June 10, 2008 8:17 pm
Bad Boy Bad Boy Whatcha Gonna Do…?
Posted by Will under Uncategorized
Below is a tail feather from a Cooper’s hawk that I found laying in the roadway while biking from work yesterday evening on 4th Street through Hancock Park.
I stopped, picked it up, put it in my backpack and went on my way. In doing so, I violated the Migratory Bird Treaty Act of 1918, which 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 receive any migratory bird, part, nest, egg or product, manufactured or not.
No I did not hunt, capture or kill — nor attempt to. No I do not plan to offer, sell, barter, purchase, deliver, ship, or export. But I did take the feather. And I do possess the feather. And given my familiarity with the Act from a past life working at the L.A. Zoo means I knowingly committed a misdemeanor, punishable by: a fine of up to $500, and up to six months in jail.
June 10th, 2008 at 10:24 pm
4th Street Bird Boulevard!
June 10th, 2008 at 11:46 pm
I am not sure you could be convicted. It seem to me that the afore mentioned bird violated California Penal Code PEN Section 374.4 which reads:
(a) It is unlawful to litter or cause to be littered in or upon public or private property. A person, firm, or corporation violating this section is guilty of an infraction.
(c) As used in this section, “litter” means the discarding, dropping, or scattering of small quantities of waste matter ordinarily carried on or about the person, including, but not limited to, beverage containers and closures, packaging, wrappers, wastepaper, newspapers, and magazines, in a place other than a place or container for the proper disposal thereof, and including waste matter that escapes or is allowed to escape from a container, receptacle, or package.
A first infraction as such is punishable by a fine of $250 to $1000 and possible jail time.
Given the high likely hood that this was a repetitive littering of a feather and most likely this bird has a persistent habit of shedding feathers.
This makes the bird in question a “jail” bird and not a protected bird as such.
Feel free to use this defense should you need it.
June 11th, 2008 at 9:07 am
Joel’s defense is interesting, personally I would simply point out that you were removing said litter from our city streets. As far as the rest of your comments regarding your alleged guilt, may I suggest you read the Fifth Amendment.