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Humane Society in D.C. Chastised for Bird Killings

By Avram Goldstein
Washington Post Staff Writer
Wednesday, April 18, 2001; Page A01

The Washington Humane Society, charged with protecting animals from cruel humans, received a little obedience training from a judge yesterday for the crime of euthanizing three mockingbird hatchlings -- a violation of federal bird protection law.

In a plea bargain that U.S. District Judge Ricardo M. Urbina described as a "special situation," the society pleaded guilty to one misdemeanor count for capturing the 2-day-old mockingbirds outside the State Department last summer and promptly killing them.

The case, prosecutors said, was representative of a wider pattern of behavior, which lasted for more than four years and involved 881 protected migratory birds. "A majority of these birds were captured alive, were sick or injured, and shortly after capture were euthanized," Assistant U.S. Attorney Ronald L. Walutes Jr. told Urbina.

For the mockingbird incident, the private, nonprofit organization was sentenced to one year of unsupervised probation during which all society employees must undergo training by the U.S. Fish and Wildlife Service on migratory bird laws. It also received a $50 "special assessment" to be paid to the U.S. attorney's office. In the agreement, it acknowledged mishandling the much larger number of birds.

The society, which provides all animal control services under a $650,000 annual contract with the District, "inadvertently and unintentionally violated the act," defense attorney Lisa J. Stevenson told Urbina, explaining that the society had not realized it needed a permit. "The Humane Society assures the court and the community that it is committed to treating animals humanely . . . and regrets that mistakes have been made."

She said the Humane Society should have kept its staff informed of laws on handling wildlife. Since the investigation began, the society has obtained a permit to receive wild birds and transfer them to licensed rescue groups, but under no circumstances is the society permitted to euthanize birds.

Fish and Wildlife Services officials said they would have pursued charges against the D.C. Health Department, which supervises the Humane Society contract, if the law did not exempt government agencies from prosecution. Health Department officials, though, said the contract with the Humane Society requires the agency to obey all laws governing its handling of animals.

Looking down at Mary C. Healey, the Humane Society's executive director, before accepting the plea, Urbina noted with a slight smile that the organization "has not made any attempt to duck the issue" and that he did not think the defendant posed any "risk of flight."

Nobody laughed.

The case began almost humorously in August when two adult mockingbirds dive-bombed dozens of pedestrians -- even drawing blood, in some cases -- because their three hatchlings were in a nest near the sidewalk. Widespread media coverage focused on the spectacle and on some workers who were chuckling about it. But as events unfolded, federal investigators were not amused.

Within 30 minutes of their arrival at the animal shelter, the birds were put down with injections administered by a shelter technician.

"We believe if they had been kept at the shelter, they would not have survived," Healey told the court. "They were very young."

The episode became a criminal matter when a Fish and Wildlife Service agent showed up at the D.C. Animal Shelter and seized four years' worth of records. The files showed that the group improperly handled, and in many cases euthanized, 881 protected birds over four years without a permit required by the Migratory Bird Treaty Act.

The federal law was enacted in 1918 to cover 832 species -- virtually all the wild birds that migrate through North America, Japan and Russia. Each violation can carry a penalty of six months in prison and a $15,000 fine.

Humane Society officials declined to comment outside court yesterday, but a spokeswoman has said the animal shelter is understaffed and overwhelmed with animals. As a result, she said, society employees sometimes fail to fulfill all their obligations.

Christopher Brong, a Fish and Wildlife Service special agent, said yesterday after the hearing that permit procedures are designed not only to protect birds but to ensure that other agencies are told about environmental hazards that often affect wildlife first.

"That network of communication . . . is ongoing in states, but the District has kind of been doing its own thing for a number of years," Brong said.

"Here you have the Washington Humane Society, which was totally oblivious to the Migratory Bird Treaty Act," he said. "So we had to inform them."

