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EVERGLADES NATIONAL PARK
Successful Migratory Bird Treaty Act Investigation

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In 2004, rangers in the East Everglades Subdistrict began an investigation and developed intelligence which lead to the uncovering of a large scale market of persons and businesses involved in the trapping and sale of protected migratory bird species.
The investigation began when rangers monitoring websites on the internet discovered that bird traps were being placed in the park. The traps were found to contain painted buntings and indigo buntings.
Rangers and state officers from the Florida Fish and Wildlife Conservation Commission subsequently conducted surveillance operations and followed the people who retrieved the traps and birds to a residence in a North Miami area called Hialeah. Once at this residence, they stopped, detained, interrogated, seized evidence from and cited several people for Migratory Bird Treaty Act (MBTA) violations.
Further information was gained by state and federal USFWS agents who continued the investigation and uncovered a large marketing site in Hialeah. Additional observations by field biologists with the U.S. Geological Survey conducting research in South Florida revealed that many of the protected migratory birds were being sold illegally in pet stores and informal flea markets around Miami. Six defendants, all residents of the Miami-Hialeah area, unlawfully sold and offered for sale indigo and painted buntings (Passerina cyanea and Passerina ciris), blue grosbeaks (Guiraca caerulea), and northern cardinals (Cardinalis cardinals) during the period from October 24, 2004 through July 11, 2005 in violation of 16 USC 703 and 707.
The defendants conducted regular sales almost every Sunday, for many months in the parking lot of a business in Hialeah. Undercover officers made direct purchases of birds from the various defendants over the course of the investigation. The informal bird market, often attended by 50 to 100 people, relocated to a local municipal park area during the undercover investigation. Over the course of the operation, officers were illegally sold over 250 protected migratory birds and were offered in excess of 3,500 birds by the illegal dealers. The investigation also led to charges and convictions against three pet store operators for possessing the same protected species in their stores.
Under federal law, the Secretary of the Department of Interior maintains a list of highly migratory birds that are protected from, among other things, capture, barter, sale, or transport. The purpose of the federal law, which is almost 90 years old, is to protect species of birds which, because of their migratory behavior, may be subjected to such severe hunting and other “take” activity over their range that the species may suffer extirpation or extinction.
Research conducted over a 30 year period has shown that populations of at least one of the protected species involved in these cases – the painted bunting (Passerina ciris) – have declined over 50% throughout their migratory range.
Further information regarding these species, including photographs and research information, may be found at http://www.mbr-pwrc.usgs.gov/id/framlst/infocenter.html. A copy of all press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at www.usdoj.gov/usao/fls.
Contact Information
Name: David Pharo, Park Ranger
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