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View Full Version : Current Proposal To Outlaw Nanday Conures In Pennsylvania


Dot
01-12-2008, 10:02 PM
Anyone here from Pennsylvania? You are needed. First Nanday conures, then other exotic birds.

There is also a link for you to use to write them. Please take the time to express your views. http://www.pgc.state.pa.us/pgc/cwp/view.asp?a=481&q=153205

Also, never forget that the AR folks are behind all of this legislation.

LEGISLATIVE ALERT - HEARING 1/27/08

THE ISSUE - CURRENT PROPOSAL TO OUTLAW NANDAY CONURES IN PENNSYLVANIA:

Hearing will be held 1/27/08 - 1/29/08
Pennsylvania Game Commission Headquarters
2001 Elmerton Avenue
Harrisburg, PA 17110-9797
(717) 787-4250
pgccomments@state.pa.us

There is a proposal presently pending before the Pennsylvania Game Commission to outlaw the possession of the Nanday conure. If passed, this law will not "grandfather" any Nandays currently kept as pets. The birds will become illegal. They will be subject to confiscation to be destroyed as pests. Quakers already are illegal in Pennsylvania.

A link to the PA Code section that they propose to amend is at the bottom of this alert.

This proposal which is now before the Game Commission seeks to amend PA law to prohibit the "importation, possession, sale, and release" of Nanday conures in Pennsylvania "in response to human health/safety and wildlife habitat health purposes". Monk (Quaker) parakeets are already prohibited. There is no "grandfather" clause in this proposal - that generally means that Nandays already in PA would also become illegal and subject to confiscation and euthanasia as pests if this proposal becomes law.




ACTION TO BE TAKEN:

The Game Commission office will accept public comments at their meeting which starts on Sunday January 27th and carries through to January 28 and 29. A link to the Agenda for that meeting is at the end of this email.

If you oppose the current proposal in Pennsylvania you need to ACT NOW to defeat this proposal.

The Executive Director and staff of the Game Commission "recommend the Commission approve these changes". Given that recommendation, unless voters in PA step up at this meeting to oppose this proposal, it will probably pass. Your "job" is to let your government know what you want. Once a law such as this is enacted it is almost impossible to get it repealed. Now it the time to act.


You (and any other bird folks you can round up) can appear at the Game Commission meeting to present comments in opposition to the proposal - preferably on Sunday the 27th so that you are sure to be given time to speak - but they may delay you to the 28th or 29th, so be prepared for that. Be prepared to submit your comments in writing as well as orally, in case you don't get the chance to speak. Try to keep your written comments to one page.

Keep in mind these officials are just people doing a job. Don't be afraid to appear at the meeting and testify. Address them politely, as human beings, and you should be able to make your points.


Generally people are given a few minutes, maybe 5 max, to make their points. Each speaker should be prepared ahead of time, with a short, focused, businesslike presentation, which they can read aloud. Be sure the presentations focus on the following two points (once you make those points you can let them know you are a human who owns and loves her pet birds, but that shouldn't be the main focus).

The two points the Game Commission will be focusing on are the claims that Nandays threaten human health and safety and wildlife habitat. You need to be prepared to negate both of those claims. Keep in mind, if Nandays can now be claimed to be a threat to human health and safety, any parrot or other bird can be added later. Same for the wildlife habitat health claim. Do your homework and prepare yourself with documentation to counter at least these two claims.

Be sure those who testify for your position are well dressed and act professionally - I can assure you that the proponents of this bill will not be appearing in T shirts. Do not go into "I love my pet and this law isn't fair for my pets......" The Game Commission is not concerned with our love of our pets - they are charged with the responsibility of protecting the wildlife of PA, and unless you can rationally argue that Nandays don't threaten human health and safety or wildlife habitat in PA, this law is likely to pass.

Written supporting documentation from the proponents which shows that Nandays threaten human health and safety or wildlife habitat in PA (if in fact they have any, other than their claims) was not available when I inquired. You can ask for a copy of their documentation at the hearing so that you can be given time to read, evaluate, and respond to it. Ask the Commission to give you a copy or that they mail it to you so that you will have time to address their claims. Ask the Commission not to adopt the proposal at this meeting, or at least to delay any vote to a future meeting to give you and other opponents of the proposal time to read and respond to any of the Commission's materials that support their proposal. Remember, this bill has to be voted on by the Game Commission if it is to become law, and a vote delayed is a vote not taken.

