Don't Touch That Bird!

Skylar Capo, an 11-year old girl from Fredricksburg VA thought she was being a humanitarian.  She is an “aspiring Veterinarian and when she saw her family Cat about to eat a baby Woodpecker in her Father’s backyard, she raced to save the bird.

"I've just always loved animals, I couldn't stand to watch it be eaten," said Skylar Capo

Skylar searched for the baby Woodpecker's mother, but couldn’t find it, so she and her Mother, Alison Capo, agreed to take it home. "She was just going to take care of it for a day or two, make sure it was safe and uninjured, and then she was going to let it go," said Alison Capo.

On the way home, they stopped at a Lowes in Fredericksburg and they brought the bird inside because of the heat. That's when they were confronted by another shopper who said she worked for the U.S. Fish and Wildlife Service. 

"She was really nervous. She was shaking. Then she pulled out a badge," said Capo.

The problem…apparently, is that the Woodpecker is a protected species under the Federal Migratory Bird Act.  Thus, the logic goes (the law apparently) it is illegal to “take or transport” a baby woodpecker.  The Capo family says they had no idea.

So, nervous about being confronted by the long arm of the law for saving a baby bird, as soon as the Capo family got home, they opened the cage, the bird flew away, and they reported that fact to the U.S. Fish and Wildlife Service.

"They said that's great, that's exactly what we want to see," said Capo. "We thought that we had done everything that we could possibly do."

But, about two weeks later, that same woman from the U.S. Fish and Wildlife Service showed up at Capo's front door. This time, Capo says the woman was accompanied by a state trooper.  Capo refused to accept a citation, but was later mailed a notice to appear in U.S. District Court for unlawfully taking a migratory bird.  She's also been slapped with a $535 fine.

"I feel harassed and I feel angry," said Capo.  "Kids should be able to save a baby bird and not end up going home crying because their mom has to pay $535. I just think that's crazy," said Skylar.

If convicted, Capo could face up to a year behind bars.  Which Capo though?  Alison the mother, or poor 11-year old Skylar!

This is a very concerning story and it relates to an article I recently read, which said that there are now so many federal laws on the books, the average citizen could be breaking laws without even realizing it. I mean who among us would think that saving a baby Woodpecker would be a crime?  And we wonder why people are so depressed and feel totally de-motivated?