Iowa Is Trying to Criminalize ‘Bird Harassment’
- Posted on April 30, 2012 at 6:00pm by
Mytheos Holt
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IOWA CITY, Iowa (AP/The Blaze) — Prosecutors hope to use a rarely enforced federal law to punish two Iowa pilots whose low flying disturbed thousands of resting migratory birds in a case that centers on this question: Is it a crime to harass animals?
In a case drawing attention from bird lovers, two Des Moines men have been charged with violating a federal law that prohibits using aircraft to harass animals. A judge is expected to decide soon whether the Airborne Hunting Act is constitutional. Attorneys for the two men, Paul Austin and Craig Martin, say it’s not.
Among the questions being debated: Are birds capable of feeling harassment? And if harassing birds is a crime, wouldn’t Capt. Chesley “Sully” Sullenberger have violated the law when he accidentally struck a flock of geese before famously landing his plane safely on the Hudson River?
Both sides agree Austin and Martin were flying low on Nov. 16 as they passed over Saylorville Lake, a reservoir north of Des Moines known for birdwatching. Tens of thousands of pelicans, ducks, geese and other birds stop there every fall to rest and feed before continuing south.
A natural resources specialist for the U.S. Army Corps of Engineers, which manages the lake, saw the two planes pass about 20 feet above the water, disrupting thousands of white pelicans and other birds. Once the birds settled on another part of the lake, the planes passed by again, sending them back into flight, prosecutors said.
Natural resources specialist Jonathan Wuebker snapped photographs and eventually cited Austin and Martin for flying “in a careless, negligent or reckless manner” over protected land.
Then in February, a grand jury indicted the men on charges of violating the Airborne Hunting Act, which carries up to one year in jail. Prosecutors also aim to seize their small planes — a 1974 Magnus Bowers Fly Baby and a 1946 Aeronca.
Prosecutors say the law applies even though the pilots weren’t hunting because its ban on harassment makes it a crime “to disturb, worry, molest, rally, concentrate, harry, chase, drive, herd, or torment” animals with a plane. Wuebker compared it to using a car to chase deer through a field.
“When it is intentional or blatantly obvious, I would definitely consider that harassment. But that’s not my decision,” he said, noting trial is scheduled for May 30.
Austin and Martin have asked a judge to dismiss the case, arguing the law is unconstitutionally vague. In a court filing, defense attorneys said it “seems doubtful” that animals experience the kind of human emotional response necessary to feel harassed. And how can pilots know?
“Flying is what birds do. Who can say if the bird is pleased or annoyed to have taken flight? Indeed, who can say whether the bird’s flight was the result of any cognition and not just impulse?” they asked.
Austin’s attorney, William Ortman, said Monday that the law doesn’t draw a clear line between legal and illegal behavior.
In court documents, defense attorneys noted that planes routinely strike birds on accident. They cited the 2009 incident in which Sullenberger successfully ditched US Airways Flight 1549 in the Hudson River after a flock of geese hit it following takeoff. Under the government’s theory, they argued, Sullenberger “likely ‘harassed’ the flock of birds that downed his plane, and he probably ‘harassed’ fish when he arrived in the Hudson.”
Martin’s attorney and a spokesman for the prosecution did not immediately return phone messages.
In a filing last week, assistant U.S. Attorney Cliff Wendel rejected the idea that Congress meant to punish pilots for something “so common and unavoidable” as bird strikes. But he said reasonable pilots know that flying planes at a low altitude above thousands of resting birds would be considered harassment. It’s like one famous legal definition of pornography, he said: you know it when you see it.
People know when they’re harassing someone, “whether it’s an older brother picking on his little sister; a baseball pitcher intending to hit the batter; or two pilots, flying their airplanes 20 feet above the ground, while making two passes that both times cause 6,000 migratory birds to flee from their resting place,” Wendel wrote. Robert Johns, a spokesman for the American Bird Conservancy, said Saylorville Lake was an important resting spot for migrating white pelicans and “this sort of behavior should not be tolerated.”
