Man Charged With Intentionally Killing Bald Eagles With His Truck in Alaska
Source: NBC News
Man Charged With Intentionally Killing Bald Eagles With His Truck in Alaska
by M. Alex Johnson
Jun 12 2015, 12:35 am ET
An Oregon man has been charged with intentionally driving his pickup truck into a group of bald eagles feeding on an Alaska roadway, killing two of them, authorities said Thursday.
Dennis C. Thompson, 28, of Union, Oregon, was cited on a count of using a motorized vehicle to harass or molest game, the Division of Alaska State Troopers said. Thompson is scheduled to be arraigned June 30 in Unalaska District Court, the division said.
Unalaska Police Chief Jamie Sunderland told NBC station KTUU the incident happened Sunday night in Dutch Harbor, a community on Unalaska in the Alaska part of the Aleutian Islands.
"Somebody called us and said there was someone who had ran over an eagle," Sunderland said. "They said there was blood, and it was flopping around, that someone should come put it down."
Read more: http://www.nbcnews.com/news/us-news/man-charged-intentionally-killing-bald-eagles-his-truck-alaska-n374116
SunSeeker
(51,705 posts)I hope the feds charge him with a felony under the Bald Eagle protection laws, because the one state law count he was charged with is only a misdemeanor.
Scootaloo
(25,699 posts)Simply harming or harassing the animals isn't a federal offense, but if he had stopped to pluck some feathers, they could get him.
SunSeeker
(51,705 posts)Scootaloo
(25,699 posts)Still, circumstances as they are, he could pretty easily just claim that it was an accidental strike, and it would be a tough go to pin the federal charges on him. Going with the state-level misdemeanor makes it easier to stick.
SunSeeker
(51,705 posts)This jerk did not.
http://legal-dictionary.thefreedictionary.com/Endangered+Species+Act
Scootaloo
(25,699 posts)Haven't been for some time.
They ARE protected under the Bald Eagle and Golden Eagle Protection Act, the Migratory Birds treaty, and the Lakey Act. I'm not certain of unintentional harm would trigger one of these. Thus why I think they may just stick him with the state-level misdemeanor, to get him for it on something.
I wouldn't cry if it did, though.
SunSeeker
(51,705 posts)No "take" (killing, injury, etc.) allowed. Period.
http://www.fws.gov/midwest/eagle/protect/laws.html
Scootaloo
(25,699 posts)happyslug
(14,779 posts)§ 668c. Definitions
As used in this Act [16 USCS §§ 668-668d] "whoever" includes also associations, partnerships, and corporations; "take" includes also pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest or disturb; "transport" includes also ship, convey, carry, or transport by any means whatever, and deliver or receive or cause to be delivered or received for such shipment, conveyance, carriage, or transportation
ellisonz
(27,711 posts)Scumbag.
Art_from_Ark
(27,247 posts)KT2000
(20,588 posts)that the laws protecting the bald eagle are strictly enforced - no plea deals or community service. Jail time and fines. Really hope this is true for this miscreant.
Rex
(65,616 posts)Monster.
Blue_In_AK
(46,436 posts)and sometimes they can be kind of pesky around dumpsters and garbage dumps when fish guts are around, but this is really uncalled for, especially when you can get in trouble for even having an eagle feather in your possession.
Scootaloo
(25,699 posts)I used to think seagulls were the world's nastiest birds. Then I saw a bald eagle grab one, rip it in half in midair, and perch on my dock to chow down on the half that was stuck to its claws. Then it took a shit and flew off. I had to scrape up the seagull 'cause even other seagulls wouldn't touch it.
Gross birds. I wish we had listened to Ben Franklin and gone with hte turkey instead.
That said? Plowing through ANY critter because you can is the height of douchebaggery. Just leave them the fuck alone. If they're in the middle of the road, go around. Or call someone if you really can't get past them - if you're on the highway in Alaska, you're not going somewhere in a fucking hurry, you can wait for F&G or local sanitation to come deal with the roadblock.
secondwind
(16,903 posts)use eagle feathers in their various ceremonies, and right now the waiting list for a feather is two years.
Elmer S. E. Dump
(5,751 posts)If you are going to call them gross birds, you may as well call us gross humans. Eagles kill by instinct, people kill for money, power, revenge, etc.