© 2001 The Washington Post Company



D.C. Bird Euthanizing Now a Federal Case

By Lyndsey Layton
Washington Post Staff Writer
Saturday, August 5, 2000; Page B03

D.C. animal control workers, called to rescue officegoers from a divebombing mockingbird this week, are now subjects of a federal investigation.

The workers showed up Tuesday and removed hatchlings from the bird's nest, hatchlings that were later destroyed, officials said.

Yesterday, a spokeswoman for the U.S. Fish and Wildlife Service said their actions clearly violated the Migratory Bird Act Treaty of 1918, a federal statute designed to protect wild birds by making it illegal to seize a bird, hatchlings, eggs or nest without a federal permit.

D.C. animal control did not have a permit to remove and later euthanize the hatchlings, said Megan Durham, the spokeswoman. Maximum penalties under the statute include fines up to $100,000 for individuals and $200,000 for organizations and a jail sentence of one year, she said.

Peggy Keller, chief of animal disease control for the D.C. Department of Health, who described the animal control action after the hatchlings had been killed, declined to discuss the matter yesterday. Sylvia French, a spokeswoman for the Department of Health, also would not answer questions, saying that the incident is under review and that officials will not comment until the review is completed next week.

Earlier in the week, Keller said that workers from D.C. animal control responded to complaints Tuesday of "severe attacks and divebombing" by a mockingbird at 515 22nd St. NW, an eight-story building occupied by hundreds of workers for the State Department.

Salvador Mendoza, a building manager at that address, said the mockingbird had been swooping down from a tree and hitting pedestrians in the back of the head during the warm months for at least six years.

The mockingbird was probably protecting its three hatchlings, said Mark Scallion, assistant director at the Pickering Creek Audubon Center in Easton, Md. Mockingbirds are highly territorial and will assault birds or other animals--including humans--that wander too close to their nests, Scallion said.

The hatchlings, just a couple of days old, were put to sleep because it was too late in the day to transport them to a local rehabilitation center for orphaned wildlife, and the city shelter lacks facilities to care for them overnight, Keller said earlier this week. "It wasn't the exact result we wanted," she said.

Rehabilitation centers are federally licensed facilities, which care for injured or orphaned wildlife and gradually reintroduce them into their natural environments.

But Lynne Shelton, of the Wildlife Rescue League, which transports wildlife from the D.C. Animal Shelter to rehabilitation centers, said that her volunteers were available to transport the hatchlings to licensed rehabilitation centers in McLean and Annandale but that D.C. animal control never requested the service on Tuesday.

"We weren't called," Shelton said. "I would say it was a whole comedy of errors, but there's nothing funny about babies being killed."

If D.C. animal control had contacted the U.S. Fish and Wildlife Service, federal officials could have arranged for a licensed rehabilitator to remove the nest and the hatchlings or may have advised pedestrians to avoid the sidewalk near the nest for the next couple of weeks until the hatchlings had flown the nest, Durham said. "We're sorry no one called us about it," she said.

© 2000 The Washington Post Company



Aggressive Bird Loses Nest
After Protective Mother Hits Pedestrians, City Destroys Hatchlings

By Lyndsey Layton
Washington Post Staff Writer
Thursday, August 3, 2000; Page B02

As office diversions go, the folks who work at 515 22nd St. NW had it pretty good. For six years, a mockingbird swooped out of a small tree in front of their office building, hitting unwitting pedestrians in the back of the head and retreating to the tree or a nearby rooftop.

On the second floor inside the building that houses State Department employees, a cluster of women were pressed against the window Tuesday morning. All eyes were focused on ground zero, a spot on the sidewalk where the gray-and-white bird targets its victims. Whenever a walker approached, the small crowd watched and waited.

Suddenly, a bald man was doubled over at the waist and cringing, hands waving wildly above his head. Another man in sunglasses spun around, sure that someone was trying to mug him, but found no one there. He kept walking but then turned and came back to the spot, to ponder what had knocked him in the head.

"It's like eating peanuts; you just can't stop," said one State Department worker, who had been hit earlier in the day and returned to stand across the street from the bird and watch others get bopped. "You want to shout out and warn these people, but at the same time, you want to see what happens."

