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FW: Court case involving shot Harris hawk



This case sounds very similar to one I was reading about in Florida just
before Christmas.  The individual responsible for shooting dead two whooper
cranes was identified. However the reports said the state and federal
wildlife agencies were not cooperating and the individual was likely to
receive "a slap on the wrist".

I'm not familiar with the relationship between state and federal agencies.
Those of you who are -- is there a general problem here when it comes to
prosecuting under wildlife laws?

To get back on topic for the list.  We have a raft of 27 ring-necked ducks
on our small lake and one lone Northern Pintail was seen on Saturday.
Barred owl calling last night.

Sue Pulsipher
Linden, NC
puls@infi.net


-----Original Message-----
From: carolinabirds-owner@acpub.duke.edu
[mailto:carolinabirds-owner@acpub.duke.edu] On Behalf Of Harrold, Eric S
Sent: Monday, January 08, 2001 7:59 PM
To: 'carolinabirds@duke.edu'
Subject: Court case involving shot Harris hawk


Carolinabirders,

I have been reluctant to post anything concerning this matter up to this
point due to the on-going investigation of the case.  As many of you may
know, a falconer's Harris hawk was shot on December 9 in Wilkes County.
Articles occurred in various newspapers and the case was also covered on 2
T.V. news programs. An individual has been charged with and has admitted to
killing the bird.......in self-defense, believe it or not.  This person had
no physical indications (scratches, gashes, etc...)that indicated he had
been attacked.  His first "story" was that his dog had been attacked.  When
told that the bird had previously hunted with dogs and that no such behavior
toward dogs had previously occurred, his statement to the arresting officer
was that the bird had attacked him.  Six witnesses including myself are
prepared to testify against this individual concerning contradictory
statements he made in our presence........Why and where do you folks on this
forum come in?  As birders and conservationists, I would hope that you would
understand that someone who would shoot a falconry bird would also kill a
wild raptor in a heartbeat.  Here is a case where there is substantial
evidence against an individual who has killed a federally protected raptor,
a behavior that is contradictory to conservation and rehabilitation/release
efforts.  Officials from both the North Carolina Wildlife Resources
Commission and U.S. Fish and Wildlife Service have not only not cooperated
with each other, but also might have altogether mishandled the case by
allowing the trial to occur in state court.  The federal protection should
legitimize the case being heard in federal court.  Both agencies act as if
their hands are tied.  By contacting both the NC Wildlife Resources
Commission and the U.S. Fish and Wildlife Service, both in Raleigh and
Atlanta, you can strengthen the voice of those of us opposed to seeing this
individual get "slapped on the wrist" and turned loose with only a minimal
fine (if that, even).  Folks, remember that the Carolina Raptor Center and
other similar organizations are dealing with similar actions by individuals
who blatantly disregard the protected status that these birds obviously
should have.  Remember also that the falconry community has contributed
greatly to raptor conservation efforts and has done its very best to promote
stewardship of the resources it enjoys.  Without the efforts of the falconry
community the peregrine falcon as well as countless other species would
still be greatly endangered or extinct.  As a volunteer for the Carolina
Raptor Center and as a former hack site attendant for The Peregrine Fund, I
am aware of the hard work that is done by such organizations.  Taking action
in this case is a way to show your individual appreciation for the hard work
put forth by these groups, by taking a stand against counterproductive
action. If anyone has specific questions regarding the case, I'll gladly
provide more info by email.  The phone number for Major Everhart of the NC
Wildlife Resources Commission is 919-733-7191.  The phone number for Tom
Bennett of the U.S. Fish and Wildlife Service is 919-856-4786.  Pressure on
these two individuals and the Wilkes County District Attorney's office is
seemingly the present best way to impact this case.  Please make your voice
heard.

Sincerely,

Eric Harrold
esharrol@email.uncc.edu
704-687-5398