Please forgive the pun, but I wouldn’t count your chickens before they hatch. Black vultures are also protected by the MBTA and a similar KY law allows them to be killed, for well quite frankly just eating a dead carcass because that’s all I believe they ever do. People want to say they predated their livestock when they find them eating a dead animal, but I’ve never seen them do more than harass a cow and newborn calf while trying to get at the afterbirth. No video evidence I’ve been able to find conclusively shows proof of predation by BLVU.
Anyway I digress, please take this bill seriously, and don’t assume it won’t pass because of the MBTA. Or that federal law will take president over state law (as it should). Unless the US Supreme Court strikes it down (highly unlikely) it could mean the dismantling of the MBTA across the country for most/all birds of prey, because I think they’ll yield the power to enforce the MBTA to the states.
Smart Farmers who care about wildlife and their livestock have chicken runs, big roosters, and farm dogs, but farms big an d small may see an opportunity to save money/hassle on producing cage free / free range animals, which are worth a lot more, by simply allowing all potential predators to be shot and killed by humans. Follow the money, and I think there’s real money here to be saved, which is going to make this bill harder to defeat.
We may want to point out that different hawk species can be are hard to discern from one another, especially juveniles and Coopers vs Sharp-shinned. Hopefully they do not decide to include more/all of them.
The truth is there’s nothing wrong with the tried and true methods of deterring predators other than it’s easier and cheaper just to shoot them, so we’re in for a fight.
My only other advice when calling about this bill is, sound angry, be angry. Any argument is better than no argument and try to get as many folks to call their senator and senator Boswell as possible.
We may want to try to engage with entities that certify cage free/free range about the possibility of farmers in KY losing the ability to certify their eggs if this bill passes due to its harmful effect on wild bird populations. If the certifying organizations are on our side, then I think there’s a strong possibility the bill could be thrown out.
Thanks,Mike CallanLouisville, KY
On Jan 5, 2024, at 7:57 AM, ME <savealifespayneuter@xxxxxxxxx> wrote:
Couldn't agree more. As a state, we continue to elect ignorant individuals year after year & expect them to make good decisions. Glad you attempted to educate Senator Boswell.
The bill violates federal law & is unlikely to pass (thank goodness):
All raptors are protected in the US under the Migratory Bird Treaty Act (16 USC, 703-711). The Federal Law applies to all states.
On Fri, Jan 5, 2024 at 7:52 AM Joyce Fry <joycefry1@xxxxxxxxx> wrote:How and why do we elect such ignorant people to positions of power? Agh! I sent an email to him, also, including some fifth grade scientific facts about ecosystems, federal law, and history.
“When nature is your reality and your home, every offense to nature feels personal.” Joanne PriceOn Jan 5, 2024, at 7:41 AM, Samantha Engstrom <skengstrom@xxxxxxxxx> wrote:Whoever on here said this was about one of his friend's losing chickens was spot on.
On Fri, Jan 5, 2024, 7:00 AM andrew melnykovych <estiles74@xxxxxxxxx> wrote:This is what I received in response. Seems he has a limited knowledge of both federal law and avian ecology.
Andrew Melnykovych
Louisville KY
---------- Forwarded message ---------
From: Boswell, Gary (State Sen.) (LRC) <gary.boswell@xxxxxxxxxx>
Date: Thu, Jan 4, 2024, 11:44 PM
Subject: Re: Please withdraw SB 59
To: andrew melnykovych <estiles74@xxxxxxxxx>
Sir. What has happened to all our songbirds. You should know this. Don’t buy “bad bird feed.” It’s the HAWKS! I could go on for hours with facts. Biden put them back on protected list. I’m not proposing a season on hawks, just control. Just one story. Hawks killed all of my friends 15 chickens in a 30 day period and he can’t shoot the hawk to protect them. That’s absurd. Federal law? Ky just violated with medical mj. Help me protect our songbirds Thx
From: andrew melnykovych <estiles74@xxxxxxxxx>
Sent: Thursday, January 4, 2024 2:21:50 PM
To: Boswell, Gary (State Sen.) (LRC)
Subject: Please withdraw SB 59 Dear Senator Boswell-
I am writing to urge you to withdraw Senate Bill 59, which addresses the illegal killing of Cooper's Hawks and Red-tailed Hawks.
Both these species are protected under a federal law, The Migratory Bird Treaty Act, which is enforced by the US Fish and Wildlife Service (USFWS). Removing enforcement of the state prohibition on the killing of these species would move all enforcement to the USFWS and expose violators to the federal penalties of as much as $250,000 in fines and two years imprisonment per violation.
I understand that both these species of raptors occasionally take poultry. However, any such damage is far offset by their predation on nuisance species ranging from mice and starlings to groundhogs. Furthermore, a farmer who is experiencing ongoing losses to these hawks has the option to apply for depredation permit which could allow the taking of the problem bird.
Removing the state enforcement of protections for these species will serve as a signal that it is open season on all hawks, when in fact nothing of the sort would be the case. It might save a few chickens, but the overall effect would be to remove predators that help keep in check the populations of undesirable species.
I can assure you that the many thousands of birders and other bird enthusiasts in Kentucky will be firmly opposed to this legislation. I can also assure you that they make up a far larger share of your constituents than those who might reap the highly questionable benefits of this legislation.
Thank you for your consideration.
Sincerely,
Andrew Melnykovych Immediate Past President Beckham Bird Club
Louisville KY
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