OPINION/COMMENTARY

Equal Treatment Under the Law

Red-tailed hawks are a named species on and protected by the Migratory Bird Treaty Act. That means they come under the primary jurisdiction of the Federal government. Article V of the Migratory Bird Treaty Act prohibits” the taking of nests or eggs of named migratory birds, except for scientific or propagating purposes”. So ask yourself why the Federal government did not prevent this very public “taking” of a migratory bird nest? Why wasn’t the Federal government telling everyone else that you cannot destroy a migratory bird’s nest? Why has there been no prosecution of those that destroyed the nest? Why isn’t the Federal bureaucracy waxing poetic about the value of such wild species in such a densely populated city? Why is there no publicity about Federal investigators descending on Manhattan to document and prosecute this very public outrage against Federal law? Could it be because the perpetrators are associated with rich and powerful persons? Could it be that there is not any justification for new money or new power to be gained by the Federal agencies? Could it be that the publicity from aggravating powerful urban residents is just the opposite from aggravating and arresting some rancher? Could it be that the Federal bureaucrats have different levels of concern for a red-tailed hawk in Manhattan as opposed a golden eagle in Wyoming? Could it be that human impacts on wildlife in a large city are not examples of why we need new laws or why more Federal land control is needed to “save” some critter? Could it be that wildlife impacts on urban folks (smelly nests by windows, dead rat and pigeon carcasses, and foul droppings on buildings and their entrances) do not have to be tolerated by the urban populace while it is OK to force wolves on rural areas and allow deadly predator populations to skyrocket at the expense of rural residents and their communities?....