Hawk vs. Step mom...battle of the year!

biggiy05

Determination
Messages
427
Location
Ohio
Watching this unfold will be entertaining...

So when I moved in with my dad and step mom last summer I knew they liked having birds around outside. Little did I know that my backyard was bird central. All kinds of birds would come to the feeders throughout the day. There were even a few squirrels that could be seen racing from tree to tree in the mornings.

About two weeks ago I noticed a hawk had made a nest in one of our taller pine trees. I kept quiet until my dad noticed him and proceeded to tell my step mom. Fast forward to Sunday afternoon when my sister and her fiance are over for lunch. Step mom wants to get the pellet gun from her parents and take the hawk out. It's a flipping squirrel! There are plenty more around and it's called the food chain.

I'm siding with the hawk and think I'll cause some commotion if she follows through and tries to take out the hawk. In the meantime I'll just remind myself that I'm out of here soon as I finish my paramedic training.
 
A

Andrew

Guest
I'm at a loss for words. Do you know what species of hawk it is? Many of them are endangered. I just can't imagine taking out a nesting hawk. Squirrels, no problem, they're probably overpopulated anyways.
If it really comes down to it, I'd take the nest out of the tree and give whatever is in it to the local animal shelter. Just tell them the tree fell down in your yard or something and you found the nest afterwards, so they don't give you a bunch of crap over the whole deal.
 

snowgyre

New Member
Messages
588
Location
Athens, GA
Most hawks actually aren't endangered, but all birds of prey are protected under the Migratory Bird Treaty Act, which is a Federal law. Killing a bird of prey is a felony, and I have heard of fines being in excess of $20,000.

In other words, DO NOT HARM THE HAWK.

Bird feeders are for feeding birds, yes? A hawk is just another type of bird that is attracted to your feeder, and in most cases I find it exciting to watch a hunt in progress!

Also, I don't think your stepmom has to worry at all. Most hawk species do not hunt in close proximity to their nests. Smaller birds, squirrels, and other prey animals are actually safer closer by a nest than away from it. Many biologists believe it's because the hawks don't want to draw attention to their nests, so they keep all activity to a minimum.
 
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Gregg M

Registered Member
Messages
3,055
Location
The Rotten Apple NYC
Most hawks actually aren't endangered, but all birds of prey are protected under the Migratory Bird Treaty Act, which is a Federal law. Killing a bird of prey is a felony, and I have heard of fines being in excess of $20,000.

In other words, DO NOT HARM THE HAWK.

Bird feeders are for feeding birds, yes? A hawk is just another type of bird that is attracted to your feeder, and in most cases I find it exciting to watch a hunt in progress!

Also, I don't think your stepmom has to worry at all. Most hawk species do not hunt in close proximity to their nests. Smaller birds, squirrels, and other prey animals are actually safer closer by a nest than away from it. Many biologists believe it's because the hawks don't want to draw attention to their nests, so they keep all activity to a minimum.
Could not have said it better myself...:main_thumbsup:
 

Ian S.

Active Member
Messages
1,924
Location
MA
x 2;) Hawks just own! Leave the thing alone! Just tell her what you'll do next time she's woofing K.F.C. j/k :)
 

biggiy05

Determination
Messages
427
Location
Ohio
I'm taking a legal aspects of fire as part of my fire science degree. Besides free legal advice it's turned out to be a really informative class. My instructor showed us this website.

http://codes.ohio.gov/orc/1533.07

1533.07 Protection afforded nongame birds.

No person shall catch, kill, injure, pursue, or have in the person’s possession, either dead or alive, or purchase, expose for sale, transport, or ship to a point within or without the state, or receive or deliver for transportation any bird other than a game bird, or have in the person’s possession any part of the plumage, skin, or body of any bird other than a game bird, except as permitted in Chapter 1531. and this chapter of the Revised Code, or disturb or destroy the eggs, nest, or young of such a bird.

This section does not prohibit the lawful taking, killing, pursuing, or possession of any game bird during the open season for the bird. Bald or golden eagles and ospreys shall not be killed or possessed at any time, except that eagles or ospreys may be possessed for educational purposes by governmental or municipal zoological parks, museums, and scientific or educational institutions. European starlings, English sparrows, and common pigeons, other than homing pigeons, may be killed at any time and their nests or eggs may be destroyed at any time. Blackbirds may be killed at any time when doing damage to grain or other property or when they become a nuisance.

Each bird or any part thereof taken or had in possession contrary to this section constitutes a separate offense.

Effective Date: 08-14-2002; 04-06-2007

Unless I'm reading this wrong it's against the law in the state of Ohio to kill any bird other than a game bird, excluding a few birds I highlighted at the bottom. I'll wait for her to mention it again and then I'll throw the ORC at her.
 

snowgyre

New Member
Messages
588
Location
Athens, GA
Yes, the proper term is take. Any disturbance, injury, interference, or action that could make the bird behave in a way that has the potential to negatively impact its physical well being (from excessive or chronic energy expenditure due to constantly being scared away all the way to actual, inflicted physical injury) is considered take.

All native, migratory bird species are protected under the Migratory Bird Treaty Act, as I've stated above, and all other birds (including game birds) are protected under the Lacey Act. The Lacey Act was amended in 2008 to include a wide variety of threatened and endangered plants, as well.

Waterfowl are an exception to normal laws regarding the Migratory Bird Treaty Act, as they are also a game species. Waterfowl hunting seasons actually have to be approved by Congress yearly or waterfowl may not be hunted at all. During the Clinton administration, Congress was closed temporarily to try to save Federal money, but they forgot to approve the waterfowl season. Congress was reconvened for a day to do so. This is also why you must purchase an additional 'duck stamp' in order to hunt waterfowl, and waterfowl are managed by Federal programs because they pass state and international borders. The Migratory Bird Treaty Act is actually an international agreement with Canada and to a limited extent, Mexico. So, if you violate the MBTA, you're essentially violating international law.

Just last year an entire family lost their home because they shot a Red-tailed Hawk and couldn't pay the fine. This is a very, very serious offense. Nests are also protected, and you'll get in deep, deeeep doo doo if you ever 'take' a raptor using the definition above.

That's awesome that you're taking law as part of your science degree. What is your degree exactly? I'm getting my PhD in wildlife, that's why I can play nerd so well. ;-)
 

biggiy05

Determination
Messages
427
Location
Ohio
That's awesome that you're taking law as part of your science degree. What is your degree exactly? I'm getting my PhD in wildlife, that's why I can play nerd so well. ;-)

Oh the heads are going to roll in my house. It's election time all over again.

It's a degree in fire science. I'll have training in everything from a basic understanding of laws, how they affect the dept, firefighters,etc...to fire command and fire investigation methods. I'll have the option of becoming an officer within a department at some point in my career. It also makes becoming an arson investigator/state fire marshal much easier. My "minor" is in paramedic. It's a four quarter class and that's what helps me get a job within the department.
 

biggiy05

Determination
Messages
427
Location
Ohio
So how'd she react to the whole against the law thing?

Haven't brought it up. I've been the only one home today. I'll wait for her to talk about it again or when I see the pellet gun I'll say something. No point in causing drama that can be avoided.
 

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