I would expect the "human health and safety" claims to include claims that Nandays transmit psittacosis (chlamydia) and bird flu, and perhaps Exotic Newcastles Disease (END). Be prepared for those claims. Psittacosis, while transmissible to humans from birds, is treatable with antibiotics both for birds and humans, and is not usually life threatening. Parrots have not been shown to transmit bird flu, and the dreaded "worldwide pandemic of bird flu" has not come to pass - in the 10 years or so it has been circulating in Southeast Asia only about 100 people have died - that is not a worldwide pandemic. While parrots, like many other species of birds, can catch END (usually from infected poultry), there is no scientific data published that shows that parrots have been the source of any END outbreak in the United States.

You have a job to do (protecting Nandays in PA) and I assume you can do it. Get others to go with you, and if you present a united front, you may be able to stop this proposal.

For those who can appear and testify - do so.

For those who can't appear, submit written comments before 1/27/08.


SUPPORTING LINKS AND DOCUMENTS:

Existing Pennsylvania Code this proposal would amend: (monk parakeets already prohibited)
See - Section 58 - Recreation, Part III - Game Commission, Chapter 137
http://www.pacode.com/secure/browse.asp


The Agenda for the 1/27 - 1/29 meeting is at this link:
http://www.pgc.state.pa.us/pgc/cwp/view.asp?a=481&q=163334

The contact information for the Game Commission is
http://www.pgc.state.pa.us/pgc/cwp/view.asp?a=481&q=153205


I have written the lady who posted this on another list to as permission to post her name. I am sure it is ok, but I will wait until I hear from her. The note she added says contact her if you have any questions.

Larry, Baby and Me
01-12-2008, 10:22 PM
So - here is the viscious culpret that the great state of Penna - my home state - want to put to death... gas them.

http://www.nanday.com/galleries/

Where will it all end with the AR nuts?

TikiTalks
01-12-2008, 10:27 PM
So - here is the viscious culpret that the great state of Penna - my home state - want to put to death... gas them.

http://www.nanday.com/galleries/

Where will it all end with the AR nuts?
certainly they are the most vicious of creatures

-sneer-

i'll be writing these individuals

Patty, Linus and Co.
01-12-2008, 11:26 PM
Well...my quaker actually IS a pest. lol (I love him anyways)

Dot
01-12-2008, 11:33 PM
So - here is the viscious culpret that the great state of Penna - my home state - want to put to death... gas them.

http://www.nanday.com/galleries/

Where will it all end with the AR nuts?

Larry, do you have friends or relatives that can attend the meeting?

Larry, Baby and Me
01-12-2008, 11:39 PM
All dead --- but let's do what the politicians do... Hmmm??? :D

Dot
01-15-2008, 12:40 AM
http://secondchancebirds.net/forum/viewtopic.php?t=4753&start=0&postdays=0&postorder=asc&highlight=&sid=c5ad357ddb7617cf9df3fabd3b83766e

bonnie
01-15-2008, 01:04 AM
It always amazes me. The things people will do to keep others from enjoying pets. It's sad really. But they won't do much to help keep the animals that are mistreated from harms way. Even if ther's a grandfather clause, let's just keep someone who's had their beloved bird for years and years from moving into the state with it. That's a great idea.

Birdlover
01-15-2008, 11:02 PM
First our birds, then our dogs, cats, horses, etc. What'll be next, how many kids we can have?

EasySpirit
01-15-2008, 11:35 PM
First our birds, then our dogs, cats, horses, etc. What'll be next, how many kids we can have?


Nope, kids will not be allowed due to the risk of passing disease such as RSV, chicken pox, measles to those who are immune supressed which can lead to death. They also place a strain on society resources with having to provide education which some are not appreciative of and ending up in a sanctuary (jail) (service). But this would never happen as the policiticans would no longer have anyone to support them or their ludicrous bills or they will not have anyone to exhert their control over. Gov't has been known to go a bit too far. Are skunks outlawed in Pa as they are a popular pet and can spread disease....and what about pet rats (had them, one of the cleanest pets I ever had) but they have been known to pass disease also.

