Pigeon fanciers fault legally shielded raptors in aerial attacks (Hawaii)

[Donna]

Question: My friend told me there have been about a half-dozen incidents where they were watching racing pigeons, when suddenly a big brown bird came out of nowhere and whacked one of their birds. What is the law about catching them?

Answer: Neither state nor federal wildlife officials we talked with had seen or heard of any new large hawk in the islands, while the Hawaii Audubon Society said the predator most likely IS a peregrine falcon.

"They are occasional visitors to the islands and are thought to be large hawks," said Casey Primacio, office manager for the society. "We have had a few sightings of this recently."

But whether a hawk or falcon, federal and state laws prohibit the public from harming or capturing a wild bird, even if it is attacking pet pigeons.

In fact, in 2007 the U.S. Fish and Wildlife Service arrested and charged roller pigeon hobbyists in California and Oregon with attempting to take, capture and kill hawks and/or peregrine falcons in violation of the federal Migratory Bird Treaty Act. (See hsblinks.com/1uf.)

Likewise, birds that come to Hawaii "naturally," or migrate, are protected by the Migratory Bird Treaty Act, said Jason Misaki, wildlife manager for the Oahu Branch of the state Department of Land and Natural Resources' Forestry Division.

Under the act it is illegal for anyone to "take" migratory birds or their eggs, feathers or nests through "hunting, pursuing, wounding, killing, possessing or transporting." Currently, 836 bird species are protected by the act, according to the Fish and Wildlife Service.

In addition to the federal protection, "if it's considered to be an introduced species that is resident of Hawaii or occurs naturally, then we would protect them under state law, as well," Misaki said.

The endangered 'Io, or Hawaiian hawk, is found on the Big Island, and it's possible that it might have somehow come to Oahu, said George Phocas, resident agent in charge of enforcement for the Fish and Wildlife Service in Hawaii. And "every now and then, there've been reports of eagles blown off course in the Pacific that will show up here."

But they're all protected, by law.

The bottom line is that "it would be prohibited for (anyone) to try to kill a protected species in order to protect their roller pigeons," Phocas said.

Even if a predator bird were to attack an endangered species, "the government doesn't get involved with what nature does, in that sense," he said.

"Obviously, we get involved if public safety" is an issue, he said. Otherwise, he said it would be akin to telling sharks what to eat.

At this point the advice is to try to identify the bird, then work with wildlife professionals about possible ways to mitigate the attacks, such as determining what its habits are.

But, as Misaki said, "it's hard to regulate birds flying in the air. ... You can't control wild birds attacking pigeons."

WE WERE ABLE to meet with several pigeon owners to get an insight into their hobby, including Maili resident Rodman Pasco, who beat out thousands of other people across the United States to become the 2009 National Birmingham Roller Club "National Championship Fly" winner, with 18 of his birds rolling in unison.

The Birmingham roller pigeon is a breed that is able to roll or somersault backward rapidly.

Before that he placed 57th in World Cup competition in 2005, facing competitors from around the world, and 31st in 2007. He hopes to do even better when the World Cup is held again in May.

Pasco is one of those concerned about the random attacks by the unknown predator, having experienced an attack just last October.

Cameron Datanagan, director for the World Cup Fly Hawaii Region of the National Birmingham Roller Club and state secretary for the Hawaii All Breed Pigeon Association, explained that there are three kinds of pigeons: racing, rollers and show.

The rollers are especially prime for attacks, which Datanagan said has been reported within the past couple of years in various parts of Oahu, mostly in Windward and Leeward Oahu, as well as on the Big Island.

Datanagan said the mystery predator attacked a flock of roller pigeons during a competition just last month in Kaneohe.

"I was awestruck seeing the bird," which he said attacked a pigeon with "pinpoint accuracy" before flying back over the H-3 freeway into the mountains.

Attacks by predators are not new, with reports dating back to the 1980s in Pearl City, he said. But Datanagan said pigeon owners are particularly concerned because they don't know what kind of bird is involved and the frequency of the strikes.

If anyone can help identify the attacker, contact Datanagan through hawaiipigeon.com.

And, if you happen to be driving by Maili Point, Pasco says to look up and perhaps you'll see his "Pacific Bad Boys" in the sky.