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According to the Consumerist, they’ve rescinded the ticket. Not that it should have been issued in the first place

We are all “criminals.”

Seriously, each of us constantly unknowingly violates the endless laws and regulations imposed on us by an out of control legal industry and micro-managing government.

And, how is a woodpecker a “migratory bird?” Are not they basically homebodies?

The news story you linked to identified the instigator as a U.S. Fish and Wildlife Service officer, not a “Virginia state game officer”. Makes the story even “better” (i.e., worse).

“decided to keep it for a day or two to make sure it wasn’t injured before letting it go.” Then “Skylar took the bird into a Lowe’s to keep it out of the hot sun”

Most states as well as the federal government heavily regulate fish and wildlife.

If this family was worried about the bird being injured, they could have inquired of a veternarian or maybe a park ranger or even looked on the internet to find out what to do. Instead, they just kept the bird for ” a day or two” maybe three or seven.

Then apparently they decided the bird was healthy enough to take along on a shopping trip.

Wild animals are not pets.

I agree with Frank.

After finding a baby bird in my driveway, I took it in and checked online with the best way to deal with it. That’s when I found it is a federal crime to hold wild birds as pets. It’s primarily because young birds need constant attention and care. After trying to find (and failing) a Wildlife department close to my house, I did the next best thing. I looked around where I found it, found the nest, and put it back inside. That’s pretty much the only thing I could do.

The red flag shot up when I heard they took the woodpecker into Lowe’s. Why are you moving it from where you found it? Lady, you turn it over to a vet, release it, or hand it over to the nice Fisheries lady. But, you don’t hold onto it for several days.

Next time, just run it over with the lawnmower and throw the bits over the fence.

Did the family make a mistake? Sure.

But I think the point is that there’s something wrong with a system that turns merely doing the wrong thing into a federal crime.

Agree with Mannie

When I was a kid, there was a saying, “Don’t make a Federal Case out of it.” It seems it was prophetic.

The problem is that we apparently aren’t allowed to deal with stuff like this unless there’s an actual law for it. We can’t prosecute the guy trapping endangered birds and sending them to a taxidermist unless there’s a law saying that you aren’t allowed to do that…why is that? How has our society become so addicted to legalism and procedure?

The problem here is the dip **** wildlife officer in the store. Instead of gently talking with the family, the idiot pulls out the (metaphorical) hammer and strikes.

Speaking with the kid / family it would have been apparent that there was no ill intent (compared to someone who had killed the bird and had it stuffed) and a gentle admonishment that the bird should be released ASAP would have sufficed.

What ever happened to the precept of Mens Rea?
Actus non facit reum nisi mens sit rea.
“the act does not make a person guilty unless the mind be also guilty”