ChiefsPlanet - View Single Post

frozenchief · 03-07-2024, 05:39 PM

Just to answer a few points.

Otter is correct. We have a LOT of bald eagles here. They were originally put on the endangered species list because of DDT. DDT accumulates in tissues and fish would eat bugs exposed to DDT and eagles eat the fish and it created problems. With the banning of DDT and strict protection, they are rebounding. But we have a ton of them.

I hit this one on the highway that goes right past the Anchorage dump. For those familiar with the area, it was just past the Hiland Mountain exit.

I've handled cases involving people prosecuted for unlawfully possessing eagle parts. And walrus tusks. And seal hides. And polar bear hides. I'm familiar with the law. There are 2 aspects to the law protecting eagles: criminal and civil. Think of them as the difference between reckless driving and speeding. Reckless driving involves a mental state - recklessness. Speeding does not. If you are facing a speeding ticket, the only question is whether you were speeding, not your excuse or justification.

To be criminally liable, the government would have to prove I knowingly killed this eagle. It was clearly an accident and they cannot do so. If it had been a non-endangered bird, like a turkey, I would have just thrown it into the ditch and filed an insurance claim. Doing so with an eagle, though, could create a ton of issues. I want to avoid the criminal issues. I do face the possibility of a fine. Before I can be fined, though, I am entitled to present a defense. I personally know the USF&W attorney and I've already called him to advise him of this situation.

I figured my choices are as follows: throw the bird off the side of the road, file an insurance claim and hope nobody finds out. Not likely to succeed and I'd be subject to far more scrutiny than I really want. What if they charge me with keeping feathers? I did not but my failure to report at that point looks very, very bad. Or, I can call APD and document that I didn't keep anything and I reported it as quickly as possible. I might (emphasis on might) be fined but I anticipate any fine would be minimal. Further, the fine is essentially insurance that I won't wind up facing worse charges. Does that suck? Yeah but that's life. I figure it's one hell of a story.

The sad thing is that I love this state, in part because of the unique wildlife. Seeing bald eagles, even if it's as common as a seeing a robin in Kansas, still makes my day. I love to see moose and caribou and even when I hunt one, there's grief over death. That grief, though, is mitigated because I know that animal will feed a number of people. This was just death.

In memoriam, I offer this moving tribute to eagles (Language NSFW):

03-07-2024, 05:39 PM	#81
frozenchief Cynical Misanthrope frozenchief's Avatar Join Date: Apr 2013 Location: Alaska	Just to answer a few points. Otter is correct. We have a LOT of bald eagles here. They were originally put on the endangered species list because of DDT. DDT accumulates in tissues and fish would eat bugs exposed to DDT and eagles eat the fish and it created problems. With the banning of DDT and strict protection, they are rebounding. But we have a ton of them. I hit this one on the highway that goes right past the Anchorage dump. For those familiar with the area, it was just past the Hiland Mountain exit. I've handled cases involving people prosecuted for unlawfully possessing eagle parts. And walrus tusks. And seal hides. And polar bear hides. I'm familiar with the law. There are 2 aspects to the law protecting eagles: criminal and civil. Think of them as the difference between reckless driving and speeding. Reckless driving involves a mental state - recklessness. Speeding does not. If you are facing a speeding ticket, the only question is whether you were speeding, not your excuse or justification. To be criminally liable, the government would have to prove I knowingly killed this eagle. It was clearly an accident and they cannot do so. If it had been a non-endangered bird, like a turkey, I would have just thrown it into the ditch and filed an insurance claim. Doing so with an eagle, though, could create a ton of issues. I want to avoid the criminal issues. I do face the possibility of a fine. Before I can be fined, though, I am entitled to present a defense. I personally know the USF&W attorney and I've already called him to advise him of this situation. I figured my choices are as follows: throw the bird off the side of the road, file an insurance claim and hope nobody finds out. Not likely to succeed and I'd be subject to far more scrutiny than I really want. What if they charge me with keeping feathers? I did not but my failure to report at that point looks very, very bad. Or, I can call APD and document that I didn't keep anything and I reported it as quickly as possible. I might (emphasis on might) be fined but I anticipate any fine would be minimal. Further, the fine is essentially insurance that I won't wind up facing worse charges. Does that suck? Yeah but that's life. I figure it's one hell of a story. The sad thing is that I love this state, in part because of the unique wildlife. Seeing bald eagles, even if it's as common as a seeing a robin in Kansas, still makes my day. I love to see moose and caribou and even when I hunt one, there's grief over death. That grief, though, is mitigated because I know that animal will feed a number of people. This was just death. In memoriam, I offer this moving tribute to eagles (Language NSFW):
Posts: 3,918	8 0