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] 


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