A Brief Summary of Laws Protecting Peregrine Falcons

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The Peregrine Falcon has been protected under the U.S. Endangered Species Act since the early 1970's. It has been delisted federally as of August 20, 1999 but will still be protected under California and other state and federal laws. It is still against federal law to possess the feathers or eggs of Peregrine Falcons without a permit. The fine for possession without a permit is $25,000. Peregrine Falcons may be kept by licensed falconers and certain institutions.

These federal laws protect Peregrines and other birds:

Migratory Bird Treaty Act (16 U.S.C. 703-712). Except as allowed by implementing regulations, this Act makes it unlawful to pursue, hunt, kill, capture, possess, buy, sell, purchase, or barter any migratory bird, including the feathers or other parts, nests, eggs, or migratory bird products.

Lacey Act (18 U.S.C. 42; 16 U.S.C. 3371-3378). This Act provides authority to the Secretary of the Interior to designate injurious wildlife and ensure the humane treatment of wildlife shipped to the United States. Further, it prohibits the importation, exportation, transportation, sale, or purchase of fish and wildlife taken or possessed in violation of State, Federal, Indian tribal, and foreign laws. The Amendments strengthen and improve the enforcement of Federal wildlife laws and improve Federal assistance to the States and foreign governments in the enforcement of their wildlife laws. Also, the act provides an important tool in the effort to gain control of smuggling and trade in illegally taken fish and wildlife.

Airborne Hunting Act (16 U.S.C. 742j-1). Section 13 of the Fish and Wildlife Act of 1956 is commonly referred to as the Airborne Hunting Act, or Shooting From Aircraft Act, and prohibits taking or harassing wildlife from aircraft, except when protecting wildlife, livestock, and human health or safety, as authorized by a Federal- or State-issued license or permit.

National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd-668ee). This Act constitutes an "Organic Act" for the National Wildlife Refuge System by providing guidelines and directives for administration and management of all areas in the system including "wildlife refuges, areas for the protection and conservation of fish and wildlife that are threatened with extinction, wildlife ranges, game ranges, wildlife management areas, or waterfowl production areas."

 

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