When a bird finds its way into a commercial building, it can pose challenges ranging from health risks to operational disruptions. Addressing such situations requires not only practical solutions but also an understanding of the legal framework governing bird handling.
Legal Framework: Migratory Bird Treaty Act (MBTA)
The Migratory Bird Treaty Act of 1918 (MBTA) is a pivotal federal law that protects numerous bird species by prohibiting unauthorized capture, killing, or possession. However, the U.S. Fish and Wildlife Service provides specific guidelines for situations involving birds trapped inside buildings:
- Removal Without a Permit: Individuals may remove a migratory bird from the interior of a commercial building without a federal permit if the bird poses a health threat, is causing safety concerns, risks damaging commercial interests, or may injure itself due to entrapment.
- Methods That Are Safe for the Bird: Capture methods must be safe for the bird. The use of adhesive traps or any technique likely to harm the bird is strictly prohibited.
- Release Protocol: Once captured, the bird should be immediately released into suitable habitat. If the bird is exhausted, ill, injured, or orphaned, it must be transferred to a federally permitted migratory bird rehabilitator.
- Active Nests: If an active nest with eggs or nestlings is present within the building, assistance from a federally permitted migratory bird rehabilitator is required for their removal.
State and Local Regulations
Beyond federal laws, state and local regulations may impose additional requirements:
- Virginia Regulations: In Virginia, for instance, certain activities related to wild birds are deemed unlawful without appropriate permits, such as hunting, trapping, or possessing wild birds.
- Local Ordinances: Municipalities might have specific ordinances addressing bird control. It’s imperative to consult local wildlife agencies or legal counsel to ensure compliance with all applicable laws.
Recommended Actions for Commercial Properties
When a bird gets trapped inside your building, it’s best to contact a professional bird removal company to handle the situation efficiently and legally. Commercial bird control experts are trained to assess the situation, follow all applicable regulations, document the removal process, and help prevent future intrusions. Involving professionals minimizes liability, protects your business operations, and ensures compliance with federal and state laws.
Here’s how to handle bird incidents step by step:
- Assessment
Work with a bird removal specialist to identify the species and determine the extent of the issue. This includes evaluating the health risks, safety concerns, and potential impact on your facility’s operations. - Consultation
Professionals can provide guidance based on the Migratory Bird Treaty Act and local laws. If necessary, they’ll coordinate with wildlife agencies or licensed rehabilitators to ensure proper handling—especially in cases involving protected species or active nests. - Documentation
Keep detailed records of the incident. This includes what actions were taken, any communication with authorities, and any permits obtained. Bird removal companies often provide documentation that supports your compliance efforts. - Preventative Measures
After removal, bird control experts can help identify how the bird entered the facility and offer solutions for keeping future birds out—such as closing off entry points, improving sanitation to reduce attractants, and training staff on quick reporting procedures.
While addressing a bird intrusion in a commercial building is permissible under specific conditions, adherence to legal guidelines is paramount. By understanding and complying with federal and state regulations, property managers can ensure lawful resolution of such incidents.