Laws Protecting Birds / Dealing With Nuisances
The Migratory Bird Treaty Act of 1918 is the cornerstone for migratory-bird conservation and protection in the U.S. The Act was established to curtail the commercial trade in birds and their feathers that, by the early 20th century, had wreaked havoc on populations of many native bird species. The term "migratory bird" refers to any species or family of birds that live, reproduce or migrate within or across international borders at some point during their annual life cycle. Specifically, the Act states that
"… unless permitted by regulations, it is unlawful to pursue, hunt, take, capture or kill; attempt to take, capture or kill; possess, offer to or sell, barter, purchase, deliver or cause to be shipped, exported, imported, transported, carried or received any migratory bird, part, nest, egg or product, manufactured or not."
Of the 1,043 bird species naturally occurring in the U.S., 868 species (83 percent) are protected by the Act, 58 of which are currently legally hunted as game birds. In Idaho, the Act protects all birds except the Galliformes (grouse, turkeys, pheasants, partridges, and quail) and three introduced species - the English sparrow, European starling, and rock pigeon. The Bald and Golden Eagle Protection Act of 1940 affords additional protection to all bald and golden eagles.
Photo: Falcon Services, Inc. – Bird Control - http://www.falconservices.com
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Common Conflicts with "Nuisance Species": Woodpeckers
Ten species of woodpecker, flicker, and sapsucker regularly occur in Idaho. Although an interesting and highly charismatic group of birds, woodpeckers can be a nuisance when it comes to pecking holes in wooden buildings. Holes may be drilled into wood siding, eaves, window frames, and trim boards; cedar and redwood sidings appear to be a favorite. In Idaho, the primary culprits are northern flickers, which tend to excavate cavities in search of insects (beetles and termites) or to create a safe, warm hole in which to roost during the cooler nights of fall and early winter. Occasionally, holes are drilled for nesting during early spring. Damage to homes is usually isolated to one or two individual birds, is typically a short-term problem, and can often be easily deterred.
A number of methods will work to prevent or minimize woodpecker damage to homes. By far the most effective is the installation of lightweight, plastic netting over the area being damaged. Attaching the netting only at the top will allow birds to escape out, but will be unable to enter back in. Metal barriers placed over holes (as long as birds are not in the hole at the time) also work well. Frightening devices, such as stationary model hawks or owls, and repellents, such as mothballs, have generally been found to be ineffective. Because woodpeckers are classified as migratory, nongame birds, they are protected under the Migratory Bird Treaty Act, so be careful to not harm the birds.
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