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Thanks to Ken Morrison for pointing this one out.
Who hasn't followed an animal for at least a brief time. For one
thing, it's almost surreal to fly with other birds but we have to admit
that it's not likely they reciprocate those feelings. Mind you, some
birds are just curious and don't in fact, mind your presence. You can
easily tell that by their reaction. If the bird comes closer on its own,
that's one thing, but if it's darting around trying to get out of the
way, you can be pretty sure it's in flight of fright mode.
If worse came to really worse and some game warden has you in his
sights, the law below will be his ammunition. Following the #1 rule of
legal paramotoring will still probably keep out of fowl's way: "don't
piss anyone off." We just have to include the animals in that
admonition.
The complete law is included below in a slightly more readable
fashion.
Enjoy!
16 U.S.C. §
742j-1 : US Code - Section 742J-1: Airborne hunting
(a) Prohibition; penalty
Any person who -
(1) while airborne in an aircraft shoots or attempts to shoot
for the purpose of capturing or killing any bird, fish, or other animal;
or
(2) uses an aircraft to harass any bird, fish, or other
animal; or
(3) knowingly participates in using an aircraft for any
purpose referred to in paragraph (1) or (2); shall be fined not more
than $5,000 or imprisoned not more than one year, or both.
(b) Exception; report of State to Secretary
(1) This section shall not apply to any person if such person
is employed by, or is an authorized agent of or is operating under a
license or permit of, any State or the United States to administer or
protect or aid in the administration or protection of land, water,
wildlife, livestock, domesticated animals, human life, or crops, and
each such person so operating under a license or permit shall report to
the applicable issuing authority each calendar quarter the number and
type of animals so taken.
(2) In any case in which a State, or any agency thereof,
issues a permit referred to in paragraph (1) of this subsection, it
shall file with the Secretary of the Interior an annual report
containing such information as the Secretary shall prescribe, including
but not limited to -
(A) the name and address of each
person to whom a permit was issued;
(B) a description of the animals
authorized to be taken thereunder, the number of animals authorized to
be taken, and a description of the area from which the animals are
authorized to be taken;
(C) the number and type of animals
taken by such person to whom a permit was issued; and
(D) the reason for issuing the permit.
(c) "Aircraft" defined. As used in this section, the term "aircraft"
means any contrivance used for flight in the air.
(d) Enforcement; regulations; arrest; search; issuance and execution
of warrants and process; cooperative agreements The Secretary of the
Interior shall enforce the provisions of this section and shall
promulgate such regulations as he deems necessary and appropriate to
carry out such enforcement. Any employee of the Department of the
Interior authorized by the Secretary of the Interior to enforce the
provisions of this section may, without warrant, arrest any person
committing in his presence or view a violation of this section or of any
regulation issued hereunder and take such person immediately for
examination or trial before an officer or court of competent
jurisdiction; may execute any warrant or other process issued by an
officer or court of competent jurisdiction for the enforcement of the
provisions of this section; and may, with or without a warrant, as
authorized by law, search any place. The Secretary of the Interior is
authorized to enter into cooperative agreements with State fish and
wildlife
agencies or other appropriate State authorities to facilitate
enforcement of this section, and by such agreements to delegate such
enforcement authority to State law enforcement personnel as he deems
appropriate for effective enforcement of this section. Any judge of any
court established under the laws of the United States, and any United
States magistrate judge may, within his respective jurisdiction, upon
proper oath or affirmation showing probable cause, issue warrants in all
such cases.
(e) Forfeiture. All birds, fish, or other animals shot or captured
contrary to the provisions of this section, or of any regulation issued
hereunder, and all guns, aircraft, and other equipment used to aid in
the shooting, attempting to shoot, capturing, or harassing of any bird,
fish, or other animal in violation of this section or of any regulation
issued hereunder shall be subject to forfeiture to the United States.
(f) Certain customs laws applied. All provisions of law relating to
the seizure, forfeiture, and condemnation of a vessel for violation of
the customs laws, the
disposition of such vessel or the proceeds from the sale thereof, and
the remission or mitigation of such forfeitures, shall apply to the
seizures and forfeitures incurred, or alleged to have been incurred,
under the provisions of this section, insofar as such provisions of law
are applicable and not inconsistent with the provisions of this section;
except that all powers, rights, and duties conferred or imposed by the
customs laws upon any officer or employee of the Treasury Department
shall, for the purposes of this section, be exercised or performed by
the Secretary of the Interior or by such persons as he may designate.
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On full speedbar with fast trim I can keep up with
one of these fellows but can't be seen as "harassing."
As nasty as their dropping are, they are
spectacularly beautiful in flight.
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