“The pilots in this case showed a callous disregard for the birds, the natural environment, and anyone who might have been peacefully enjoying them,” he said.
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Comments (80)
hpyagl
Posted on April 30, 2012 at 7:09pmHaving a pilots license carries with it the responsibility to use your brain. These two idiots make life hard for the rest of us who happen to have private pilots certificates and try to follow the law. 20 ft above the ground while stirring up large amounts of birds is not wise for the birds or the pilots. Both the aircraft listed here are cloth and tube construction. People doing stuff like this usually don’t live long lives.
Report Post »HorseCrazy
Posted on April 30, 2012 at 7:19pmthat was my thought about not wise for the pilots either what were they thinking
Report Post »nzkiwi
Posted on May 1, 2012 at 3:45amThat’s what I was thinking, too.
One pass might have been arguable, but going back for a second pass is stupid and dangerous.
It’s pretty clear what was on their minds at the time, and their moment of fun may well lead to a new law or two that will impact on all sensible US pilots.
Well done, idiots.
Report Post »Watchingtheweasels
Posted on May 1, 2012 at 8:08amIn the US, Part 91 (specifically 91.119[4]) of the Federal Aviation Regulations controls the minimum safe altitudes by which aircraft can be operated in the National Airspace System[5].
500 ft rule An aircraft must maintain an altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.
1000 ft rule An aircraft must maintain an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft over any congested area of a city, town, or settlement, or over any open air assembly of persons.
If you pull up the mapquest map of Des Moines and see the lake just north of town, that’s Saylorville Lake. Clearly, the two in question were in violation of this. Yank their licenses and call it good.
Report Post »Jennifer Flowers
Posted on May 1, 2012 at 9:17amI totally agree with you…… In one sense……. 1000 feet above, 2000 feet away in congested areas, and 500 feet above in non populated areas……. These pilots broke FAA regs, and should be punished as such……. But in another sense, see the big picture…… Taking away our mobility one step at a time…. They already went after the comercial traffic, with the TSA…. No they are going after private aviation.
http://facebook.com/JenniferFlowersLibertarian
Report Post »robtech34
Posted on May 1, 2012 at 9:36amReally? Get a life.
Report Post »Fubared
Posted on May 1, 2012 at 12:08pmWhile I agree about not molesting critters…Any wild life photog or videographer has done the exact same thing these two toads did-to get you those glossy pics in Nat Geo. Nobody bugs the tree hugging granola Birkenstock wearing schmucks for stirring up critters for your entertainment. Nice that the Fed wants to sieze the planes to resell. So many issues, and we need to make and example of two morons, when the media does the exact same thing for pretty pics. Whatever. Hang em, sell the planes to a cartel and by all means put another 1000 laws on the books so everyone can feel better about themselves. BS all around.
Report Post »Hawker421
Posted on May 1, 2012 at 10:13pmWatchingtheweasels before you go quoting the FARs look at the exception to the 500′ rule. except over open water or sparsely populated areas….. It appears to me that the story says they flew 20′ off the water. How exactly is that in violation of the FAR????? Was it smart? Maybe not. But it is legal.
Report Post »progressiveslayer
Posted on April 30, 2012 at 7:06pmCentral planners always fail look at the old Soviet Union,and our government is central planning us into a depression,an idiotic energy policy forcing businesses overseas with draconian regulations and high taxes the list goes on and on with the Marxist regime.
Report Post »The-Monk
Posted on April 30, 2012 at 7:01pmSounds like they were trying to commit suicide. Now what do we do with people who try to commit suicide. Mental ward?
Report Post »The-Monk
Posted on April 30, 2012 at 6:57pmArrest the guy named Wind Mill. I hear he kills birds by the thousands. He‘s easy to catch since he can’t run very fast.
