While the posted answer to the law quiz is probably accurate under Texas law, before anyone decides to harm a blackbird they had better consult 16 USC 703, which broadly protects migratory birds (which include crows, see 50 CFR 10.13). While federal law allows some bird control in accordance with 16 USC 704, no state statute can relieve you from liability under the federal law (see 50 CFR 10.3), and it would not appear to me our cited statute complies with 50 CFR 20.133. Depredation and congregational gatherings just aren't enough in the eyes of the feds, with or without a permit.

What about blackbirds, Martin? Are they protected as migratory birds too?

They sure can be a pest. Moreover, I understand 4 and 20 of them, when properly baked in a pie, are a dainty dish fit to set before a king.

Grackels (which look something like a smaller Blackbird) are possibly the most aggravating bird outside of Starlings--congregate in huge numbers in trees and make A LOT of noise and mess. They are--unfortunately--protected as a migratory species, although the ones that hang around the Austin area don't seem to bother doing it.

But the difference between Grackels (sp?) and Blackbirds is that one of them had a pretty cool tune written about them -- of course, sparrows from a temperate zone as opposed to a tropical zone, especially those transporting coconuts, are probably best served by the migratory bird laws.

With knowledge like that, A.P., you could soon be king. But that would bring you back to the 4 and 20 blackbirds problem.

Here's a recipe for black bird pie: www.ces.ncsu.edu/martin/newsletters/newsarticles/wildrecipes/wgrblkbrd1.htm.
Note: this recipe call for 5 and 20 black birds, rather than the customary 4 and 20. I haven't tried this recipe yet, but it sounds delicious.

But, Terry, that takes us back to the original problem of harvesting the blackbirds. Do you have to wait 'til they die of old age, monkeypox or W. Nile virus before you can put them in a bird pot pie? Or does a chef have to order a couple dozen-plus-one of them from N. Carolina or one of those other exotic foreign countries? If so, what if you get caught with about 5 and 20 or 6 and 20 for that matter, protected birds in your freezer? It's a question definitely worth debating before the next legislature.

You are right, A.P.--if harvesting live blackbirds is a federal crime, a black bird pie could prove to be very expensive eating.

That's why I asked Martin, in my first post on this subject, if black birds are protected as migratory birds. Alas, so far Martin has been uncharacteristically quiet.

The list of migratory birds in 50 CFR 10.13 includes the following:

Blackbird:
Brewer's, Euphagus cyanocephalus
Red-winged, Agelaius phoeniceus
Rusty, Euphagus carolinus
Tawny-shouldered, Agelaius humeralis
Tricolored, Agelaius tricolor
Yellow-headed, Xanthocephalus xanthocephalus
Yellow-shouldered, Agelaius xanthomus

Crow:
American, Corvus brachyrhynchos
Fish, Corvus ossifragus
Hawaiian, Corvus hawaiiensis
Mexican, Corvus imparatus
Northwestern, Corvus caurinus
White-necked, Corvus leucognaphalus

Raven:
Chihuahuan, Corvus cryptoleucus
Common, Corvus corax

Grackle:
Quiscalus mexicanus, Great-tailed Grackle
Quiscalus major, Boat-tailed Grackle
Quiscalus quiscula, Common Grackle
Quiscalus niger, Greater Antillean Grackle

I hope this answers your question. I am not a connoisseur of blackbirds in pies or otherwise and thus have no idea which of these species one most often seeks for that purpose. Sorry Janette, I would bet this list includes most of those noisy, messy grackles seen in Austin and elsewhere. In fact, most any bird you see is likely protected by federal law, turkeys and chickens excepted.

this link might prove helpful to those wanting more info:

[URL=www.crowbusters.com]

To think, I used to have to visit tex.guns for this kind of info. Now I just log onto my friendly DA website

Well, Terry -- now you know why Martin was so quiet. Quite an impressive piece of research. I'm going to memorize that list and put it to music -- the Beatles only thought they had a corner on the blackbird song market.

Anybody know what rhymes with xanthocephalus? I've tried the common pronunciation, but I only come up with trite, insincere colloquials -- I really wanted this to be a passionate piece.

How about hydrocephalus?

Well, call me untalented, Don, but I can't make hydro and xanthro rhyme, man.

I've heard this explanation from a blackbird website:

Back in days of old, little clay whistles were baked into the pastry on the top of pies. These whistles were shaped like the heads of blackbirds with the beak wide open. The theory was that when the pie was cut, and the crust was broken, the cold air outside would meet the hot contents inside creating lots of steam. The steam would then rise up through the whistles, making the 'birds' heads' indeed appear to sing.


But there's supposedly some extra lines:

The King was in his counting-house
Counting lots of money
The Queen was in the garden
Eating bread and honey
The maid was in the garden
Hanging out the clothes
When down came a blackbird
And pecked off her nose


Or there's the alternative meaning that the poem relates to the deeds of 24 monasteries hidden in a pie by King Henry VIII and these deeds were stolen. Either way, I don't want to eat one of these in my pie:




[This message was edited by Ed Spillane on 06-11-03 at .]

Well, there goes my gold record...I could never top the nose-pecking thing.

All I know is that they qualify as an endandered species when I am out on the ranch with a shotgun in my hand!

A. P., do not be discouraged. Try for a platinum instead.

Ed: must have been nice to live in a time when one had nothing better to do than create a pie that whistled back at you. Still would like to know how they determined 24 was the right number of beaks to use.

Ed, the photo of that corvus brachyrhynchos (formerly the subject of verse 2 of my now-forgotten ballad)-- is it alive? That bird looks suspiciously like it has been propped up and posed for the camera. He's got a sort of distant gaze and a "where's that woman with the nose?" look about him....

Has anyone heard of making a pie from magpies? If you make a pie from magpies, is it called simply a "mag pie" or is it a "Magpie pie"? Or is it known as "a magpie squared"?

Inquiring minds want to know.