Legal News

WRTC model set of State falconry regulations
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State Statutes Recognizing Ownership Of Wildlife

Illinois Code (510 ILCS 60/)

Indiana Code (IC 14-22-1)

 
Comments to the proposed abatement regulations in 2007
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South Dakota Proposal for Nonresident Take
I want to thank the Fish & Game Commission for the opportunity to present this proposal on behalf of the Wild Raptor Take Conservancy (WRTC). WRTC is a non-profit falconry organization dedicated to defending the right of falconers’ access to wild raptor populations. We are actively pursuing opening every State to nonresident falconers.
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Communication between WRTC and the Minnesota Dept. of Natural Resources
This is a record of the process in opening the door to nonresident take.
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Ownership of raptors
WRTC's legal counsel, Mr. William Horn, provided a letter to the Solicitor of the Department of the Interior addressing the Fish & Wildlife Service's assertion in the most recent federal draft proposals to modify the falconry and captive breeding regulations, that falconers do not own their domestic bred or wild taken raptors. This letter is made available to all falconers for their edification and reference on this matter.
>>>Download

Comments to Changes in the Federal Regulations Governing Falconry
Submitted by the Board of Directors Wild Raptor Take Conservancy
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Court Case - Hughes v. Oklahoma
Given the misinformation being circulated about ownership of falconry birds, we are making available to the falconry community the U.S. Supreme Court decision, Hughes v. Oklahoma. This case addresses, among other things, the issue of the ownership of wildlife. We have underlined the salient points in this case for those who wish only a cursory examination of this important case.
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Public Trust by Bill Murrin
The attached is being provided because there are some in the falconry community who have been circulating a distorted view of the Public Trust Doctrine and how they desire to apply it to wildlife in general and raptors in particular.
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Property rights paper on migratory birds by a law student
>>>Link
   
Who Calls the Shots?
The courts continue their struggle to find the right mix of state and federal authority that best serves the public’s interest in wildlife. By Thomas Baumeister and Tom Dickson
>>>Link

 
State Statutes Recognizing Ownership Of Wildlife
There are still those within our community that refuse to accept the long standing legal principle that wildlife becomes the property of the individual who legally takes possession of it which of course includes raptors...
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WRTC policy on Eagle Trapping in the United States
The Wild Raptor Take Conservancy board of directors proposes that the use of steel jaw traps as an approved method of take of eagles for falconry purposes be terminated. There are other effective trapping methods better designed to take live raptors.

 

Ilegal Invasion of Private Property
Here are two cases involving unreasonable inspections and searches, and the analysis of police power limits. While these cases do not directly address wildlife or raptor issues, they do provide insight into constitutional scrutiny regarding inspection issues as they relate to individual rights and the public's needs and interests.
>>>Case I
>>>Case II

 

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