Shoot. I was just about to comment on how well this touchy subject had been managed.
My usual style is to make a remark on this listserve when I think the conversation has spun into some sort of unproductive confrontation. (Okay, I'll admit I'm kind of a Sesame Street "let all get along" nerd-type; in my view, there aren't so many of us nature freaks out there, so let's not fight over the picayune.) Yet the laws on carcass-feather-etc. possession are out there, and potentially very serious. These laws arose from a number of valid concerns, including migratory bird parts trading, öology excesses, and the like. But shouldnt we be lobbying explicitly for a more "now-time" set of rules that differentiate valuable, well-intentioned, scientifically oriented "road kill scraper" enthusiasm from commercial or otherwise self-serving motives? Along this line, why aren't government agents coming on-line to describe "collection agent" options, versus brandishing potential penalties? Let's face it, our environment is crumbling full of climatological and chemical insults and dead loons washing up on beaches are important to examine. So why reinforce anachronistic barriers at the governmental level, however carefully they may be disregarded in day-to-day practice? This kind of data collection should be espoused, not just tolerated sub rosa. Oops, I guess Ive drifted into opinion-giving. My bad. Rick -----Original Message----- From: [email protected] [mailto:[email protected]] On Behalf Of Voisine, Matthew NAN02 Sent: Wednesday, November 18, 2009 12:50 PM To: [email protected] Cc: [email protected] Subject: RE: re:[nysbirds-l] Fresh loon carcass Tobay Beach, Suffolk County, possible Arctic I think this conversation is out of control. Steve was just stating the law. We all know what will or not happen if you have a carcass that you are bringing to a museum etc. I know that is it sarcasm but you will not end up in jail. Correct me if I am wrong but nobody has been prosecuted for having a carcass that they were bringing to a museum? Thanks Matthew -----Original Message----- From: [email protected] [mailto:[email protected]] On Behalf Of John Askildsen Sent: Wednesday, November 18, 2009 9:40 AM To: [email protected] Cc: [email protected] Subject: Re: re:[nysbirds-l] Fresh loon carcass Tobay Beach, Suffolk County, possible Arctic not to mention the fact that USFWS allows the State of New York Parks Department to allow "catteries" to be maintained at Jones Beach SP, which is the source of certain death for thousands of migratory neotropical passerines, in direct violation federal law. don't believe me? go to Jones Beach SP parking field 10, into the stand of woods behind the Parks' building and you will find literally under the window of the parks offices there a condo and feeding complex for an entire 'herd' of feral cats. But hey! hands of that loon carcass, or you might wind up at "Gitmo"! our precious tax dollars at work-once again. JPA John Askildsen Millbrook, New York On Nov 17, 2009, Andrew Mason <[email protected]> wrote: I fully concur with Peter's last paragraph. USF&WS routinely approves the killing of tens of thousands of cormorants, gulls, geese, vultures, and God knows what else. One would hope they would not make a federal case out of a good faith effort to transport a carcass for research or educational purposes. Andy Mason At 11:55 AM 11/16/2009, you wrote: Greetings. Agree on plummage. And measurements per Pyle, vol 2, p 218, would seal the deal. The tarsus of an Arctic is much shorter than a Common's; the wing, tail, exposed culmen and bill depth of a Common are each greater and the area of overlap with the Arctic is quite small. Which brings up legalities. The USFWS has a long, recent history of neither enforcing, investigating nor referring for prosecution clear, uncontestable, violations of "take" under the MBTA. If, although lacking a salvage permit, you are motivated to pick up a dead migratory bird with the intention to deliver the corpse to an educational institution---do it. Best, Peter Peter Doherty [email protected] 214-B 84th Street Virginia Beach, VA 23451 757-470-0774 (cell) 757-321-0255 (local) Andrew Mason 1039 Peck St. Jefferson, NY 12093 (607) 652-2162 [email protected] -- NYSbirds-L List Info: http://www.NortheastBirding.com/NYSbirdsWELCOME http://www.NortheastBirding.com/NYSbirdsRULES Archives: 1) http://www.mail-archive.com/[email protected]/maillist.html 2) http://birdingonthe.net/mailinglists/NYSB.html Please submit your observations to eBird: http://ebird.org/content/ebird/ -- -- NYSbirds-L List Info: http://www.NortheastBirding.com/NYSbirdsWELCOME http://www.NortheastBirding.com/NYSbirdsRULES Archives: 1) http://www.mail-archive.com/[email protected]/maillist.html 2) http://birdingonthe.net/mailinglists/NYSB.html Please submit your observations to eBird: http://ebird.org/content/ebird/ --
