An unusual criminal prosecution for importing rare Black Sparrowhawks properly ended in the conviction of a man who claimed he once owned the largest private collection of birds of prey in America, a federal appeals court says. The 2nd U.S. Circuit Court of Appeals in Manhattan concluded in a written decision late last week that Thomas Cullen of Goshen, N.Y., was properly prosecuted for having no legal right to import the birds from England to New York in January 2000.

The appeals court said he made misrepresentations to U.S. wildlife authorities “every step of the way” and could not now claim that those authorities knew all along what he was doing was illegal. It also rejected his other challenges to his conviction.

The 18-inch to 23-inch long African bird with a black head and black upper body, a white belly, yellow legs and a silver-gray tail is among 1,700 species of birds listed as endangered according to a 1973 agreement signed by 21 nations, including America.

Cullen was sentenced in February 2006 to four months in prison and fined $1,000 after he was convicted of knowingly importing exotic birds into America and of making false statements to the U.S. Fish and Wildlife Service related to the importation.

Cullen’s lawyer, Peter Ginsberg, said, “We are obviously disappointed in the decision. Tom has spent his life dedicated to protecting wildlife and hopefully the results of this rather unique prosecution won’t hinder his ability to continue to do wonderful things for the environment.”

A decision on whether to appeal has not been made.

Prosecutors had said Cullen violated the Wild Bird Conservation Act of 1992, which promotes conservation of exotic birds by outlawing the importation into America of any endangered exotic birds with several exceptions, including importation for scientific research or zoological breeding.

The appeals court, describing Cullen as “an enigmatic and colorful figure,” said the prosecution was unusual because there had been “very few, if any, previous prosecutions for violations of the act’s criminal penalties.”

The court, seemingly delighting in its subject matter, added: “Judicial opinions often characterize an odd provision of the law or an ingenious argument of counsel as a ‘rare bird.’ But in this case we have before us as the subject matter literally a … rare bird on the earth.” The three-judge panel said Cullen had gained a measure of fame as an internationally known professional falconer and also because he was hired at one time by the city of New York to bring bald eagles back to Inwood Hill Park in Manhattan.

Cullen, it said, had claimed he once owned the largest private collection of birds of prey anywhere in the country and at the time of his 2005 trial owned 47 birds of prey at his home.

The Black Sparrowhawk, a typically silent and unobtrusive bird, mainly eats doves and other birds, although it has also feasted on occasional small mammals and snakes, the court said.