Subject: [Tweeters] Incidental take of migratory birds - the case of Randy Johnson
Date: Sun Jan 12 13:49:20 PST 2020
From: mcallisters4 at comcast.net - mcallisters4 at comcast.net

I'm studying up on the reinterpretation of the Migratory Bird Treaty Act and
the actions being taken in Congress to overturn the Trump administration's
successful de-arming of the Act. I was a bit surprised to see this essay on
incidental take that describes the Randy Johnson fastball that killed what
is being called a Mourning Dove. I had never heard that the bird was a
Mourning Dove and always thought it was likely a Rock Pigeon which would
seem more likely to be found in a sports stadium. If it was a Rock Pigeon,
it would not be a "Migratory Bird" and that would remove this incident from
the arguments about the kinds of activities that should be considered
violations of this federal law:



https://digitalcommons.law.lsu.edu/cgi/viewcontent.cgi?article=1165
<https://digitalcommons.law.lsu.edu/cgi/viewcontent.cgi?article=1165&context
=jelr> &context=jelr



Does anyone have first-hand knowledge about this incident?



Kelly McAllister

Olympia, Washington

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