Candace Smith & Lindsay Burley: How to Legally Reduce Black Vulture Attacks

How to Legally Reduce Black Vulture Attacks

Candace Smith & Lindsay Burley Steptoe & Johnson, PLLC

Although the presence of black vultures in Kentucky has been historically rare, black vultures are becoming an increasingly widespread and common problem for Kentucky farmers and livestock producers. This year in particular, the predatory birds are wreaking havoc on Kentucky livestock, targeting newborn calves and full-grown ewes, lambs, and goats. Unfortunately for Kentucky farmers, livestock producers cannot eliminate black vultures – even though they are not near extinction – because the vultures are protected under the Migratory Bird Treaty Act of 1918. Under the Migratory Bird Treaty Act, it is unlawful to “pursue, hunt, take, capture, kill, [or] attempt to take, capture, or kill” certain migratory birds that are native to the United States or its territories. 16 U.S.C.A. § 703(a). The word “take” is defined as to “pursue, hunt, shoot, capture, collect, kill, or attempt to pursue, hunt, shoot, capture, collect, or kill …” 16 U.S.C.A. § 715(n). Therefore, options for protecting livestock from the black vultures are limited.

Migratory Bird Treaty Act violations are taken very seriously, and the Act provides any authorized employee of the Department of the Interior with the “power, without a warrant, to arrest any person committing a violation of [the Migratory Bird Treaty] in his presence or view and to take such person immediately for examination or trial before an officer or court of competent jurisdiction…” 16 U.S.C.A. § 706 (emphasis added). Luckily, Kentucky farmers are not completely without options to protect their livestock. First, it is legal to harass vultures and to use effigies to scare the vultures away. See https://forestry.ca.uky.edu/vulture_deter. Common techniques used to harass vultures include loud noises, such as blow horns, and spraying the vultures with a garden hose. A vulture effigy can also be hung in an area to deter the vultures from congregating. Livestock owners can also apply for permits to legally “take” the vultures. Livestock owners can apply for a permit issued by the U.S. Fish and Wildlife Service to reduce the black vulture population on their farm. However, in applying for a permit, applicants must provide a wealth of information, including, but not limited to, specific details of the injuries occurring, how long the injuries have been occurring, the size of the area affected, requested methods of taking, proposed trapping methods, who will be conducting the taking, and what nonlethal measures have been previously used to address the injuries. See Federal Fish and Wildlife Permit Application form. Additionally, the Kentucky Farm Bureau (“KFB”) offers sub-permits that are available to livestock producers that are experiencing problems with vultures attacking livestock. Individuals seeking a sub-permit can contact the KFB Commodity Division. See https://bit.ly/3jNEkI2. The KFB, however, can only issue a limited number of takes. Therefore, all applicants for the sub-permit will be scored based on past livestock losses, the number of livestock on the applicant’s farm, and the number of black vulture roosts and birds in the vicinity. Id. Each applicant can be awarded a maximum of five takings based on their score. Id. Navigating both the federal and state permit programs, as well as determining what actions constitute an illegal “taking” under the Migratory Bird Treaty Act can be difficult. An attorney can help you determine the best legal solutions for protecting your livestock from black vultures and other predatory birds, as well as help you complete the application process to receive a permit for lawful takings. 1. The specific species of migratory birds subject to this law are defined in various treaties. See 16 U.S.C.A § 715j.

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