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PLEASE READ ABOUT THE LEGALITIES CONCERNING YOUR ITEM. YOUR EBAY ITEM HAS BEEN SENT TO THE APPROPRIATE AGENCIES, AND EVERYONE INVOLVED IN THIS TRANSACTION IS BEING INVESTIGATED! Send them a link to everything below, or the appropriate agencies: Prohibited and Restricted Items - Animals and Wildlife Products Migratory Birds Division of Migratory Bird Management Home Page, U.S. Fish and Wildlife Service EXECUTIVE ORDER TO PROTECT MIGRATORY BIRDS These migratory bird conventions impose substantive obligations on the United States for the conservation of migratory birds and their habitats, and through the Migratory Bird Treaty Act (Act), the US has implemented these migratory bird conventions with respect to the US. This Executive Order directs executive departments and agencies to take certain actions to further implement the Act. Sec. 2 definitions. For purposes of this order: (a) "Take" means take as defined in 50 C.F.R. 10,12, and includes both "intentional" and "unintentional" take. (d) "Migratory bird" means any bird listed in 50 C.F.R. 10,13. (e) "Migratory bird resources" means migratory birds and the habitats upon which they depend. (10) within the scope of its statutorily-designated authorities, control the import, export, and establishment in the wild of live exotic animals and plants that may be harmful to migratory bird resources; Signed by The White House, Bill Clinton http://www.fws.gov/policy/do172.pdf United States Department of the Interior Sec. 2 To whom does this Order apply? This Order applies Servicewide. We have responsibility to administer, oversee, and enforce the conservation provisions of the Migratory Bird Treaty act (MBTA), which includes responsibility for population management (e.g., monitoring), habitat protection, international coordination, and regulations development and enforcement. Sec. 3. What authorities govern migratory birds? a. Migratory Bird Treaty Act, 16 U.S.C. 703-712 b. Bald and Golden Eagle Protection Act, 16 U.S.C. 668 c. Ramsar Convention d. Migratory Bird Treaties with Canada (39 Stat. 1702; TS 628, as amended), Mexico (50 Stat. 1311; TS912, as amended), Soviet Union (T.I.A.S. 9073), and Japan (25 UST 3329; T.I.A.S. 7990, as amended). e. Pan American convention f. Fish and Wildlife Coordination Act (16 U.S.C. 661-667) g. Migratory Bird Conservation Act (16 U.S.C. 715-715d, 715e, 715f-715r) h. Executive Order 13186 (66 FR 3853) i. National Environmental Policy Act of 1969 (42 U.S.C. 4321-4347) j. Fish and Wildlife conservation Act (16 U.S.C. 2901-2911) k. Endangered Species Act of 1973 (16 U.S.C. 1531-1544) l. Magnuson-Stevens Fishery and Conservation Act c. Prevent or abate the pollution or detrimental alteration of the environment for the benefit of migratory birds within the scope of our statutory authorities. 7. Raise public awareness regarding the possible presence of birds in a nest, and the risk of violating the Migratory Bird Treaty Act, the Endangered Species Act, and the Bald and Golden Eagle Protection Act. Inform the public of factors that will help minimize the likelihood that take would occur should nests (with birds or eggs) be destroyed (Migratory Bird Permit Memorandum on Nest Destruction, April 15, 2003). Permit coordinators will also ensure that MBTA permit applications for nest destruction are not targeting nests of endangered or threatened species or bald or golden eagles. http://www.fws.gov/policy/m0208.pdf The MBTA specifically protects migratory bird nests from possession, sale, purchase, barter, transport, import, and export, and take. The other prohibitions of the MBTA, as defined by 50 CFR 10,12, means to pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to pursue hunt, shoot, wound, kill, trap, capture, or collect. Only collect applies to nests. While it is illegal to collect, possess, and by any means transfer possession of any migratory bird nest, the MBTA does not contain any prohibition that applies to the destruction of a bird nest alone (without birds or eggs), provided that no possession occurs during the destruction. The MBTA does not authorize the Service to issue permits in situations in which the prohibitions of the Act do not apply, such as the destruction of unoccupied nests. (Some unoccupied nests are legally protected by statutes other than the MBTA, including nests of threatened and endangered migratory bird species and bald and golden eagles, within certain parameters.) However, the public should be made aware that, while destruction of a nest by itself is not prohibited under the MBTA, nest destruction that results in the [unpermitted] take of migratory birds or their eggs, is illegal and fully prosecutable under the MBTA. Due to the biological and behavioral characteristics of some migratory bird species, destruction of their nests entails an elevated degree of risk of violating the MBTA. For example, colonial nesting birds are highly vulnerable to disturbance; the destruction of unoccupied nests during or near the nesting season could result in a significant level of take. Another example involves ground nesting species such as burrowing owls and bank swallows, which nest in cavities in the ground, making it difficult to detect whether or not their nests are occupied by eggs or nestlings or are otherwise still essential to the survival of the juvenile birds. The Service should make every effort to raise public awareness regarding the possible presence of birds and the risk of violating the MBTA..... The Service should also take care to discern that persons who request MBTA permits for nest destruction are not targeting nests of endangered or threatened species, so that the public can be made aware of the prohibitions of the ESA and the BGEPA against nest destruction.
YOUR EBAY ITEM HAS BEEN SENT TO THE APPROPRIATE AGENCIES, AND EVERYONE INVOLVED IN THIS TRANSACTION IS BEING INVESTIGATED
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