Birds Killed... Grrrrr

[Jed]

A local owner of a trout hatchery and his employee were arrested this week for killing over 250 Great Blue Heron, 10 Osprey and one Bald Eagle. Their reason was to protect their fish from predators.

Within 5 miles from them is a state run hatchery that has solved the same problem using bird netting.

I can't believe that they would do something this outrageous. Well I can believe it because the carcases were found on their property, but you know what I mean.

I am truely outraged at this. They are subject to 125 years in jail and 3 million in fines. While they cannot pay this I sure hope they receive a punishment that is appropriate. I think we might have bought our fish for the local fishing derby from them. If so, I will push to see that we get them elsewhere next year.

jed

[DianeID]

That is not a high enough penalty in my view.

There is no reason to kill any bird like that.

I think being dropped naked in the middle of the Amazon forest where they can appreciate a diverse wildlife would be a just lesson.

Can you let us know the name of their hatchery and the state hatchery and location so I can write to some officials?

Jed,

That's a LOT of birds to kill. Wonder how it was done and over what period of time?

Aren't those Federal offenses? While I find the offenses disgusting, their defense is somewhat understandable. I believe here in NY, a landowner/farmer is allowed to protect his crop or farmed animals from predators. Recently, a farmer was charged with shooting and killing a stray dog that was threatening his chickens(I believe) on his property. He was found to be within his rights of protecting his property. This is not to say I would have done the same thing. Why should it be different if an 'endangered species' is attacking? I don't have an answer.

Anyway, if found guilty, the punishment of jail and the fines, should be reasonable. As offensive as their actions were, these guys did not hurt anyone. Guys who swindle thousands of people out of their entire savings and pensions (ENRON) didn't or won't get as severe penalties as these may get.

Allan

[This message has been edited by tyeflies (edited 15 May 2006).]

[Jed]

Quoted from the Greenfield Recorder, 5/13/06

"Federal authorities have charged two area men with killing hundreds of blue herons, a bald eagle and other protected migratory birds at a commercial trout hatchery in Sunderland.

Bird experts say that, given the hundreds of carcasses found at the fish hatchery, serious damage may have been done to the population of migratory fish-eating birds in the western part of the state.

Arrested Thursday were hatchery owner Michael Zak Jr., 58, of 467 Amherst Road in Sunderland, and Timothy Lloyd, 29, of 115 Park St., Easthampton.

The pair have been charged with violating the Migratory Bird Treaty Act. It was unclear Friday night whether the men were still in custody.

The criminal complaint alleges that federal agents found ?more than 250 great blue heron carcasses,? as well as the bodies of about 10 ospreys and one bald eagle on the grounds of the Mohawk Trout Hatchery, a business owned by Zak and which lies behind his home.

?Ospreys, herons and eagles are all natural predators of fish, so I think you can probably figure out for yourself their motive,? said Christina DiIorio-Sterling of the U.S. Department of Justice. Federal officials said there was no protective netting at Zak?s hatchery to ward off birds.

State fish hatcheries located in Franklin County use netting to protect their fish from predatory birds.

The woman who answered a call made to the commercial fish hatchery Friday said that Zak was not there and then hastily hung up the telephone when asked about the case. Calls to the hatchery were not answered."

jed

Thanks. I guess the owners should and could have made a reasonable effort, meaning placing netting above the hatchery, to keep the trout safe. Instead they used excessive violence.
While I agree that their actions, if found guilty, are dispicable, they will probably get a greater punishment than people guilty of destroying other peoples lives as in the example in above post.

Allan

[Bugsy]

Thanks for posting, Jed.

Allan, how is their defense understandable? They displayed complete disregard for the law to protect their property. Evidently the owner was too cheap to protect his "property" with netting. And apparently his fish were not in immediate danger when he killed some of the birds, since he was observed using a scoped rifle. Furthermore, why was he saving the carcasses? Maybe he was motivated by something more than just defending his fish.

Is it really possible for a state law to override a federal law?

I realize these two bozos may not be able to pay such a fine, if convicted, and the imprisonment does seem excessive (not like they would really receive it). But their punishment needn't be reasonable, as their actions were not reasonable and neither is their defense.

Eric

[J Castwell]

Are they Native Americans and the feathers are exempt? Is there a law demanding netting? Can they 'defend' their property? By any means? We are a nation of laws. The laws may be wrong,,, but, what are the laws on this? Who knows, they may be innocent of any crime.

[Bob Williams]

I am sorry but there are 2 sides to every story.
I have an interest in a private fly fishing club here in Ontario. It costs us big bucks to keep the ponds stocked. We do not raise our own fish. Our water is all catch and release but we have to replace fish due to natural mortality, fish that do not survive the most careful live release and mostly fish killed by herons and ospreys.
We do not mind the herons and ospreys taking fish; it's the fish they leave behind that really hurt.
You see, the bigger fish cruise the shoreline where the herons hang out and all fish come close enough to the surface to fall prey to the raptors. Walking the ponds in the morning and finding big fish laying there dead makes me see red. Remember I said LOTS of money.
The ospreys and the herons are constantly grabbing or speering fish far too big for them to be lifted from the water. Consequently, the birds drop the fish in favour of another, hopefully smaller meal.
We applied for and obtained a "Scare permit" that allowed us to scare the birds away with a loud screaming shot fron a special gun. These cost money too. After 2 years of this, the birds got used to the noise and didn't spook when we shot the noise makers.
At this point we applied for a "kill permit". We were refused the first year but were given a permit in the year following.
We do not kill birds daily. We just don't have the manpower to be policeing the ponds every day and, of course, if there are clients around we can not shoot. But we do shoot.
The ponds are far too big to consider netting. To low and it would affect the casting. Too high and the birds would fly under it. What can we do?
If somebody could suggest a viable alternative, we would gladly give up having to shoot the birds.

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Cheers
Bob

[rainbowchaser]

I don't know if it would work on raptors but many of our local berry farmers have discouraged birds by tying long strips of mylar to the bushes. Perhaps doing this to the perching areas over the pond would work. I do think that they would eventually adopt and ignore it but by then the screamer gun might work again for a while. One local grower of landscape shrubs was able to stop killing deer some years ago by rotating several methods of non-lethal tactics to keep the herd from becoming accustomed to any one of them.

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all leaders tangle; mine are just better at it than most. Jim

[Bob Williams]

Very good point, but picture this: the area around our ponds is cut back far enough so as not to interfere with the backcasts of the fishermen. Behind that is old forest with very tall trees some of which are long dead but still standing and offering perfect perches to the ospreys. Hanging strips of anything would have to be so far back as to be ineffective. We do that in the nearby gardens to discourage the birds.
Keep in mind that my partners and I are all animal lovers and staunch conservationists. We would not deliberately harm anything unless we thought we had no choice.
Thanks for your thoughts.

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Cheers
Bob