I need to get some rest. Night

too&me
01-16-2008, 12:57 PM
I think we need the most protection from ourselves once we become beaurocrats. That special need to feel important & save your job by making a dangerous issue out of your imagination & then provide the means to solve this harrowing problem. How stupid! How human to jump on that band wagon with out thinking for ones own self.:firemad:

birdie
01-16-2008, 02:41 PM
would you just look at this vicious creature... the only thing she hurts is my ears. She just sits there on her cage and is the best bird I have! She doesn't get into anything! Gives me kisses, laughs at me and hiccups. :rofl: One day I had the hiccups while she was sitting in my shoulder and now she mimicks them.

Dot
01-16-2008, 07:56 PM
Cross posting permitted - you may share this information with interested parties and post it to online lists.

I have been informed that there are some people circulating the email quoted below, and that they are incorrectly advising people not to worry about the presently pending proposal to ban possession of Nandays in Pennsylvania.


Unfortunately the quoted, "PGC Jason Decosky, head of Special Permits and Wildlife Conservation in the Harrisburg (main) office of the PA Game Commission", or any other employee of the Pennsylvania government, does not have the authority to violate Pennsylvania law as set forth in the Pennsylvania Code. Government employees are required to obey the law as it is written.

The fact is there is no grandfather clause in the pending proposal (which is a proposal to amend
existing Pennsylvania Code Title 58 (Recreation), Part III (Game Commission), Chapter 137 (Wildlife), subsection 137.1 (importation, sale, and release of certain wildlife) ). The existing Pennsylvania Code can be read at:
http://www.pacode.com/secure/browse.asp

The proposed amendment can be read at (starting on page 42 of the PDF file)
http://www.pgc.state.pa.us/pgc/cwp/view.asp?a=481&q=163334


If the drafters of this amendment (presently before the Game Commission) wanted a grandfather clause they could have easily included one in the pending proposal to change the Pennsylvania Code. They could also present a proposed regulation specifically grandfathering existing Nandays in Pennsylvania from the requirements of this new Code section prohibiting the "possession" of Nandays. They have done neither.

The assurances of individual game commission staff members, or any other state employees, while perhaps well-intentioned, are not the law. The language of the law and related regulations will control, and as the proposal is now worded, it will be illegal for anyone to possess Nandays without a permit (which is not available to pet owners).

In fact, the word "possession" does not now appear in the existing Pennsylvania Code section noted, and the word "possession" is specifically being inserted by this proposal into the existing law (in addition to adding Nandays to the section that previously only banned Quakers).

A reasonable person has to ask why would the Game Commission, or anyone else, go to the trouble of amending the law in question to specifically outlaw "possession" with no grandfather clause if that was not exactly what they had in mind?

-----------------
Grandfathering claim being circulated:

"There has been much panic associated with the proposed regulation banning Nanday Conures in Pennsylvania. Petitions are circulating stating that none will be grandfathered and pets will be confiscated. This is a rumor that IS NOT TRUE!.

I contacted PGC Jason Decosky, head of Special Permits and Wildlife Conservation in the Harrisburg (main) office of the PA Game Commission and this is his reply to my inquiry regarding grandfathering:

Peggy,

The intent of this regulation was to prevent, by regulation, the importation of Nanday Conures into the Commonwealth. The PGC has done this with other species and through agency procedures grandfathered all existing animals in the Commonwealth as long as they had documentation that that animal was pre-act. The agency is not interested in existing Nandays, however in the interest of our native wildlife; we do not to allow the importation of more Nandays. A good example would be the Quaker or Monk Parakeet. The regulations did not spell out a grandfather clause but a internal letter stated that there was one. I hope this helps you out. I will be out of the office all week and will be back in on the 24th. Thanks Peggy!

Jason"


Genny


The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness. They recognized the significance of man's spiritual nature, of his feelings and of his intellect. They knew that only a part of the pain, pleasure and satisfactions of life are to be found in material things. They sought to protect Americans in their beliefs, their thoughts, their emotions and their sensations. They conferred, as against the government, the right to be let alone - the most comprehensive of rights and the right most valued by civilized men. To protect that right, every unjustifiable intrusion by the government upon the privacy of the individual, whatever the means employed, must be deemed a violation of the Fourth Amendment. And the use, as evidence in a criminal proceeding, of facts ascertained by such intrusion must be deemed a violation of the Fifth.
--Justice Louis Brandeis OLMSTEAD v. U.S., 277 U.S. 438 (1928)