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Kentfield bird nest purge riles animal advocates - Marin Independent Journal

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Marin animal welfare supporters are seething after workers at the Kent Middle School campus dismantled dozens of federally protected cliff swallow nests — some possibly with hatchlings inside.

“It’s actually quite atrocious that this would happen here,” said Jacquie Larkins, a Greenbrae real estate agent who said she was raised in Kentfield. “We’re really sensitive to these kinds of things.”

The estimated four dozen cliff swallow nests were swept off a ledge — where they were attached en masse under a roof overhang — during a cleaning operation in late June, according to Kelle Kacmarcik, a director at the WildCare animal rescue center in San Rafael.

Raquel Rose, superintendent of the Kentfield School District, said the work crew foreman told her it was an unplanned and unfortunate incident. She said the workers are “very sorry for the action.”

“It was done accidentally,” Rose said. “They didn’t realize it was a protected species.”

She added that the foreman said the crew members did not see any evidence the nests were still in use.

“We believe the nests were empty,” she said.

Kacmarcik said she visited the site on June 28, a few days after incident, and found an estimated 50 nests on the grass and in debris next to a building.

“We found two dead babies on the ground,” said Kacmarcik. “They could have waited until the birds were finished nesting. It probably would have only been another week.”

She said WildCare is caring for one hatchling that was recovered alive, but was bruised and dehydrated.

Kacmarcik, who was alerted to the incident by several residents, said one person told her that at least one baby bird was carried away by a crow.

“There is quite a bit of community outrage,” Kacmarcik said. “I do believe there will be a report filed.”

She said the birds and their nests are protected by the federal Migratory Birds Treaty Act of 1918.

“It’s just such a tragedy,” she added. “Not knowing is not an excuse.”

Capt. Patrick Foy, spokesman for the California Department of Fish and Wildlife’s law enforcement division, said Wednesday that he did not have an active investigation on file.  However, he said the department’s Marin County agent post has been vacant for about six months, so a report could have been filed elsewhere.

Foy said that it was “not lawful to destroy an active nest” of any kind of bird species, according to Section 3503 of the California Fish and Game Commission code.

For swallows, the state considers Feb. 15 to Sept. 1 to be nesting season, according to the University of California Agriculture and Natural Resources program.

“Completed nests cannot be touched during this breeding season without a permit from the U.S. Fish and Wildlife Service,” the university says on its website.

Foy said any additional reports may be submitted to the California Department of Fish and Wildlife at 888-334-2258.

Reports can also be submitted to WildCare at 415-456-7283.

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