Native birds are Federally protected under the Migratory Bird Treaty Act. The 
following is taken from the USF&WS website. This time of year rehabbers and 
wildlife clinics are overwhelmed with the number of animals/birds needing help. 
They do not have the time nor resources to go out and capture and transport 
every single animal/bird and must rely on Good Samaritans to do so.

Morgan Hapeman
DEC & USF&WS licensed rehabilitator


  *   It is usually illegal to capture or keep wildlife. For example, without a 
permit, the Migratory Bird Treaty Act makes it unlawful to take, possess, 
import, export, transport or sell most native 
bird<https://www.fws.gov/permits/faqs/Rehab%20Permit%20Fact%20Sheet.pdf> 
species, or their parts (including feathers), nests or eggs. However, you are 
allowed to catch a sick, injured or orphaned migratory bird in order to 
immediately transport it to a permitted wildlife 
rehabilitator<http://wildliferehabinfo.org/ContactList_MnPg.htm>.

On Jul 18, 2019, at 12:06 PM, Donna Lee Scott 
<d...@cornell.edu<mailto:d...@cornell.edu>> wrote:

I do appreciate Jody’s thoughts on this, but sometimes TIME is of the essence 
and one needs to get the bird to the wildlife clinic ASAP.

When I found the paralyzed, highly lead-poisoned Red Tailed Hawk a couple years 
ago, it was Sunday night when I am sure the DEC would not come to my house, and 
I had to leave the state within a day or two on a long-planned trip, so I could 
not wait till the DEC could arrive to take the hawk. Plus the hawk would have 
died, probably, with a longer wait.
The wildlife clinic and later a rehabber was able to save this hawk and return 
it to the wild here in Lansing several months later.

I have taken several other injured birds to the Swanson clinic or the Vet 
School Small Animal Clinic and they have not said a word about it being against 
the law.
I know it is, but sometimes the bird can be saved by quick action.

From long experience with handling birds (mostly domestic ones), I also know 
how to capture them and carefully cage and transport them.

Donna

Donna L. Scott
Lansing Station Road
Lansing, NY 14882
From: 
bounce-123756678-15001...@list.cornell.edu<mailto:bounce-123756678-15001...@list.cornell.edu>
 [mailto:bounce-123756678-15001...@list.cornell.edu] On Behalf Of Jody Enck
Sent: Thursday, July 18, 2019 10:17 AM
To: Nancy Cusumano <nancycusuman...@gmail.com<mailto:nancycusuman...@gmail.com>>
Cc: Anne Marie Johnson <a...@cornell.edu<mailto:a...@cornell.edu>>; Carol 
Cedarholm <cceda...@gmail.com<mailto:cceda...@gmail.com>>; CAYUGABIRDS-L 
<cayugabird...@list.cornell.edu<mailto:cayugabird...@list.cornell.edu>>; 
wildthingssanctu...@gmail.com<mailto:wildthingssanctu...@gmail.com>
Subject: Re: [cayugabirds-l] Avian Pox Virus

Hi All,

Regarding obviously sick wildlife, it is best to contact the New York State 
Department of Environmental Conservation at 
wildl...@dec.ny.gov<mailto:wildl...@dec.ny.gov> and to contact a licensed 
wildlife rehaber.  It is technically illegal to capture wildlife, even to take 
it for treatment.  Whether you would be ticketed or not for a violation is 
another issue altogether, but the best thing to do is contact DEC and a 
licensed rehaber and to follow their instructions.

Take care
Jody



Jody W. Enck, PhD
Conservation Social Scientist, and
Founder of the Sister Bird Club Network
607-379-5940


On Thu, Jul 18, 2019 at 9:21 AM Nancy Cusumano 
<nancycusuman...@gmail.com<mailto:nancycusuman...@gmail.com>> wrote:
HI Anne Marie,

I believe it is illegal to catch and keep it, not catch it and take it for 
treatment. If that were the case then every citizen who rescues a bird and 
brings it to a rehabber or vet for treatment would be breaking the law, which I 
do not believe is the case.

Nancy


On Thu, Jul 18, 2019 at 8:59 AM Anne Marie Johnson 
<a...@cornell.edu<mailto:a...@cornell.edu>> wrote:
It is illegal to capture most wild birds unless under the direction of someone 
licensed to do so. I don’t know if House Finches are protected in this way, but 
it is always best to leave the capturing and/or treatment of sick or injured 
birds to the professionals. I am copying Victoria Campbell on this message. She 
is a local, licensed wildlife rehabilitator who can assist you.

Anne Marie Johnson

From: 
bounce-123756235-9846...@list.cornell.edu<mailto:bounce-123756235-9846...@list.cornell.edu>
 
<bounce-123756235-9846...@list.cornell.edu<mailto:bounce-123756235-9846...@list.cornell.edu>>
 On Behalf Of Nancy Cusumano
Sent: Thursday, July 18, 2019 6:06 AM
To: Carol Cedarholm <cceda...@gmail.com<mailto:cceda...@gmail.com>>
Cc: CAYUGABIRDS-L 
<cayugabird...@list.cornell.edu<mailto:cayugabird...@list.cornell.edu>>
Subject: Re: [cayugabirds-l] Avian Pox Virus

Carol,

If there is any way you could catch this bird, maybe with a net, it could go to 
the Swanson Wildlife Center at the vet school. They could maybe treat him, but 
it is an advanced case and may euthanize but at least it would be out of pain.  
Poor thing.

Nancy

On Wed, Jul 17, 2019 at 7:58 PM Carol Cedarholm 
<cceda...@gmail.com<mailto:cceda...@gmail.com>> wrote:
Hello all,
I have a mourning dove with avian pox virus sores around its beak coming to my 
feeders. Am I correct that this is very contagious to other birds? Should I 
stop filling my feeders?
Thanks,
Carol Cedarholm
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