Arkana
(24,347 posts)How could the eagle NOT be our national bird? That's a perfect encapsulation of mainstream America, right there.
snooper2
(30,151 posts)geek tragedy
(68,868 posts)Gulls eat garbage. That's nasty
Blue_In_AK
(46,436 posts)Somehow their predatory and scavenging nature does seem appropriate for the U.S.
roguevalley
(40,656 posts)hang out there. A dimwit lady in Homer decided once to feed eagles over the winter rather than let them migrate to Haines for the winter. I drove down to Homer and saw them lined up on the fences, light poles and picnic tables near her house waiting for her to feed them. There must have been 100 of them sitting there side-by-side. It was disgusting in the extreme to see that. She single handedly changed the migratory paths of millions of birds by doing this because they were being hunted by abnormal numbers of eagles during the spring. Where I would see thousands of sand hill cranes, snow geese, greater and lesser Canadians in the spring on the flats around my area, there are now so few you can't find them.
Eagles are amazing. I hope he gets a HUGE sentence and I say that as a former Oregonian. I hate people who are cruel. I hope they didn't have babies to feed yet. Damned idiot is in trouble.
Helen Borg
(3,963 posts)With eagles bald eating his interiors.
Telcontar
(660 posts)Charge him with destruction of government property.
Aren't all bald eagles considered owned by the Federal gov't?
secondwind
(16,903 posts)Omaha Steve
(99,718 posts)happyslug
(14,779 posts)(a) Prohibited acts; criminal penalties
Whoever, within the United States or any place subject to the jurisdiction thereof, without being permitted to do so as provided in this subchapter, shall knowingly, or with wanton disregard for the consequences of his act take, possess, sell, purchase, barter, offer to sell, purchase or barter, transport, export or import, at any time or in any manner any bald eagle commonly known as the American eagle or any golden eagle, alive or dead, or any part, nest, or egg thereof of the foregoing eagles, or whoever violates any permit or regulation issued pursuant to this subchapter, shall be fined not more than $5,000 or imprisoned not more than one year or both: Provided, That in the case of a second or subsequent conviction for a violation of this section committed after October 23, 1972, such person shall be fined not more than $10,000 or imprisoned not more than two years, or both: Provided further, That the commission of each taking or other act prohibited by this section with respect to a bald or golden eagle shall constitute a separate violation of this section: Provided further, That one-half of any such fine, but not to exceed $2,500, shall be paid to the person or persons giving information which leads to conviction: Provided further, That nothing herein shall be construed to prohibit possession or transportation of any bald eagle, alive or dead, or any part, nest, or egg thereof, lawfully taken prior to June 8, 1940, and that nothing herein shall be construed to prohibit possession or transportation of any golden eagle, alive or dead, or any part, nest, or egg thereof, lawfully taken prior to the addition to this subchapter of the provisions relating to preservation of the golden eagle.
(b) Civil penalties
Whoever, within the United States or any place subject to the jurisdiction thereof, without being permitted to do so as provided in this subchapter, shall take, possess, sell, purchase, barter, offer to sell, purchase or barter, transport, export or import, at any time or in any manner, any bald eagle, commonly known as the American eagle, or any golden eagle, alive or dead, or any part, nest, or egg thereof of the foregoing eagles, or whoever violates any permit or regulation issued pursuant to this subchapter, may be assessed a civil penalty by the Secretary of not more than $5,000 for each such violation. Each violation shall be a separate offense. No penalty shall be assessed unless such person is given notice and opportunity for a hearing with respect to such violation. In determining the amount of the penalty, the gravity of the violation, and the demonstrated good faith of the person charged shall be considered by the Secretary. For good cause shown, the Secretary may remit or mitigate any such penalty. Upon any failure to pay the penalty assessed under this section, the Secretary may request the Attorney General to institute a civil action in a district court of the United States for any district in which such person is found or resides or transacts business to collect the penalty and such court shall have jurisdiction to hear and decide any such action. In hearing any such action, the court must sustain the Secretarys action if supported by substantial evidence.
(c) Cancellation of grazing agreements
The head of any Federal agency who has issued a lease, license, permit, or other agreement authorizing the grazing of domestic livestock on Federal lands to any person who is convicted of a violation of this subchapter or of any permit or regulation issued hereunder may immediately cancel each such lease, license, permit, or other agreement. The United States shall not be liable for the payment of any compensation, reimbursement, or damages in connection with the cancellation of any lease, license, permit, or other agreement pursuant to this section.
https://www.law.cornell.edu/uscode/text/16/668
Please note section 668c is NOT the same as section 668 (c). US Code 668 (a) (b) and (c) is followed by Section 668b then Section 668c, then 668d.
Here is 68 US code Section 668c:
§ 668c. Definitions
As used in this Act [16 USCS §§ 668-668d] "whoever" includes also associations, partnerships, and corporations; "take" includes also pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest or disturb; "transport" includes also ship, convey, carry, or transport by any means whatever, and deliver or receive or cause to be delivered or received for such shipment, conveyance, carriage, or transportation