[TN-Bird] Should pishing be banned under the Bird Migratory Treaty Act?

Thanks, Wallace, for bringing up the issue of pishing again (however it is 
spelled).  Under the Bird Migratory Treaty Act (BMTA), pishing, as an attempt 
to "pursue" and "take" should be banned.  Although pishing is currently 
exempted as a banned activity, a plain reading of the language of the act would 
seem to indicate that any attempt to "pursue" a protected bird is prohibited.  
Maybe we need to ban pishing completely except for those who have been issued 
"pishing" permits.  I can think of several who need one.

Lots of wildlife conservatory sites are banning pishing and lots of birdfolks 
are advising not to pish at certain times.  Maybe it should be banned 
completely.  Here is the wording of the BMTA -- read it and decide for yourself 
if you think pishing is an attempt to pursue.  

"Unless and except as permitted by regulations . . ., 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, possess, offer for sale, sell, offer to 
barter, barter, offer to purchase, purchase, deliver for shipment, ship, 
export, import, cause to be shipped, exported, or imported, deliver for 
transportation, transport or cause to be transported, carry or cause to be 
carried, or receive for shipment, transportation, carriage, or export, any 
migratory bird, any part, nest, or eggs of any such bird, or any product, 
whether or not manufactured, which consists, or is composed in whole or part, 
of any such bird or any part, nest, or egg thereof, . ." 
http://permits.fws.gov/mbpermits/regulations/mbta.html 

"Take" is defined in the MBTA to include by any means or in any manner, any 
attempt at hunting, pursuing, wounding, killing, possessing or transporting any 
migratory bird, nest, egg, or part thereof. 
http://migratorybirds.pacific.fws.gov/mbta.htm 
And, finally, from the The Wildlife Watchers Code of Ethics, USDA Forest 
Service Nature Watch, is this reminder:  "When an animal changes behavior as a 
result of our presence, we are too close."  Pishing at birds certainly causes 
some of them to change their behavior, doesn't it?

Pishers and banders, either with or without a permit, are not welcomed on my 
property.  Youall might scare my cat.

Terry Thornton, Rinnie, TN (North of Crossville on the Cumberland Plateau)

    

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