On some days, there were as many as 30 assaults--before lunch.

"People would sit back and laugh," said Harold Slaughter, a State Department worker who let out a guilty giggle. "They'd stand out here on the sidewalk and see someone coming and say, 'Oh, look, look, he's going to get hit,' and then the bird would swoop down."

It was their own "Candid Camera," daily opportunities to see how strangers react to an odd event. But on Monday, Jeff Hermesman's conscience started to bother him.

"My office is directly above where the bird usually sits," Hermesman said. "It's very difficult not to notice people being attacked outside the window. I felt a certain compassion for the people. Everyone has a dark side. I found it was actually funny at times, but then after a while you begin to worry about finding so much humor. I think everybody feels a little bit of embarrassment at humor at the expense of others."

On Monday, Hermesman took a manila folder and with a day-glo pink highlighter scrawled, "Beware, Bird Attacks From Behind, Cover Your Head!" and taped his warning to the green metal pole of a parking sign on the sidewalk.

His colleagues, who already knew about the bird, developed their own defenses: One woman vigorously shook her head as she walked; another donned a baseball cap; and one man took out his government identification card and swung it by its chain like a lasso above his head.

Late Tuesday, the sideshow came to an abrupt halt. Workers from D.C. Animal Control, apparently called by someone else in the building, waded into the grassy stretch outside and yanked three hatchlings from the mockingbird's nest. By yesterday, the nest itself was gone.

"We had numerous complaints about severe attacks and dive bombing," said Peggy Keller, chief of animal disease control for the D.C. Department of Health. The hatchlings, just a couple of days old, were put to sleep because it was too late in the day to transport them to a local rehabilitation center for orphaned wildlife, and the city shelter lacks facilities to care for them overnight, Keller said. "It wasn't the exact result we wanted," she said.

Mockingbirds are highly territorial and will assault birds or other animals--including humans--that wander too close to their nests, said Mark Scallion, assistant director at the Pickering Creek Audubon Center in Easton, Md.

Peter Sheils had watched the Hitchcock classic "The Birds" on cable television the night before he was bopped on the head by the mockingbird this week. "I thought of Tippi Hedren," he said, referring to the actress, at whom live sea gulls were hurled for a week during filming of the 1963 horror film.

Yesterday, the mockingbird was spotted on one of its usual perches, atop a three-story brown brick building next to the State Department office. It was all noise, but no action.

When word spread that the nest was gone and the assaults had ceased for now, the office mood was subdued. "It drew us together," Meredith McCain said of the daily bird attacks.

But Scallion said the mockingbird is likely to rebuild and resume its dive bombing next spring. "Usually, they'll build another nest," he said. "It won't make them leave or anything."

Nesting spots are handed down through generations of birds, said Jim Monsma, spokesman for the Washington Humane Society.

If the bird were to depart for another neighborhood, its spot would probably be snatched up by another mockingbird, he said. "When you consider all the other mockingbirds in the area, if there's a vacant spot in front of the State Department, with a nice tree, it's a great spot for a new nest," he said.

© 2000 The Washington Post Company



Live Animal Transports Blockades in Austria

Live Animal Transports Blockaded in Austria


Vienna -- After intensive campaigning by AR groups, a few years ago Austria passed what I know of as the strictest live animal transport law there is. Animals can be transported up to 6 hours and a maximum of 130 kilometers on country roads or 260 kilometers on motorways. These restrictions are for the entire journey to the nearest suitable slaughterhouse and are not nullified by rest stops or lay-overs.

