Were Endangered Birds Put Through a Wood Chipper in Oakland?

Federal and state wildlife officials are investigating if endangered birds were killed when the U.S. Postal Service hired a contractor to trim trees near the post office in downtown Oakland on Saturday, a state Fish and Wildlife spokesman said Wednesday.

Andrew Hughan said five black-crowned night herons were injured in the incident but authorities are also investigating witnesses' allegations that some birds were killed when nests fell to the ground and others died after they were fed through a wood chipper.

Hughan said investigators will do DNA analysis of the wood chipper to see if there's evidence that any black-crowned night herons, which are a protected species, were killed.

Postal Service spokesman Augustine Ruiz said the agency hired a tree trimmer because herons who nest near the post office at 201 13th Street, between Jackson and Alice streets, have been defecating on mail trucks, causing problems for their windshields and locking mechanisms.

But Ruiz said, "This is not a feathered massacre" because there's no evidence that any herons were killed or fed into a wood chipper.

Ernesto Pulido of Bay Point, who said he was the contractor who trimmed the trees by the post office, also said no birds were fed into a wood chipper or killed.

Pulido said, "I'm an animal lover who grew up on a farm and I wouldn't hurt birds."

Pulido said Oakland police officers who came to the scene after witnesses said they were concerned about his tree-trimming work didn't arrest him because they didn't see any dead birds.

Hughan said investigators will determine if there was a violation of the U.S. Migratory Bird Treaty Act, which protects migratory birds and their nests and habitats. A misdemeanor violation could result in up to six months in jail and a $1,000 fine plus $100 for any bird or nest that is harmed.

Hughan said that if there was a violation, investigators will try to determine if it was because of a malicious act or because those responsible just didn't know about the law.

Hughan said, "Removing the nests of an endangered species is a crime but we're still very early in our investigation."

International Bird Rescue spokesman Andrew Harmon said the five injured herons are being treated at his organizations facility in Fairfield. Harmon said the injured birds are from one to three weeks old and the injuries they suffered "are consistent with falling from a nest."

Harmon said the most of the herons suffered scrapes and bruises but one suffered a fractured beak. He said he's hopeful that the birds can be released to a suitable environment before long.

Harmon said although black-crowned night herons are a protected species they are fairly common in the Bay Area and International Bird Rescue is often called upon to treat herons that fall from high nests in urban areas.

He said he understands that defecating by the herons can cause problems but he said, "The solution isn't to put them into wood chippers or to disturb their nests."

Ruiz said the Postal Service didn't intend to hurt the herons. "We're bird lovers and nature lovers and we didn't want to cause any harm," he said.

--By Bay City News