and/ or up to six months in jail
Ø The existing Class B Misdemeanor would remain intact and prosecutors would retain discretion as to whether to apply the felony or misdemeanor provisions.
How can you help? Currently a "Dear Colleague" letter is circulating in Congress seeking additional co-sponsors for this legislation. Building a broad list of co-sponsors for this bill is critical for passage. The bill will likely get a committee hearing sometime after the New Year: Here is how you can help see this bill through to passage:
- Write Representatives DeFazio, Hooley, Blumenauer and Wu and thank them for their leadership on this issue. Please let them know that you care about protection of native birds and encourage them to continue their efforts to see this bill through to passage. It is important to state that you support both retaining the existing "strict liability" misdemeanor penalty and creation of a new felony provision for the most serious intentional violations.
§ Congressman DeFazio: http://www.house.gov/...
§ Congressman Blumenauer: http://blumenauer.house.gov/...
§ Congressman Wu: http://www.house.gov/...
§ Congresswoman Hooley: http://hooley.house.gov/...
- Contact friends in other states and urge them to contact members of their congressional delegations to sign on as co-sponsors of this bill.
- Donate to the Portland Audubon Migratory Bird Protection Fund which provides rewards to people statewide who catch or illegally kill protected bird species ($2500 paid out in the last two months resulting in two convictions.)
Here is an Oregonian article on this effort.