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From: dmark@acsu.Buffalo.EDU (David Mark)
Newsgroups: rec.birds
Subject: Re: A Home for an Owl
Message-ID: <18295@eerie.acsu.Buffalo.EDU>
Date: 25 Feb 90 20:46:54 GMT
References: <14233@cbnews.ATT.COM> <19702@dartvax.Dartmouth.EDU>
Sender: nobody@acsu.Buffalo.EDU
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Organization: SUNY at Buffalo
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In article <19702@dartvax.Dartmouth.EDU> dragon@eleazar.dartmouth.edu (Sam Conway) writes:
>In article <14233@cbnews.ATT.COM> pmd@cbnews.ATT.COM (Paul Dubuc) writes:
>>
>>A small grey owl has recently taken up residence in my yard.  It's a
>>North American Screech Owl.  ... ...
>>                        ...
>>   ... ...     the city has marked it to be cut down.  
>>long the city will take to get to the tree (could be several more months).
>>
>
>                ... ...
>
>ALL RAPTORS ARE PROTECTED BY FEDERAL LAW!  This includes all hawks and
>owls, whether officially "endangered" or not.  

  I hate to be a "wet blanket", but I believe that the federal law that
  protects non-endangered raptors, also protects cardinals, robins,
  chickadees, vireo-- basically ALL native birds except game-birds.

>                                               If Mr. Dubuc informs the
>city that the owl is nesting in this dead tree, the city has a legal
>obligation to relocate the owl prior to removing the tree, or refrain
>from cutting the tree down entirely.  
>
  If my claim is true, then I doubt very much if a land-owner or a city or 
  whatever has any obligation to 'relocate' the owl, even if it is nesting.
  If the law requires this, then the city or owner would have to 'relocate'
  every little native bird that roosts or nests in any tree that they cut or 
  trim!

  Does anyone in net-land actually know whether owls have more legal protection
  that cardinals or catbirds, and whether the protection for native birds
  applies to their home trees?  Seems to me that if this is the case, then
  it could be used to ensure that no tree is ever cut again in this
  country!

  If, however, raptors have special protection compared to other native
  birds, then I will have to admit that I was wrong, again.

David M. Mark
dmark@cs.buffalo.edu