Wednesday, August 3, 2011

Freedoms Lost? - #3134 - VIDEO: 11-Year-old Girl Saves Baby Bird from Cat, Mom Gets $535 Fine UPDATE: Fine Rescinded in Baby Bird Rescue - The Blaze (2) Minnesota Man Craig Brown Faces Jail for Feeding Birds in Own Backyard - The Blaze

11-Year -old Girl Saves Baby Bird From Cat, Mom Gets $535 Fine UPDATE: Fine Rescinded in Baby Bird Rescue - The Blaze - Today’s shining example of “No Good Deed Goes Unpunished” comes from Fredericksburg, VA, where a young girl prevented the family cat from pouncing on a lost baby woodpecker and her mom ended up with a $535 ticket (and faces the possibility of jail time) for violating the Federal Migratory Bird Act.  Despite the fact that 11-year-old Skylar Capo actually saved the tiny lost woodpecker from a violent death, and then successfully released the bird back into the wild, a Virginia State Trooper was still dispatched to the Capo home where Skylar’s mom was slapped with the $535 ticket. Why? It all has to do with the Migratory Bird Treaty Act.For the 311 million (or so) Americans who are probably not familiar with the restrictions of this Federal regulation, it states the following:  The Migratory Bird Treaty Act of 1918 makes it illegal for anyone to take, possess, import, export, transport, sell, purchase, barter, or offer for sale, purchase, or barter, any migratory bird, or the parts, nests, or eggs of such a bird except under the terms of a valid permit issued pursuant to Federal regulations. 
Update:  Fine Rescinded in Baby Bird Rescue - The Blaze -  The Blaze reported on the odd story about a Fredericksburg, VA mom who received a $535 ticket from the State Police after her 11-year-old daughter Skylar, rescued a lost baby woodpecker from the family cat.  The story garnered considerable attention and it is possible that the media spotlight may have helped bring some sanity to the situation. is reporting that the legal problems facing the Capo family over the bird rescue have evaporated.  From  “The citation is null and void,” U.S. Fish and Wildlife Service spokesman Bill Butcher told on Tuesday. “We’ve rescinded it.”
“They [the agent and state trooper] had gone to inquire about the health of the woodpecker,” Butcher said. “At that point, they determined that no further action was necessary.”  Despite this, Butcher said, the citation was processed unintentionally. He added that the agency has apologized to Capo and will send her a formal letter explaining the clerical error.  Case closed.  List of Migratory Birds covered in this Act (over 800)  ...........  AW: This list includes Bluebirds, Cardinals, Goldfinches, Hummingbirds, Blue Jays, Sparrows, Wrens, note this includes taking their eggs, nests, etc. without a permit, who knew!!

Minnesota Man Craig Brown Faces Jail for Feeding Birds in Own Backyard - The Blaze - A man in Bloomington, MN has run afoul of local bird feeding statutes, and he could spend up to 90 days in jail for the offense. Craig Brown has said he wanted to make his yard a haven for birds. And local law allows for the installation of bird feeders as long as they are 5 feet off of the ground.  But neighbors claim that brown has been dropping seeds on the ground in his yard- which apparently constitutes a misdemeanor.  Brown refuses to plead guilty, saying that the seeds fell from his feeders, and he doesn’t want a criminal offense on his record. Still, he’s removed them for the time being.  “I am nervous,” he told WCCO-TV. “They have the right to send me to jail.”  He faces up to 90 days in jail and a $1,000 fine.  AW: While we were not watching, laws were passed that appear to be unconstitutional and restrictive of personal property rights. 

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