Report Post »yougottabekidding
Posted on April 30, 2012 at 7:30pmThat is only a crime if one bird dies in a pond at a drill site!
Report Post »Dave.the.Blaze
Posted on April 30, 2012 at 6:51pmIt sounds like what these two idgits did was wrong. And they did it twice. There is nothing macho or laudable in harassing animals in that way. It doesn’t sound like an accident.
Report Post »Dougral Supports Israel
Posted on April 30, 2012 at 7:02pmWhat happened after the planes few away? My guess is the birds returned to their resting place and their rest. Being creatures of limited cognition they likely quickly forgot their “harassment” and life was exactly what it was before.
Report Post »welovetheUSA
Posted on April 30, 2012 at 6:49pmThe people in Iowa need to stop all this bull……………now
Report Post »lukerw
Posted on April 30, 2012 at 7:46pmWTF happened to Iowa?
Report Post »4xeverything
Posted on April 30, 2012 at 8:46pmNext thing you know, my husband and son won’t be able to play baseball in the backyard because we live 1/2 of a mile from a tiny lake where geese rest before they head back north in the spring.And, what about all of the “harassing” noise made by lawnmowers.
Report Post »Smokey_Bojangles
Posted on April 30, 2012 at 6:41pmSO Much For trimming trees.
Report Post »MammalOne
Posted on April 30, 2012 at 6:39pmwhat kind of f’ing moron goes around harassing birds?
Report Post »Fubared
Posted on April 30, 2012 at 6:46pmThe One in AF One for starters.
Report Post »Mark0331
Posted on April 30, 2012 at 6:58pm…The same people who knowingly push for and build wind farms which kill many, many birds….
Report Post »DARlady
Posted on April 30, 2012 at 6:39pmO.k., so with all the wind turbines killing birds ( this is factual, not my opinion) is that bird harrassment?
Report Post »possom
Posted on April 30, 2012 at 6:34pmSo doe’s this mean that anyone with a wind turbine is guilty of bird genocide?
Report Post »KickinBack
Posted on April 30, 2012 at 6:32pmOn the contrary, since (according to liberals) we are all co-inhabitants of the Earth, and animals should have “human rights” I say fine the birds and ground them for flying without a license. It’s only fair after all.
Report Post »Chromo200
Posted on April 30, 2012 at 6:30pmCome on people these two deliberately buzzed the birds. I agree with the wind farms arguments about interfering with the birds .. they maybe pretty seeing them in the farm field, etc etc. But they are a problem .. Buzzing the birds on purpose is something else.
KickinBack .. The skunk wondered unto your property, and the dog has a right to chase the skunk, but if you take the dog to the lake and purposefully have him chase the animals just for fun, that I think is wrong. Before I get slammed, I think proper hunting techniques and times is OK.
Report Post »Anse
Posted on April 30, 2012 at 6:28pmDisgusting…. this has gone too far……. Obama…… where are the Christians……..wake up America
Report Post »RamonPreston
Posted on April 30, 2012 at 6:34pmNot until it will be too late…
Report Post »Anse
Posted on April 30, 2012 at 10:32pmAmen… so true…. Obama…… birth certificate….. America…… too late…… war on Christianity……. when will we rise up……. disgusting….. not my president…..
Report Post »TRILO
Posted on April 30, 2012 at 6:24pmWhat a bunch of bird brains on both sides of the issue. Give them a citation with a hefty fine and move on. Do it again, lose your pilots license. Prosecution – jail time & seizure of their private property Really? This is just another example of our out of control government that is trying to make everything Americans do a federal crime.
We are now living in a communist/facist state.
Report Post »kindling
Posted on April 30, 2012 at 6:23pmWhat a stupid debate. ” Are birds capable of feeling harassment?” Of course animals can feel harassed! That is why they attack sometimes. I once picked up a large snall and gently poked it with a blade of grass. I did not harm it libs. But I did manage to make it mad enough that it bit the little piece of grass quite savagely. I sure hope they don’t make that illegal.
