The question of who owns the bird in Santa Rosa is an intriguing one that has likely crossed the minds of many residents and visitors to this northern California city. Birds are a common sight in Santa Rosa, both native species and introduced species that have adapted to urban and suburban areas. Determining ownership and responsibility for a wild bird’s care and protection is not always straightforward.
Overview of relevant laws
There are a few key laws and regulations that are relevant when examining the question of bird ownership in Santa Rosa:
– The federal Migratory Bird Treaty Act of 1918 – This act makes it illegal to hunt, kill, capture, possess, buy, sell, purchase, or barter any migratory bird or their parts, nests, or eggs without a permit issued by the U.S. Fish and Wildlife Service. Migratory birds include the vast majority of bird species found in Santa Rosa.
– The California Fish and Game Code – Section 3513 makes it illegal under state law to take or possess any non-game bird (i.e. species that are not legally hunted) or parts of such birds. This includes eggs and nests.
– Santa Rosa Municipal Code – Section 17-24.050 states that no person shall hunt, pursue, capture, kill, injure, or molest in any way any bird or animal within the city limits, with certain exceptions.
Wild birds are not owned by individuals
Based on these laws, in most cases individual wild birds spotted in Santa Rosa are not “owned” by any private citizen or organization. They are considered a protected public resource.
Simply seeing a bird, having it nest or perch on one’s property, or feeding it does not make an individual the legal owner or guardian of that bird. Birds are free entities able to roam as they please. There are a few exceptions where birds could be owned:
– Native bird species that are legally permitted to be captured and kept as pets or for research/educational purposes. But the permits for this are tightly controlled.
– Non-native (exotic) bird species that are allowed to be sold as pets, such as parrots, cockatoos, and finches. The owners of such birds must properly care for them. Escape or release of non-native birds is illegal.
– Birds that are part of conservation breeding programs at zoos, nature centers, etc. These birds are part of managed captive populations.
– Birds intentionally raised for agricultural use, such as chickens, turkeys, and pigeons. These types of birds are considered livestock and have owners.
Responsibilities for bird welfare
While individual people do not own wild birds in Santa Rosa, the city government and residents do have responsibilities for stewarding local bird populations and protecting their welfare. Some key responsibilities include:
– Following all laws and regulations pertaining to local birds – This means no hunting, killing, capturing, nest destruction, buying/selling/trading, etc. without proper permits.
– Providing safe habitat – Keeping cats indoors, limiting pesticide use, planting native vegetation, and putting up nest boxes helps support birds.
– Reporting injured/orphaned birds – Contacting wildlife rehabilitators to aid distressed birds is important. Sometimes intervention is needed.
– Harassment avoidance – It’s important not to disturb nests, feeding areas, and other vital bird sites. Special care should be taken during nesting season.
Legal steps for “claiming” a wild bird
In very limited circumstances, an individual person may be able to legally claim ownership of a wild bird in Santa Rosa. This would only apply if:
– The bird is sick/injured AND a permitted wildlife rehabilitator has determined the bird cannot be released back to the wild.
– The appropriate federal and state permits from the U.S. Fish and Wildlife Service and California Department of Fish and Wildlife are obtained.
– The city is notified and approves of the situation.
– The bird must be kept in humane conditions meeting permit requirements.
– The bird cannot be sold or traded under any circumstances.
This is very rarely approved, and only for birds that would have no chance of surviving in the wild. All other healthy birds must be released at the conclusion of rehabilitation.
Pets vs. wild birds
There is an important distinction between wild birds naturally found in Santa Rosa versus pet store birds or intentionally raised poultry in terms of ownership.
Wild native birds are meant to fly free – they are not pets. While pet birds have owners responsible for their care, wild birds live on their own without that same human custody and stewardship. Feeding, housing, photographing or viewing wild birds does not make someone an “owner”.
Freedom is inherent to their nature as wildlife. Birds that naturally occur in Santa Rosa belong to the environment as a whole. While we can influence local habitats, the birds themselves remain autonomous beings making their own survival choices each day. Even a banded bird is still primarily just a research subject, not privately owned property.
Understanding this nuance is important for properly perceiving our relationship to the natural world that surrounds us in a place like Santa Rosa. We have duties to Nature, but do not control it.
Population vs. individual ownership
Looking at the question of who owns birds in Santa Rosa from another angle – does any group or entity actually own the wild bird populations? In other words, the species collectively, not any individual bird.
The most reasonable answer is that overall population responsibility falls under the public trust doctrine. This is a legal concept that wildlife, natural areas, and other natural resources belong to everyone equally for the benefit of current and future generations.
Government agencies like the California Department of Fish and Wildlife are empowered as trustees of the total bird populations, but the populations themselves are not “owned” outright. The state manages wild bird populations as a resource using science, laws, policy, permits, and enforcement.
So while no specific person or group privately owns all wild birds in Santa Rosa, the public collectively owns them in the sense that we all share an interest and responsibility for good stewardship. But the birds retain their innate wildness and independence.
Conclusion
The question of who owns a particular bird in Santa Rosa ultimately depends on if we’re talking about a wild native species or a captive exotic pet, as well as the context of each specific situation. With few exceptions, individual wild birds are not owned by any private citizens. Yet we all share in custody of their welfare and conservation under public trust principles. This nuanced relationship demands that we tread carefully and respectfully when interacting with the avian residents of this special region. While no person can truly own a free bird, we each have a role as guardians of their wellbeing and survival.