Subject: Violation of Migratory Bird Treaty Act of 1918 (16 U.S.C. 703-712; Ch. 128; July 13, 1918; 40 Stat. 755)

Approximately 200 Red-winged Blackbirds were found dead in the city of Beebe, Arkansas (USA) following the New Year's holiday in 2012.

The Migratory Species Act protects various native species of birds but states and localities are permitted to make specific exceptions for agricultural control regarding certain species, such as the Red-winged Blackbird.

The exceptions, as enforceable by states and the USFWS, state these birds may be killed only if the following conditions are met:

1) The birds must be on a private property and being controlled only by that property owner, and

2) Must be actively engaged in significant crop or ornamental plant/animal depredation

The birds are otherwise protected and cannot be killed or controlled for any other reason(s) by any other manner. Death by firecracker is outside the provisions of the Act or its exceptions.  It also means that destruction of wildlife purely for malicious motives and not for protection of crops or other vegetation clearly constitutes animal cruelty, and should be subject to all state and city animal cruelty laws.

According to information provided by the Beebe police department and the AGF to the public:

1) The killing occurred at night, when the birds were not active. This constitutes a violation of the law as no one can determine whether this particular flock of birds had been destroying plants earlier in the day.

2) The birds were killed by scaring them to death, literally, by use of firecrackers. This is not an accepted, regular, normal procedure, and therefore constitutes wildlife harassment/unsanctioned, intentional slaughter and no longer meets the standard for "wildlife control," and is now instead wildlife persecution which is in clear violation of the Act.

3) It is not clear that the location of the trees where the firecrackers were discharged were on private land, or that the perpetrators had the permission of a private or public land owner. This constitutes a violation of the Act and local state and county trespassing ordinances and should be investigated immediately.

For more public information on the incident, see here: http://planetark.org/wen/64309

We, the Undersigned, are therefore requesting the following:

1) The US Fish & Wildlife Service immediately investigate these incidents to determine if the Migratory Species Act was violated and pursue prosecution of those responsible.

2) The Arkansas Game and Fish Commission investigate this incident and pursue prosecution against those responsible, and protect the remaining wild birds in the area.

3) The City of Beebe Police Department does its utmost to determine who was responsible for the intentional, non-crop/ornamental control killing of the birds and make arrests and/or issue citations accordingly.

This unmitigated violence and aggression towards native, wild species is not acceptable. Ambushing bird life with the use of firecrackers to scare the birds to death is no different from beating a dog or cat to death as it demonstrates thrill-seeking from the victimization of animals and is a warning sign of anti-social and psychopathic tendencies.

Investigate now, and punish those responsible for the senseless deaths of wildlife.