A Usenet persona calling itself Todd Bradley wrote:

John Fereira wrote:
That's really the issue here. Protecting an eagles nest isn't under the
jurisdiction of the general public.

He's wrong, as we will see below...


Maybe he could make a citizen's arrest! Assuming such things really
exist other than in TV shows.

Oh, "citizen's arrest" most certainly exists. It's an actual, factual
Colorado statute:

C.R.S. 16-3-201. Arrest by a private person.

A person who is not a peace officer may arrest another person when any crime
has been or is being committed by the arrested person in the presence of the
person making the arrest.

State law also gives *exactly* the same authority to a citizen as it does to
a police officer to use reasonable and appropriate physical force to effect
such an arrest.

C.R.S. 18-1-104. "Offense" defined - offenses classified - common-law crimes
abolished.

(1) The terms "offense" and "crime" are synonymous and mean a violation of, or
conduct defined by, any state statute for which a fine or imprisonment may be
imposed.

(2) Each offense falls into one of eleven classes. There are six classes of
felonies as defined in section 18-1.3-401, three classes of misdemeanors as
defined in section 18-1.3-501, and two classes of petty offenses as defined in
section 18-1.3-503."

C.R.S. 33-2-105. Endangered or threatened species.

(4) Except as otherwise provided in this article, it is unlawful for any
person to take, possess, transport, export, process, sell or offer for sale,
or ship and for any common or contract carrier to knowingly transport or
receive for shipment any species or subspecies of wildlife appearing on the
list of wildlife indigenous to this state determined to be threatened within
the state pursuant to subsection (1) of this section.

C.R.S. 33-6-109. Wildlife - illegal possession.

(1) It is unlawful for any person to hunt, take, or have in such person's
possession any wildlife that is the property of this state as provided in
section 33-1-101, except as permitted by articles 1 to 6 of this title or by
rule or regulation of the commission.
(2) It is unlawful for any person to have in his possession in Colorado any
wildlife, as defined by the state or country of origin, that was acquired,
taken, or transported from such state or country in violation of the laws or
regulations thereof.
(2.5) This section does not apply to the illegal possession of live native or
nonnative fish or viable gametes (eggs or sperm) which is governed by section
33-6-114.5.
(3) Any person who violates subsection (1) or (2) of this section is guilty of
a misdemeanor and, depending upon the wildlife involved, shall be punished
upon conviction by a fine or imprisonment, or both, and license suspension
points or suspension or revocation of license privileges as follows:
(a) For each animal listed as endangered or threatened, a fine of not less
than two thousand dollars and not more than one hundred thousand dollars, or
by imprisonment for not more than one year in the county jail, or by both such
fine and such imprisonment, and an assessment of twenty points. Upon
conviction, the commission may suspend any or all license privileges of the
person for a period of from one year to life.
(b) For each golden eagle, rocky mountain goat, desert bighorn sheep, American
peregrine falcon, or rocky mountain bighorn sheep, a fine of not less than one
thousand dollars and not more than one hundred thousand dollars, or by
imprisonment for not more than one year in the county jail, or both such fine
and such imprisonment, and an assessment of twenty points. Upon conviction,
the commission may suspend any or all license privileges of the person for a
period of from one year to life.

Bald Eagles are a state-listed threatened species.
See: http://wildlife.state.co.us/species_cons/list.asp

According the the ranger I talked to, the definition of "take" used in the
Colorado statute is congruent with the definition of "take" used in the
federal law. I'm confirming this with the Colorado Division of Wildlife and
will correct this statement if necessary. I should know tomorrow, but I
doubt I'm wrong.

Thus, federal law aside, it is also a crime under Colorado law to "molest or
disturb" a nesting eagle (or any eagle for that matter, as the federal law
doesn't specify that they have to be nesting), and any private person who
observes such a crime has full legal authority to arrest the person or
persons involved.

And yes, I can (and have) made "citizen's" arrests, and may do so in the
future should the circumstances call for it, though I always try to get the
Sheriff involved before resorting to citizen's arrest. Sometimes, however,
deputies can't respond in time, or the situation is volatile or dangerous
enough that it can't wait and I may have to take action.

The penalties under state law for "taking" a bald eagle range from $2000 to
$100,000 and not more than one year in the county jail, plus revocation of
hunting license privileges from one year to life.

Is it worth the risk for an afternoon's flat water float? You'd have to be
crazy to say yes.

This all got me to thinking of paddling down the South Platte this past
summer. We passed with 50 yards of probably a dozen trees with bald
eagles. There was one fallen tree in the river that I paddled by and
then all-of-a-sudden out of the corner of my eye realized there was a
huge bald eagle sitting on it watching me go past. It was close enough
to touch with my paddle (not that I'd do such a thing) and really
shocked me. I was afraid it might reach over and peck a hole in my duckie.

Good thing you didn't "molest or disturb" it...in which case a hole in your
duckie would be the least of your worries.

--
Regards,
Scott Weiser

"I love the Internet, I no longer have to depend on
friends, family and co-workers, I can annoy people WORLDWIDE!" TM

© 2005 Scott Weiser