The passage of this law did not see the end of intensely cruel animal transport in Austria, however. With Austria's joining of the EC, foreign animal transport lorries can now pass through the country according to EC regulations--rather than Austrian transport law. So, for the past few years, Austrian AR activists have been blockading foreign lorries from traveling across the border and contravening Austrian transport laws.
Activists block live animal transport truck

Usually 30 to 40 live animal transporters cross Austrian borders from the north to the south each day. Most of the lorries come from northern Germany, Holland, or Denmark and head for the coast of Italy, Slovenia, or Croatia. There, animals are loaded onto ships for transport to the Middle East or Africa, mostly for Halal slaughter. With these great distances, by the time the animals reach the Austrian border they most likely have been traveling for 24 hours, which is illegal by Austrian law. And, the trip through Austria to the coast adds another 10 hours of travel time. Next comes a few days on the ship. The stress, disease, and inherent cruelties involved with such transport eventually leads to many animals being dead on arrival. Our efforts are to combat precisely this.

In addition to blockading transporters, Austrian activists have focused attention on Mr Fischler, the Austrian EC Agricultural Commissioner, who is ultimately responsible for EC animal transport laws and subsidies. On 4 October 1997, World Animal Protection Day, activists staged anti-live-transport protests all across Austria. Mr. Fischler was in for an extra surprise. As he was about to give a speech at the University of Salzburg, ten activists stormed the hall. Five were stopped immediately by security. The others, however, made it to the stage where they unfurled banners and staged a ritual slaughter of a human with a cow mask directly at Mr Fischler's feet, spurting fake blood over him and the stage furniture. Activists shouted into the megaphone as the audience both applauded and booed. Minutes later, all of the activists were removed. The action was aired on national TV news.

On 14 February 1998, 150 people staged a demo against live exports at the German border, but did not attempt to blockade any lorries.

THE NINTH BLOCKADE

On 21 March 1998, activists executed the ninth blockade of live transport lorries. This time, protesters attempted a new tactic. Instead of blocking the lorry until the drivers agreed to rest the animals for 24 hours in a nearby lairage, the activists demanded that it turn around and return to its place of origin, Germany. The lorry did indeed turn around! It was followed through Germany and tried time and again to thwart the protesters and slip across a border unguarded by activists. German police arrested a number of people and tried to block activist vehicles, but, eventually, the lorry was again blockaded in its next attempt to cross the border. After many hours of stand off and a total of ten hours of delaying the lorry, the activists agreed to allow the lorry to travel to the next lairage across the Austrian border to let the animals debark from the lorry to rest for 24 hours.
Activist locked on underneath van blocking slaughterhouse

However, upon arrival at the lairage, the animals were not unloaded. So, activists built barricades and demanded that the animals be unloaded and allowed to rest for 24 hours. The authorities agreed to the demands. Only when it was made sure that the animals were unloaded did the activists end the barricade. Encouraged by this success, a weekend of action against live animal transports throughout Austria--to become the tenth blockade--was set for on 24 to 26 April 1998.

THREE DAYS OF ACTION

People gathered on Friday evening and started blockading lorries from 9 p.m. The police were well-aware of the blockade plans--obviously through telephone tapping--and were present in large numbers. Despite this, activists blocked the first lorry at the Salzburg, Austria/German border. Nine activists were quickly removed by the police, but, ten minutes later, managed to stop two more lorries. Two activists were arrested and one lorry escaped, but the second was soon occupied by 50 activists, who started to feed the animals and give them water. It was soon revealed that the lorry had traveled 22 hours from Denmark and was heading for Koper in Slovenia, where the animals--some 40 young pregnant cows--would be shipped to Jordania for breeding purposes.

The lorry was blockaded until 2 a.m. Fifty police officers surrounded the 50 activists. The protesters were offered the compromise that the animals would be rested for 24 hours on a nearby lairage deeper inside Austria, but they refused. Two animals were seen bleeding in the lorry, and the activists demanded immediate vet attention for them. Tensions soon rose when an activist was spotted trying to lock himself onto the lorry. The police charged into the crowd, beating everyone nearby until they got to the locks and removed them, aggressively arresting the activist. The protesters were warned to disperse. When they didn,t, the police charged again, pulling hair and beating activists with batons--actions caught on film by one Austrian and two German TV crews. Soon the lorry was able to pass. Seventeen activists were arrested, putting the number of arrests up to 20. After two hours at the police station, everyone was released and charged with two minor offenses.

