No charges against troopers who clubbed seagulls

By SCOTT GUTIERREZ
SEATTLEPI.COM STAFF
King County prosecutors have decided not to
file animal cruelty charges against two state troopers who killed three
seagulls at the Colman Dock in July, the Prosecutor's Office announced
Thursday.


Read the prosecutor's statement explaining why no charges were filed against the troopers

"The troopers used poor judgment, but there is no evidence to
suggest that they acted with malice which is a requirement for criminal
charges to be filed. Rather, they were attempting, in a misguided way,
to alleviate a genuine problem at the ferry terminal in a way that is
generally consistent with how the problem would have been handled if
the USDA or the Washington State Department of Fish and Wildlife had
been called," prosecutors said in a statement.

The troopers, who provide security at the ferry docks, were asked by
the state ferry workers to do something about the seagulls, which were
aggressively swooping down on passengers and ferry employees, according
to the news release. The seagulls had nested atop administrative
offices at the terminal.

The troopers used their batons to club the seagulls. A trooper cadet was present but did not take part in the clubbing.

Prosecutors first reviewed the troopers' actions under the state's
law for second-degree animal cruelty, but did not have evidence to
support the charge.

"The troopers killed the young seagulls quickly using their batons
to deliver blows to the birds' heads. They took these actions under the
color of state regulatory authority granted to state agents, such as
Fish & Wildlife officers and in limited circumstances, state
troopers," the statement said. " Under state law, state agents are
allowed to kill wildlife for limited purposes. Because seagulls fall
into the category of wildlife and because troopers have authority under
state law to regulate wildlife, including up to killing wildlife in
limited circumstances, the animal cruelty statute does not apply."

The case was instead reviewed for a potential charge of Unlawful
Taking of Protected Fish or Wildlife, a misdemeanor. But prosecutors
say they had no evidence showing the troopers "acted with malicious
intent or hunted without authority."

Prosecutors say the state ferry system contracts with the state
division of wildlife services and the U.S. Department of Agriculture to
deal with aggressive seagulls defending their nests. If USSA agents
have to kill seagull chicks, they use carbon dioxide or shoot them in
the head with an air rifle, which follows state and federal law,
according to the Prosecutor's Office.

At least one of the troopers was aware of the USDA's policies. By
law, "state agencies such as the Department of Fish and Wildlife and
the State Patrol also have legal authority to remove animal life to
prevent substantial harm to others," according to the Prosecutor's
Office.

The troopers erroneously thought they were acting in accordance with
the State Patrol's policies on dealing with threatening animals, which
allows for killing animals in self defense and to prevent substantial
harm to others, or when it would be humane to kill an animal that is
badly hurt and suffering.

Since the troopers have been cleared of criminal wrongdoing, they
will return to duty while the State Patrol conducts an internal
investigation, WSP spokesman Bob Calkins said.

The cadet will not be included in the internal investigation, which
could result in sanctions such as retraining or discipline, he said.

"Their commander will make a decision on the best remedy," he said.

As result of the incident, the State Patrol and ferry system now
have clarity on who handles animal problems at the ferry docks, Calkins
said.

"Unless it's a life-threatening situation, the State Patrol will not
be handling animal problems at state facilities. We will leave that to
trained professionals. Trained wildlife agents will handle wildlife
issues," he said.


Scott Gutierrez can be reached at 206-448-8334 or scottgutierrez@seattlepi.com

State ferries gull-killing plan has long roots

By JERRY CORNFIELD
THE HERALD



EVERETT, Wash. -- Federally sanctioned
killing of gulls at state ferry facilities began a decade ago after an
Edmonds terminal worker contracted an illness linked with exposure to
bird feces.

As that employee recovered from a bout of
psittacosis, the state developed plans to keep facilities clean of bird
droppings and signed up with a federal agency to keep gulls from
roosting in areas heavily used by workers and riders.

Since
1999, the state has spent roughly $1 million on the effort. It includes
$316,087 for cleaning up the poop, which must be handled as a hazardous
waste. The remainder has gone to the U.S. Department of Agriculture
Wildlife Services Program to use lethal and nonlethal means to curb
gulls' presence in and around terminals. This year's contract costs
$67,315.

"We take the health and safety of our customers and our employees very seriously," said ferries spokeswoman Marta Coursey.

"Balancing
the needs of our marine wildlife with the needs of the traveling public
is of paramount importance to us, and comes at a significant cost," she
said.

Ninety percent of what the agency workers do to control
birds is nonlethal, said Ken Gruver, assistant state director for
Washington and Alaska Wildlife Services program.

Every couple months, licensed agency workers carry out nighttime raids in which birds are forcibly removed and slain.

On
average, about 60 gulls are killed each year. While it is likely some
deaths occur at the Edmonds, Mukilteo and Clinton terminals, Gruver and
Coursey each said statistics are not kept on how many birds are killed
at each of the state's 20 terminals.

"We're not going out
there to try to wipe out all the gulls. Only gulls posing a threat to
human health and safety are removed," Gruver said.

Different
methods are used to make the birds seek other places to hang out. For
instance, netting with holes too small for the birds to get through and
too flimsy to hold their weight may be installed in some areas. Another
diversionary tactic involves putting spikes on structures to prevent
birds from landing.

The public became more widely aware of
the policy of killing gulls since two Washington State Patrol troopers
clubbed a couple of gulls to death at a ferry terminal in downtown
Seattle last month.

What the troopers did was not part of the
federally sanctioned program and the two have been placed on leave
during an investigation of their actions.

Two means of
euthanizing gulls are used. Nests found in terminal structures are
removed by hand and the young birds typically are gassed with carbon
dioxide in an aluminum chamber about the size of a microwave oven.
Adults often are killed with low-velocity pellet guns.

Both methods are approved by the USDA as humane, Gruver said.

Gulls are a federally protected migratory bird, though not an endangered species.

They
are known to swoop in and devour juvenile salmon. The federal agency is
contracted to remove them from places such as the Columbia River to
help protect the fish. It is permitted to remove up to 4,000 gulls a
year statewide including those at ferry terminals, Gruver said.

~END~