[TN-Bird] Re: Pots Calling Kettles Black

  • From: Chris Sloan <chris.sloan@xxxxxxxxxxx>
  • To: tn-bird@xxxxxxxxxxxxx
  • Date: Fri, 27 Dec 2002 09:55:02 -0600

I've tried to stay out of this, but this is the last straw.

Terry, you said: "Pishing at birds certainly causes some of them to 
change their behavior, doesn't it?"

I recall one of your earlier posts that you maintain bird feeders in 
your yard.  Feeding birds seed, suet, sugar water, etc. not only 
changes their behavior but alters their diet.  I assume, then, that 
after your revelation regarding the MBTA, you've quit feeding birds in 
your yard?

If not, I respectfully suggest that you thoroughly examine your own 
activities before you start lobbing this hypocrisy at others.

The point here is that all things can be taken to absurd extremes, and 
that is exactly what you're doing here.  Enough of this.

And for the record, speaking as a lawyer who interprets documents for a 
living, the "plain language" of the statute reads precisely the 
opposite of Mr. Thornton's twisted interpretation of it.  It's quite 
clear from the language itself, and from the legislative history (which 
I assume he didn't bother to look up) that "pursue" and "take" 
specifically mean efforts to capture, injure or kill.

Enough of this.  I would respectfully request Mr. Coffey put an end to 
these threads, in order for us to move on to more directly relevant 
topics.

Chris Sloan
chris.sloan@xxxxxxxxxxx
Nashville, TN

----- Original Message -----
From: "William T. Thornton" <wtthornton@xxxxxxxxxxx>
Date: Friday, December 27, 2002 8:25 am
Subject: [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.

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