Meanwhile, the police had warned other animal transporters to avoid this border. Our scouts followed three other lorries in Germany driving towards different Austrian borders. But, as we were occupied dealing with the police as others sat in jail, we had to let them go.

The next day, as activists regrouped and prepared for the second night of blockading, several media outlets featured our efforts. Live interviews aired on the radio and three TV stations, and all major newspapers reported on the actions. Nationwide, scenes of police aggression were shown on TV news.
Blockade of Austrian lairage

Saturday evening came and the police, guarding the borders, did not anticipate the protesters' next move. At 2 a.m., the activists went to the lairage--which is also a slaughterhouse--where the lorry that had been blockaded the day before was detained for 24 hours as the animals rested. The lorry was scheduled to leave at 3 a.m., and the activists were ready. They blocked the exit of the lairage with six vehicles and quickly locked themselves under the vans and cars with concrete pipes. The action took place so quickly that the on-site police couldn,t stop them. Immediately, police back-up arrived. About 15 activists who were not locked underneath a vehicle, started to build a barricade with whatever was lying around, from iron bars to wooden planks and big oil cans. Eventually, the barricade was two metres high and occupied by several activists.

After several hours, at 8 a.m., 17 activists on the barricade were arrested, taking the arrest total to 37. The police turned their attention to the lock-down activists. A bulldozer arrived and dug another path to the lairage/slaughterhouse through a hedgerow between the trees, allowing the loaded animal transporter to pass through the blockade. After seeing that the traffic could easily pass through this new gap, the remaining activists unlocked.

On Monday morning in Vienna, Mr Fischler was scheduled to give a speech at the Vienna Chamber of Commerce. A three-pronged action took place. Several activists snuck into the hall. At the prime moment, some jumped up, holding a banner reading: "Stop bloody EC animal transports, Mr Fischler!" Other activists waited until the end of the talk to swamp Mr Fischler with questions relating to animal transports. The Austrian EC Agricultural Commissioner promised to stop the infamous Herodes premia (the distribution of money for calves killed, a practice that encourages calf "production") and to stop EC subsidies for live animal transports.

Outside, more activists staged a protest, distributing leaflets, holding banners, and showing live animal transport videos on a TV screen. Mr Fischler had to pass through a group of angry protesters as he left the Chamber of Commerce.

The weekend of action against live animal transports through Austria was a success. And, if more activists from neighbouring countries joined our efforts, we would only be stronger in our fight to end live animal transports.

As No Compromise goes to press, we have received an update on the live animal transport efforts in Austria:

In one night of action, 50 Austrian protesters gathered to follow lorries in Germany and blockaded others as they tried to cross the border. Police presence was very high, and German officers constructed road blocks and stopped and searched all Austrian vehicles in attempts to disrupt transport blockades. To combat German police efforts and to cover possible new routes taken by the lorries, activists spread out and covered several smaller border crossings inside Austria. Soon, two lorries escorted by five Austrian police vehicles were spotted. As activists chased the transport trucks, many protesters' vehicles were stopped and searched by Austrian police, but others escaped attention and set up an ambush. Unfortunately, Austrian police anticipated this and re-directed the lorries over two high mountain passes, which cost them (and the animals) an additional three hours journey time.

Meanwhile another animal lorry was spotted. The 15 activists at that crossing were attacked by police as they ran towards the transport truck. A police officer repeatedly punched one activist in the head and knocked him down. Another activist who managed to get in front of the lorry was struck down by the truck as it plowed into him. A police car drove straight towards three activists further down the motorway, causing two to jump into a ditch while the third ran straight in front of the lorry. He was hit by the truck and thrown a few metres.

A total of eight activists were arrested and many more were assaulted by police and the lorry itself.

Due to Austrian activists' efforts, live animal transport lorries must now have police protection to pass through Austria. They are determined to keep up the pressure and blockades until no such lorry passes through Austria again. Activists in neighboring countries are encouraged to join in the efforts.