Report Post »quiltgal
Posted on April 30, 2012 at 6:22pmThere’s no excuse for needlessly, cruelly harassing wildlife. Looks like the case here. I support severe penalties for it.
Report Post »RamonPreston
Posted on April 30, 2012 at 6:33pmWait until they make some stupid law and come take everything of yours for violating it. (Like refusing to get a microchip implanted in your body or a tattoo on your body.) Our government is totally corrupt all the way up to Obama.
Report Post »Fubared
Posted on April 30, 2012 at 6:37pmUm, while I agree with you, photogs from NGO and every other critter friendly magazine or tele show do the exact same thing these two yahoos did for photos and videos to sell to you and me. Art and all. If they were trying to chop them up in the props, sure, sieze their planes. If they were just screwing around and no harm no foul, well, make sure they start fining all the earthy/critter shows too-whale wars whores whales and probably infringes on their freedom from persecution and molestation by humans with really bad gingivitis.
Report Post »geonj
Posted on April 30, 2012 at 6:20pmiowa is just wasting state taxpayers’ money.
Report Post »tbo
Posted on April 30, 2012 at 6:19pmThe birds were not feeling harassed
Report Post »They were just Angry Birds. They will get even.
trueamerican40
Posted on April 30, 2012 at 6:18pmWhat’s next–criminalizing our thoughts? Put the pens down politicians. They are like arsonists with matches.
Report Post »brother_ed
Posted on April 30, 2012 at 6:15pmIf this is an intentional act, then those men are ignorant…though maybe not criminal.
We need to recognize the difference between an accidental event and a mean-spirited actual event.
Is it ok to continually have a fire drill in a maternity ward?
I know that birds aren’t people, but we should have respect for all of Heavenly Father’s creations.
I’m no tree-hugger, but stupid is stupid.
Report Post »Deborah
Posted on May 1, 2012 at 5:41amThank you, Brother_Ed!! Thank God for your common sense. Liberals have none. They make no distinction between intentions and side effects. I found this out several years ago in a liberal work environment. I cracked a joke in the workplace and got written up for it. (The “offendee”, BTW, was extremely liberal and thin-skinned.) I regret to this day NOT appealing to the director of human resources to write out a comprehensive list of things I should not say or do in order to avoid “offending” anyone. Gee, I wonder what that list would have looked like.
Report Post »team1blazer
Posted on April 30, 2012 at 6:15pmOK, so they harrassed some birds. BFD. Fine them $50 each and move on. Quit wasting my taxpayer dollars. I’ve been harrassed more by incompetent government beauracrats TODAY!
Report Post »RamonPreston
Posted on April 30, 2012 at 6:36pmThere is no law against harassing taxpapayers…just birds. Duh!!!
Report Post »gretsch62
Posted on April 30, 2012 at 6:10pmAnd It figures since Iowa carried Obama in the last election. They should all be caned!
Report Post »kaydeebeau
Posted on April 30, 2012 at 6:18pmSo there aren’t any wind turbines in Iowa? Has this same group looked at the number of bird and bat deaths in close proximity to those turbines? Of course not….
Report Post »AJAYW
Posted on April 30, 2012 at 6:08pmGuess they had better start knocking down their wind farms, they kill a he** of a lot of birds
Report Post »KickinBack
Posted on April 30, 2012 at 6:06pmA couple of times I had to chase skunk out my dog’s yard (to protect the skunk of course, my dog‘s a liberal and doesn’t like anything) so is that harassment?
Report Post »Fubared
Posted on April 30, 2012 at 6:24pmBathe skunk, eat dog. New rules to live by from the radicals.
Report Post »South Philly Boy
Posted on April 30, 2012 at 6:06pmYeh, someday they might return in their original form… DINOSAURS
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