Kokua Line

By June Watanabe

Saturday, April 5, 1997

Pesky birds are protected
from harm by state law

I read your item about getting rid of pesky birds, specifically the answer given by one business about using a chemical bait. Isn't it against federal law to harm birds?

The federal law applies to some birds under the Migratory Bird Species Act, said David Smith, wildlife manager for the state Department of Land and Natural Resources. However, there is a state law that protects pigeons and domestic-type urban birds, he said.

The general public, as well as commercial pest operators, cannot harm or harass these birds without a wildlife permit from his office.

Smith said he does issue lots of these permits, but only after he's been convinced that the applicants have exhausted other alternatives and will do so humanely.

"We recommend nonlethal methods first, but if there's a health or nuisance or crop depredation problem, then we can issue permits for lethal control," he said.

The first recommendation to homeowners is to discourage birds from roosting.

"Look around to see if there is dog food left out or some other thing attracting them, including neighbors," he said.

"The next approach is exclusion, figuring out some kind of physical deterrent."

That might include screening or use of trip wires, such as fishing line strung across the roosting area.

"A lot of time, it's a matter of breaking the birds' pattern," Smith said. "If there is food, water and a roosting place, the birds just assume a pattern of roosting."

If those measures don't work, he recommends trapping the birds, then taking them to the Hawaiian Humane Society to be euthanized.

"On the market there are chemicals that are legal for killing birds, but I don't give permits for any of them because I don't feel they're humane," Smith said. "But each situation has to be analyzed separately."

To apply for a free permit, write to Smith at 2135 Makiki Heights Drive, Honolulu 96822. Explain to him your problem and what you propose to do.

Harming birds without a permit could cost you $1,000 in fines and a year in jail.