Question: You recently had a column regarding a neighbor feeding birds and creating a mess (bit.ly/1Gai5Dc). The response from the state Department of Health was essentially "nothing can be done." However, this response seems to apply only to a government entity taking action. What can a homeowner/resident legally do to address this his- or herself? Is it legal to trap or poison unwelcome, mess-making animals on your property? How about random audio bursts that scare off the birds?
Answer: If the birds are feral, such as chickens, pigeons and peafowl, no permit is required to catch, possess or kill them.
However, most other birds are protected under Chapter 13-124 of the state Department of Land and Natural Resources’ Administrative Rules: files.hawaii.gov/dlnr/dofaw/rules/Chap124.pdf.
"Indigenous, threatened or endangered wildlife, as well as introduced wild birds, are protected by law; feral birds are not," said Jason Misaki, DLNR’s Oahu wildlife manager.
As in any case, any action must always be done with the consent of the landowner, he added.
Feral birds are defined as "having escaped or been released from domestication and reverted to a wild state over several generations."
Introduced wild birds are defined as "any non-domesticated species of birds introduced or imported to Hawaii by humans and living in a wild state, other than game birds."
That would include such common birds as mynahs, doves and cardinals, Misaki said.
If the bird in question is not feral, you would need to obtain a wildlife control permit from DLNR.
The permit "covers the destruction or possession of the bird," Misaki said. "Other laws regulate the actions required to accomplish permitted activities," such as the use of firearms, poisons and traps.
However, under Section 13-124-7 (h) of DLNR’s Administrative Rules, "No permit is required merely to scare or herd depredating (plundering or ravaging) wildlife other than endangered or threatened species of wildlife."
The best advice if you’re considering taking action against any bird or animal is to contact DLNR.
"Unless they are listed on the Injurious Species List, the department will make the determination of the status of the birds, based on the definition in the chapter," Misaki said.
It can also recommend a plan of action in the permit-approval process, he said, when asked about "random audio bursts." Consultation is not required for dealing with feral species, he said.
Call the Oahu wildlife office at 973-9786 or email Jason.C.Misaki@hawaii.gov.
Question: How should a widow be addressed: Ms. or Mrs.?
Answer: There is no legal or socially binding rule on this.
It’s up to the woman, although the traditional form of address and one said to be preferred by most widows is "Mrs. John Doe."
"Ms." is used by women who do not want to indicate a marital status, while "Mrs. Jane Doe" traditionally is used by divorced women, according to the protocol experts.
Mahalo
To two kind strangers. First, to the honest person who found and returned my handbag at Longs Manoa. I was in a rush and had many things on my mind and left my handbag in the shopping cart. I did not discover this until I got home. With a sinking heart, I raced back to Longs, praying all the way. Lo and behold, a wonderful woman had found and turned it in to Longs. Mahalo also to another kind person who also found and returned my handbag on another occasion, this time at Home Depot. I hope this won’t be a habit! Neither left their names for me to thank them personally. — L.L.
Mahalo
To the person who found and turned in a gold iPhone to Lost and Found at Aloha Stadium. The University of Hawaii had played and won their last home game and it was a happier weekend to be able to claim my phone on Monday. — Online Again
