The Purple Martin Site
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The Law and the Purple Martin Landlord

First of all, I am not a lawyer. Why do I write this? I don't know, but everyone else does that ever publishes legal advice. They must know what they are doing (?). So again, I am not a lawyer.

What are the things that purple martin landlords do, are apt to do, and would like to do that might get them in trouble with the law? You might be surprised. What comes to mind are:

  • Using DE or pesticides
  • Nest replacement
  • Handling
  • Feeding
  • Trapping and/or shooting bird pests
This is all done by intelligent, well meaning purple martin landlords who just want the very best for "their birds." All of the above is done a lot by very successful landlords. They have learned to practice these techniques with moderation. (Except for the shooting.) There is a problem here. "Their birds" are wild birds that as a species has come to expect and thrive on the loving care received from concerned citizens who are operating in the gray area of the law. Those "pest birds" to be removed are also wild birds. Some, such as the owls and hawks are equally protected by the same laws. The English (house) sparrow and the starling are the only birds that are not protected by the law. You may be surprised that raccoons are protected by the law. I was. Indigenous snakes don't seem to be protected.

Here are the laws that I am aware of:

  • The Migratory Bird Treaty Act passed in 1918
  • The Endangered Species Act passed in 1973
  • The Wild Bird Conservation Act passed in 1992
  • Who knows what other laws there might be.
I am still trying to understand how these laws apply to us purple martin landlords.
I remember reading this recently:
CAUTION: Only an authorized licensed wildlife rehabilitator is legally allowed to hand-feed wild birds.
But I have not yet determined the veracity of this statement.

The bottom line of this page is to exercise prudent action and moderation when caring for "your martins."


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