Pigeon Protection Laws Explained
Several laws at both the federal and state level protect pigeons from being harmed and molested. It is important to know these laws in order to understand the consequences of harming, trapping or killing birds. The following paragraphs will explain some of these laws. In most cases, it is illegal to trap or harm pigeons and other birds such as Eurasian collared doves, European starlings and sparrows, all commonly found, unintentionally, in a lot of pigeon control jobs. In particular, the Migratory Bird Treaty Act protects many species of birds, including pigeons. The Act, enacted in 1918, is a treaty between the United States, Canada and Mexico. It protects more than 800 species of birds from being shot or trapped without a permit. The U.S. Fish and Wildlife Service enforces the provisions of this law, and it can impose penalties against individuals who trap or harm birds. A violation of the Act can lead to both a fine and jail time. For example, fines can reach $5,000, and the jail term can extend to six months in jail . A conviction for harming birds can, in addition to these criminal penalties, lead to civil penalties, such as restitution for lost nests, lost eggs and lost young. Under the Minnesota Statutes Annotated Section 15.72, no wild animal, bird or fish can be killed, taken or sold, and no protected nest can be destroyed or taken, during nesting times. The State of New Jersey also has its own laws that protect birds. Section 23:4-16 of the New Jersey Statutes Annotated prohibits harming any migratory birds. The State of California has laws that protect birds, and under California Code Annotated Section 3513, any person who kills a migratory bird is guilty of a misdemeanor, and the penalties can include both a fine of up to $1,000, and a jail sentence of up to six months. The Federal Environmental Protection Agency can enforce regulations to protect endangered species under the Endangered Species Act of 1973. It is important to note that these laws are not isolated from one another; rather, they are interrelated.
When is it Legal to Shoot Pigeons?
If you are in the unfortunate position where shooting pigeons is necessary, you need to understand the legal implications of your actions. The same applies if you are thinking of starting an adventure activity business involving the shooting of pigeons.
Usually, shooting pigeons would be a criminal offence under the Wildlife and Countryside Act 1981. However, section 10 states that it shall not be an offence to kill or take any wild animal (including, for the purposes of this part the progeny of that animal while dependent on it), if that act is made lawful under any enactment (in this case the Game Act 1831).
As a result, the Game Act provides an exemption to the Wildlife and Countryside Act of 1981 that allows you to shoot pigeons if they are a "nuisance". Just so long as the birds are "nuisance birds" many councils offer pest control services that will shoot them or set traps for a small charge.
If you wanted to establish an adventure activity business based on shooting pigeons you would have to get a shooting licence or game dealer’s licence (if you are going to be selling the pigeons). You will also require a written agreement if you plan to take on a council contract to shoot pigeons as a pest control activity.
However, one of the main legal requirements you need to address is getting hold of a General Licences from Natural England or the Department of Agriculture and Rural Development (for Northern Ireland and Scotland)
In accordance with The Wildlife and Countryside Act 1981 there are 3 different types of general licences that give authority to kill or take some species (including pigeons, depending on the type) for certain reasons: It is important that before starting any activity involving pigeons, you should apply to Natural England for the appropriate licence as failure to do so could result in a £5000 fine per bird shot.
Penalties for Unauthorized Pigeon Shooting
Violations related to unlawfully shooting pigeons are typically prosecuted in district court as class 2 misdemeanors. Violations of statute C.R.S. 33-6-219 are charged as class 2 misdemeanors, which means that a successful prosecution will result in a conviction carrying a potential county jail sentence of up to 120 days. In addition, a fine of up to $750 may be imposed. However, the maximum fine and imprisonment for misdemeanors is $1,000 and 180 days, according to C.R.S. 18-1.3-504.
Although relatively few cases have been reported in relation to violations of the statute prohibiting the unlawful use of a firearm for shooting at wild birds, Colorado state authorities do have examples from real cases which serve as an example of the types of penalties that can be expected. According to the Department of Natural Resources, there are cases on record in which hunters were caught guilty of shooting at pigeons during a lawful hunt. In one case in 2013, authorities monitored a known illegal pest bird shooting venue while waiting to catch a poacher. Authorities watched as a shooter baited pigeons into his field of fire with food. He then shot the birds and buried them with a tractor. As a result, state authorities were able to issue a monetary citation. In another case, a pigeon hunter at a public shooting range in Weld County was reported to law enforcement after failing to kill a pigeon and then attempting to catch it with a trap. When authorities found the suspect, he had a half-dozen pigeons, each tied with string. He told authorities that he intended to use those pigeons in a hunting competition later that day. Again, the result in this case was a monetary citation.
Legal Alternatives for Managing Pigeon Populations
There are various effective, non-lethal methods that can help manage pigeon populations. For instance, repellents in the form of plastic spikes, gels, or ultrasonic pest control devices can be effective in deterring pigeons from nesting on buildings . Habitat modification to remove perching spots and food sources such as open containers of trash, uncapped chimneys and improperly placed power lines can significantly discourage their presence. Community outreach programs about the problems associated with pigeon population growth can have a large impact – and they don’t have to be expensive.
Where to Get Legal Help and Resources
Consulting with a legal professional can be a very good way to eliminate your doubts. Even the most innocent error in judgement can have serious implications under both state and federal law. If you have questions at any point, do not hesitate to call an attorney with experience both in wildlife law and in the unified laws of your area. While the number of experienced attorneys in your area may be small, the benefits of consulting with one are as big as the potential problems you may face without their guidance.
The United States Fish and Wildlife Service has a helpful website for your further reading. It is available here:
http://www.fws.gov/laws/lawsdigest/lawmenu.html .
If you already have questions regarding your situation, in addition to the United States Fish and Wildlife Service, your state wildlife agency may also have a lot of useful information regarding your issue. Of course, public agencies may be hesitant to help if they suspect that you are going to harm any members of their protected animals or even damage property (if not the type of damage assumed to be necessary for control of certain birds). But even so, it may be worth a try. Another option is a legal aid service that offers pro bono advice for the economically disadvantaged.
Even if you believe that a question may be entirely frivolous or wasteful given the context, do not assume that others will see it the same way. In brief, there is no harm in asking – given that the consequences of asking were not wasted time or effort.