DEAR JOAN:I live in a senior community where they have now decided that feeding the birds including hummingbirds, I presume violates a new rule that bans feeding wild animals.
By the way,I will not adhere to this latest draconian edict. I love my birds, clean up after them and even provide them with a spa birdbath for drinking and splashing.
Bird Lover,Hayward
DEAR BIRD LOVER: Yes, birds are legally considered wild animals and feeding them is illegal under California law, although Id be among the thousands of backyard feeders that would be convicted if the lawwas strictly enforced.
The statetends to look the other way unless there are reasons not to. Meanwhile, there are hundreds of businesses that sell bird feeders, houses, birdbaths and food, which gives a sort of tacit approval to those who feed birds in their backyards.
The law in intended to protect wildlife from human predators, as well as those who unintentionally do harm by trying to help. Let me try to explain.
Heres what the law says: no person shall harass, herd or drive any game or nongame bird or mammal or fur-bearing mammal. For the purposes of this section, harass is defined as an intentional act that disrupts an animals normal behavior patterns, which includes but is not limited to, breeding, feeding or sheltering.
I believe the heart of the no feeding portion of the law is to prevent unethical hunters and poachers from luring an animal to a baited trap so that it can be captured or killed. However, whether we like to think about it or not, we are disrupting a birds normal behavior patterns with our feeders.If they werent coming to our yards for food, they would be out in the wild, fending for themselves.
When the birds congregate at feeders, they are at greater risk of contracting diseases and more vulnerable to predators. Every year, thousands of birds die because of this.
However, because we have removed or destroyed a lot of the birds habitats as weve built up our communities and developments, I believe we have an obligation to provide supplemental food and shelter for them, and to keep feeders clean and the areas safe.
As for the management of yourcommunity, I suspect they have a rationale for their new rule. Bird seed attracts rats, which most people dont want around their homes. Not everyone is as aware and responsible as you are, and so management companies often issue these blanket bans.
I havent seen your community, but Im guessing it has plenty of elements that are equally as attractive to rodents, such as thick ground cover and water sources, so banning bird feeders wont do the whole job.
I dont believe hummingbirds have any part in attracting rats, although they might draw a few ants. If you want to defy management and not risk getting evicted or fined, then grow some California native plantsin your yard forall of the birds.
See more here:
Senior community in California bans bird feeders - The Mercury News - The Mercury News
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