WUSA9 in Virginia posted a story today about an eleven-year old child who saved a baby woodpecker from becoming dinner for the family cat. This act of kindness resulted in the child's mother being sent a letter asking for payment of a fine of more than $500 and the child's mother being threatened with jail time. Impossible? No, unfortunately. Here is the story.
Skylar Capo rescued a baby woodpecker from being eaten by the family cat at her father's house. When she couldn't find the woodpecker's mother, she asked her mother if she could take the baby bird home. Her mother agreed.
The article reports:
"But on the drive home, the Capo family stopped at a Lowes in Fredericksburg and they brought the bird inside because of the heat. That's when they were confronted by a fellow shopper who said she worked for the U.S. Fish and Wildlife Service."
Under the Federal Migratory Bird Act, the woodpecker is a protected species and it is illegal to take or transport a baby woodpecker.
The story continues:
"So as soon as the Capo family returned home, they say they opened the cage, the bird flew away, and they reported it to the U.S. Fish and Wildlife Service.
""They said that's great, that's exactly what we want to see," said Capo. "We thought that we had done everything that we could possibly do."
"But roughly two weeks later, that same woman from the U.S. Fish and Wildlife Service showed up at Capo's front door. This time, Capo says the woman was accompanied by a state trooper. Capo refused to accept a citation, but was later mailed a notice to appear in U.S. District Court for unlawfully taking a migratory bird. She's also been slapped with a $535 fine."
The U. S. Fish and Wildlife Service issued the following statement today:
""On June 13, a special agent with the U.S. Fish and Wildlife Service observed a woman carrying a cage that contained a woodpecker at a home improvement store in Fredericksburg Virg.
"As possession of a bird may potentially violate the federal Migratory Bird Treaty Act, the agent initiated an inquiry to determine whether a potential violation had occurred.
"Upon speaking with the subject, later identified as Alison Capo, on June 27, the agent determined that no further action was warranted. A citation that had been previously drafted by the agent was cancelled on June 28.
"Unfortunately, the citation was processed unintentionally despite our office's request to cancel the ticket. The Service has contacted Ms. Capo to express our regret. The Service is also sending Ms. Capo a formal letter explain the clerical error and confirming that ticket should never have been issued.
"This misunderstanding was the result of a Service inquiry into possible violations of federal wildlife law. In particular the Service is responsible for the protection of all federally listed migratory birds. The Virginia Department of Game and Inland Fisheries did not participate in the inquiry.""
The bigger the government, the smaller the individual. Be careful where you take your bird.
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