Please help me save these baby Mockingbirds. https://www.paypal.me/SaveThePlanet/ A couple of strict people on the board of directors in the association have decided they do not like my trees. I have tried to appease the association by cutting several branches already, some over a foot in diameter. I have gone well beyond cutting 25 percent of the canopy in a year! Yet still getting several warnings from the association to continue cutting away bird habitat! Nests be damned! They do not care for the well being of our flying friends. The association is forcing me to break a federal law for which the fine is $15,000 dollars and 6 months in jail. VALERIE CAPRONI, United States District Judge: It is not only a sin to kill a mockingbird, it is also a crime. That has been the letter of the law for the past century.
https://nas-national-prod.s3.amazonaws.com/2020-08-11_mbta_decision.pdf
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In 1916 the United States and the United Kingdom, acting on behalf of Canada, entered into the Convention Between the United States and Great Britain for the Protection of Migratory Birds (“Convention”). U.S.-Gr. Brit., Aug. 16, 1916, 39 Stat. 1702 (ratified Dec. 7, 1916). The Convention had the stated purpose of “saving from indiscriminate slaughter and of insuring the
preservation of such migratory birds as are either useful to man or are harmless.” Soon after, Congress implemented the Convention by passing the Migratory Bird Treaty Act. Pub. L. No. 65-186, 40 Stat. 755 (1918). Section 2 of the MBTA, as originally enacted, stated in relevant part:
It shall be unlawful to hunt, take, capture, kill, attempt to take, capture or kill . . . by any means whatever . . . at anytime or in any manner, any migratory bird, included in the terms of the convention between the United States and Great Britain for the protection of migratory birds . . . .
In 1936 Congress amended the MBTA by, inter alia, moving the phrases “at any time” and “in any manner” to the beginning of the list of prohibited actions, adding the phrase “by any means,” and adding “pursue.” Pub. L. No. 74-728, § 3, 49 Stat. 1555, 1556. Section 2 has not been substantially amended since. Today, it provides: it shall be unlawful at any time, by any means or in any manner, to pursue, hunt, take, capture, kill, attempt to take, capture, or kill . . . any migratory bird, any part, nest, or egg of any such bird . . .included in the terms of the conventions . . . .2AR” references are citations to the Administrative Record (Dkt. 88)
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