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Brief Summary of Laws Protecting Peregrine Falcons
The Peregrine Falcon
has been protected under the U.S. Endangered
Species Act since the early 1970's. It has been delisted federally
as of August 20, 1999 but will still be protected under California protected species
and other state and federal laws. The California Department of Fish and Game is currently considering removing the Peregrine from the state endangered species list.
Petition Accepted to Delist the Peregrine Falcon in California
On October 11, 2007 the California Fish and Game Commission voted unanimously to accept the petition to de-list the Peregrine falcon in California, which was submitted by Gary Alten on May 4th, 2007. The Peregrine will now enter a one year candidacy period during which its status will be thoroughly reviewed and studied. At the end of that period the Department of Fish and Game will submit a written report indicating whether the petition action (delisting) is warranted. Gary Alten presented his petition before the Commission. SCPBRG and members of the California Hawking Club and the falconry community also gave presentations or spoke in favor of the delisting. No one spoke in opposition to delisting.
It is still against federal law to
possess the feathers or eggs of Peregrine Falcons
without a permit.
The fine for possession without a permit is $25,000. Peregrine Falcons
may be kept by licensed Falconers and certain institutions.
These federal laws protect Peregrines
and other birds:
Migratory Bird Treaty Act (16 U.S.C. 703-712). Except as
allowed by implementing regulations, this Act makes it unlawful to
pursue, hunt, kill, capture, possess, buy, sell, purchase, or barter
any migratory bird, including the feathers or other parts, nests,
eggs, or migratory bird products.
Lacey Act (18 U.S.C. 42; 16 U.S.C. 3371-3378). This Act
provides authority to the Secretary of the Interior to designate
injurious wildlife and ensure the humane treatment of wildlife
shipped to the United States. Further, it prohibits the importation,
exportation, transportation, sale, or purchase of fish and wildlife
taken or possessed in violation of State, Federal, Indian tribal,
and foreign laws. The Amendments strengthen and improve the
enforcement of Federal wildlife laws and improve Federal assistance
to the States and foreign governments in the enforcement of their
wildlife laws. Also, the act provides an important tool in the
effort to gain control of smuggling and trade in illegally taken
fish and wildlife.
Airborne Hunting Act (16 U.S.C. 742j-1). Section 13 of the
Fish and Wildlife Act of 1956 is commonly referred to as the
Airborne Hunting Act, or Shooting From Aircraft Act, and prohibits
taking or harassing wildlife from aircraft, except when protecting
wildlife, livestock, and human health or safety, as authorized by a
Federal- or State-issued license or permit.
National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd-668ee). This Act constitutes an "Organic Act" for
the National Wildlife Refuge System by providing guidelines and
directives for administration and management of all areas in the
system including "wildlife refuges, areas for the protection and
conservation of fish and wildlife that are threatened with
extinction, wildlife ranges, game ranges, wildlife management areas,
or waterfowl production areas."
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West's Annotated California Codes Currentness. Fish and Game Code. Division 4. Birds and Mammals. Part 2. Birds. Chapter 1. General Provisions. § 3511. Fully protected birds and parts thereof; permits or licenses; necessary scientific research; legal imports; fully protected birds specified.
Citation: CA FISH & G § 3511
Citation: West's Ann. Cal. Fish & G. Code § 3511
Summary:
California law specifically states that no other statutes are to be construed to allow the taking of state protected birds, of which the golden eagle and bald eagle are listed, and any licenses issued to take protected birds are void unless issued for scientific or depredation purposes. |
Statute in Full:
(a)(1) Except as provided in Section 2081.7, fully protected birds or parts thereof may not be taken or possessed at any time. No provision of this code or any other law shall be construed to authorize the issuance of permits or licenses to take any fully protected bird, and no permits or licenses heretofore issued shall have any force or effect for that purpose. However, the department may authorize the taking of those species for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species, and may authorize the live capture and relocation of those species pursuant to a permit for the protection of livestock. Prior to authorizing the take of any of those species, the department shall make an effort to notify all affected and interested parties to solicit information and comments on the proposed authorization. The notification shall be published in the California Regulatory Notice Register and be made available to each person who has notified the department, in writing, of his or her interest in fully protected species and who has provided an e-mail address, if available, or postal address to the department. Affected and interested parties shall have 30 days after notification is published in the California Regulatory Notice Register to provide any relevant information and comments on the proposed authorization.
(2) As used in this subdivision, "scientific research" does not include any actions taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code.
(3) Legally imported fully protected birds or parts thereof may be possessed under a permit issued by the department.
The following are fully protected birds:
(1) American Peregrine falcon (Falco peregrinus anatum).
(2) Brown pelican.
(3) California black rail (Laterallus jamaicensis coturniculus).
(4) California clapper rail (Rallus longirostris obsoletus).
(5) California condor (Gymnogyps californianus).
(6) California least tern (Sterna albifrons browni).
(7) Golden eagle.
(8) Greater sandhill crane (Grus canadensis tabida).
(9) Light-footed clapper rail (Rallus longirostris levipes).
(10) Southern bald eagle (Haliaeetus leucocephalus leucocephalus).
(11) Trumpeter swan (Cygnus buccinator).
(12) White-tailed kite (Elanus leucurus).
(13) Yuma clapper rail (Rallus longirostris yumanensis).
CREDIT(S)
(Added by Stats.1970, c. 1036, p. 1848, § 4. Amended by Stats.1974, c.548, p. 1372, § 1; Stats.2002, c. 617 (S.B.482), § 3; Stats.2003, c. 735 (S.B.412), § 1.) |
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