Re: Chasing off TVs

Ellen Paul (epaul@dclink.com)
Sat, 26 Sep 1998 06:56:53 -0400 

Turkey Vultures are protected by the Migratory Bird Treaty Act.  It
prohibits the taking, possession, transporation, sale, purchase, barter, 
importation, exportation, and banding or marking of migratory birds.
There are circumstances under which one can obtain a permit to do these
prohibited acts, including scientific research. One type of permit
available, under proper circumstances, is a depredation permit.  These
permits have been issued for various species, including Double-crested
Cormorants in the Southeast, and, as we all know from the unfortunate
incident in Oklahoma this past year, for cattle egrets. The pertinent
regulation appears below.

I don't know if the Fish and Wildlife Service has ever issued permits
for depredation of TVs. There was a similar situation in Leesburg,
Virginia last year and the local authorities did harrass the birds, but
it didn't help.   Moving them isn't really an option - no one else wants
them either - or at least that was the case with the Leesburg birds. 
Although I think that's what they ultimately did - I guess they either
found someplace that likes TVs or found an uninhabited area to release
them.

Ellen Paul
epaul@dclink.com


[Code of Federal Regulations]
[Title 50, Volume 1, Parts 1 to 199]
[Revised as of October 1, 1997]
[CITE: 50CFR21.41]

[Page 503]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
CHAPTER I--UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE
INTERIOR
 
PART 21--MIGRATORY BIRD PERMITS--Table of Contents
 
                 Subpart D--Control of Depredating Birds
 
Sec. 21.41  Depredation permits.


    (a) Permit requirement. Except as provided in Secs. 21.42 through 
21.46, a depredation permit is required before any person may take, 
possess, or transport migratory birds for depredation control purposes. 
No permit is required merely to scare or herd depredating migratory 
birds other than endangered or threatened species or bald or golden 
eagles.
    (b) Applicant procedures. Applications for depredation permits shall 
be submitted to the appropriate Special Agent in Charge (see 
Sec. 13.11(b) of this subchapter). Each such application must contain 
the general information and certification required by Sec. 13.12(a) of 
this subchapter plus the following additional information:
    (1) A description of the area where depredations are occurring;
    (2) The nature of the crops or other interests being injured;
    (3) The extent of such injury; and
    (4) The particular species of migratory birds committing the injury.
    (c) Additional permit conditions. Inaddition to the general 
conditions set forth in part 13 of this subchapter B, depredation 
permits shall be subject to requires, in this section:
    (1) Permittees may not kill migratory birds unless specifically 
authorized on the permit.
    (2) Unless otherwise specifically authorized, when permittees are 
authorized to kill migratory birds they may do so only with a shotgun 
not larger than No. 10 gauge fired from the shoulder, and only on or 
over the threatened area or area described on the permit.
    (3) Permittees may not use blinds, pits, or other means of 
concealment, decoys, duck calls, or other devices to lure or entice 
birds within gun range.
    (4) All migratory birds killed shall be retrieved by the permittee 
and turned over to a Bureau representative or his designee for 
disposition to charitable or other worthy institutions for use as food, 
or otherwise disposed of as provided by law.
    (5) Only persons named on the permit are authorized to act as agents 
of the permittee under authority of the permit.
    (d) Tenure of permits. The tenure of depredation permits shall be 
limited to the dates which appear on its face, but in no case shall be 
longer than one year.
[39 FR 1178, Jan. 4, 1974, as amended at 42 FR 17122, Mar. 31, 1977]




mdosprey@ARI.Net wrote:
> 
> In a message dated 98-09-24 22:11:56 EDT, you write:
> 
> << Part of the quandary is that the damn things
>  are federally protected, >>
> 
> Thankfully the birds are federally protected.  I have a small vulture roost in
> my yard, but it has no ill effects on my property or house.  I just drive by
> them in the morning, say hi, and off I go.  The roost is not roosted upon
> everyday.
> 
> However, I have no idea what to suggest regarding the problem of these people
> in New York.  While I do not subscribe to the concept that god put anything
> anywhere for a reason, I do believe that these vultures were poking around New
> York a whole lot longer than we were.
> 
> You mention a permit, but you don't mention what the permit would permit them
> to do.  If it is a permit to capture and transport them to another location,
> sure, they should be granted one to give it a try.  If the permit is to kill
> them, I find this notion preposterous.
> 
> Since I have no interest in buying a copy of People magazine, I can only
> presume the problem they are having with the birds is the mess.  I guess the
> only thing I can do is feel sympathetic to the residents plight.  Too bad the
> birds picked their yard.
> 
> Todd Day
> Jeffersonton, VA

-- 
Ellen Paul           Chevy Chase,MD           mailto:epaul@dclink.com