Re: [CALBIRDS] hosing birds
- Hi Calbirders,
Jim brings up a good point. The question should not be "Was the homeowner/boatowner/farm owner aware of the law" or whether or not ignorance of a law being a legal defense (it's not: trying telling a judge that you didn't know that it was illegal to steal a candy bar). Here's the real issue:
Why would you hose the swallow nests off your wall?
Why would you hose a bunch of living baby birds off of your boat?
What brings about this attitude????
In my native Hungary, people don't hose the swallow nests off their wall. Here's the rub: they don't avoid this behaviour because it's illegal, and they don't want to get fined. They don't do it because they have an intrinsic closeness to and love of nature that I don't see in the average Ammerican 'man on the street'.
Six weeks ago I stood outside a lady's house in a village 50 miles south of Budapest, and she came out and talked with me about the storks who were nesting in front of her house (I was photographing them in their nest on top of a light pole). We just stood there and talked.
Something to think about.
>From: Jim <lbvi.man@...>Thomas Miko (Mikó Tamás)
>Date: Wed Jul 05 17:56:48 CDT 2006
>Subject: [CALBIRDS] hosing birds
>Several years ago, a homeowner in Montecito (Santa Barbara County)
>was fined for knocking dozens of Cliff Swallow nests from a building
>on his property. If that can be used as precedent, and anyone is
>interested in pursuing it, contact Fish and Game to get specifics. I
>have no further info, and don't know if there was an appeal, or if
>so, what the result might have been. But it was at least newsworthy
>at the time [seems like a decade or more ago, during a time that
>Kimball seems to presume was more enlightened than today].
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- --- In CALBIRDS@yahoogroups.com, Jim <lbvi.man@...> wrote:
>"LEGAL STATUS: Swallows are protected by the Federal Migratory Bird
> Several years ago, a homeowner in Montecito (Santa Barbara County)
> was fined for knocking dozens of Cliff Swallow nests from a building
> on his property.
Act of 1918. Section 3503 of the California Fish and Game Code
prohibits the needless destruction of all bird nests. The courts have
enforced these provisions strictly when either eggs or young are
present in the nests. Before the nests are completed and after the
swallows have left the areas nests may be legally removed from the
Quote from Ventura Audubon Society brochure "Bugged by swallow nests?"
Al Knoll (Sacramento)