I've heard the rumor from several sources over time and believe we need to set the record straight. The rumor goes something like this: When the new falconry regs (Part 21, 21.29) were being written, the punishments for any and all violations would be felonies. The story goes that George Allen argued against it but lost out to law enforcement and to get LE to sign off on the new regs the decision was made that all violations would be treated as felonies. Here's the straight talk on the subject. There was no discussion between anyone in FWS about punishments for violations. The punishment standards were already given in the MBTA, Section 707 which states:
(a) Except as otherwise provided in this section, any person, association, partnership, or corporation who shall violate any provisions of said conventions or of this subchapter, or who shall violate or fail to comply with any regulation made pursuant to this subchapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than $15,000 or be imprisoned not more than six months, or both.
(b) Whoever, in violation of this subchapter, shall knowingly---
(1) take by any manner whatsoever any migratory bird with intent to sell, offer to sell, barter or offer to barter such bird, or
(2) sell, offer for sale, barter or offer to barter, any migratory bird shall be guilty of a felony and shall be fined not more than $2,000 or imprisoned not more than two years, or both.
So, put that one to rest.
Thanks.
Bill Meeker
President, AFC
