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Native Birds

Exotic legal issues, bans, laws, regulations, Animal Rights discussions etc.

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Ash
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Native Birds

Postby Ash » Thu Jul 07, 2011 8:57 am

Alright, so I was doing some research the other day, and it seemed like you could keep a native bird under the conditions that:

It was unreleasable
You were an educational facility
It was not a raptor

Does that mean if I were a USDA licensed exhibitor I could keep a bird? I have a wild house finch that imprinted on us about 6-ish years ago and is still living with us (now I realize that that is illegal, but I feel it best she lives out the rest of her life with people she loves and is familiar with since she is so old). I also found a little robin that I'm hoping I can rehabilitate and release, but I read that it will most likely imprint on humans if not raised with a nest of other birds.

To be a facility would I have to be registered as a "business," or could I automatically be considered a facility if I had the USDA license?

So here is the situation:

It just worries me because if I surrendered the robin to a rehabilitator, it will most likely still imprint. I've read that if a bird is being raised singly it is nearly impossible to not let it imprint on humans. So even if I give it to a rehabilitator it will probably wind up being unreleasable.

If the rehabilitators cannot find an educational facility to take the bird, by law it must be euthanized. I would much rather go through the legalities to keep the bird to avoid that risk. I'm wanting to be USDA licensed anyway to exhibit my fox, so I could use the bird in anything educational I do.

So would I be able to keep it legally if I was an educator? The way I see it, is that the bird is already unreleasable since it is being hand-fed by humans and therefore will need to go to an educator anyway. Since I'm wanting to be an educator (just slow on filling out the paperwork and such) should I just keep it until I can legally own it?

Thanks.
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Re: Native Birds

Postby sarajeku » Thu Jul 07, 2011 11:01 am

If the rehabilitators cannot find an educational facility to take the bird, by law it must be euthanized

Keep in mind, rehabbers who deal with birds are trained to know how to raise them for release. That's why we're here. Usually, we find another animal of a similar age to raise them together. If we don't already have one, then we call everyone we know until we do.

No rehabber is going to take your bird just to have it put to sleep. If that were the case, they'd just tell you they won't take it. At least that's how it works around here.
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Re: Native Birds

Postby TamanduaGirl » Thu Jul 07, 2011 2:09 pm

No the migratory bird act covers all migratory birds which is almost all birds and for sure robins. You need the federal permit to have any of them in your care and that's extremely hard to get. Anyone who rehabs them and does not have the federal permit is also breaking the law. The rehab can let you keep it under their permit but that's a gray area and most wont but it is done.
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Re: Native Birds

Postby Ash » Thu Jul 07, 2011 3:31 pm

Thanks for the responses. I'll call and see if the rehabbers want it then. That's unfortunate that the permit is so hard to get. It's crazy that you can own owls and raptors that aren't native to the US, but you can't own something as simple as a robin. That's just odd--you'd think it would be the other way around.

Sarajeku--Do rehabbers generally drive to you, or does the bird need to be taken to them?
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Re: Native Birds

Postby sarajeku » Thu Jul 07, 2011 4:58 pm

It depends on the situation.
I've seen it happen both ways, but we generally don't like to have to drive a long way unless the baby is in critical condition. Especially when there are a lot of other babies at the facility that need to be cared for. A larger facility like wolf run, where I work, has people to help out while someone goes to pick it up, which is part of my job. I won't have my full rehab license until next spring though.

My guess is that, if your bird isn't in critical condition, you're more likely to get a rehabber to agree to take him if you offer to transport him to them. Especially if they're busy with other babies and don't have someone to transport for them or take care of their babies while they're gone.
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Re: Native Birds

Postby TamanduaGirl » Thu Jul 07, 2011 5:58 pm

It's due to the migratory bird treaty among several countries. The original worry was about things like geese not learning how to migrate and causing problems or harassing people but it turned into a way to just ban people from owning native birds. I mean you can't even own a crow but it's legal in most every state to kill them. So yeah it is messed up.
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Re: Native Birds

Postby Ash » Thu Jul 07, 2011 6:41 pm

Utah's law says that you can kill a magpie in any way other than detonating them. :roll: I burst out laughing when I read that. I wonder if someone tried to blow up a tree or something!
3 red fox, 4 pectinata iguanas, nile monitor, BW tegu, sailfin dragon, leachie gecko, 6 snakes, salamander, 3 tarantulas
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Re: Native Birds

Postby amyers » Fri Jul 08, 2011 9:19 am

We learned something similar about FL law when being asked to move a nuisance bobcat. We can keep it or kill it, but we can't move it. It's "too disruptive for them" apparently.
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Re: Native Birds

Postby Ash » Tue Apr 17, 2012 1:18 am

Anybody know about hybrid native birds? Suppose you have a robinXcrow (hypothetical situation, obviously). Would you be able to keep it?

OR what if there was an American bird hybridized with a foreign bird?
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Re: Native Birds

Postby TamanduaGirl » Tue Apr 17, 2012 1:27 am

I don't know for sure but I think it would be legal. I know the endangered act works that way.

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