Landlord May Have Violated Federal Law in Death of Nesting Herons

A Solana Beach landlord who ignored the pleas of horrified neighbors and cut the branches off a 50-foot eucalyptus tree last Saturday, killing several baby herons and stranding a dozen more, may have violated state and federal laws, a state Department of Fish and Game official said Tuesday.

Lt. Robert Turner, supervisor of the northern San Diego County division of Fish and Game, confirmed that his office is investigating the incident in the 300 block of North Sierra Avenue.

Neighbors said Bruce Berend, who rents out the property, complained about messy bird droppings and the constant loud, hoarse squawking made by the roosting green night herons. Berend did not return several phone calls Tuesday.

Although neighbors say he had been warned about tampering with the tree, early Saturday morning he had a tree service cut off the branches. About a dozen residents gathered to protest.

“It was a horrifying thing to see,” said Natalie Polselli. “Birds were flying frantically, babies were running all over the neighborhood, hiding in bushes. It was just terrible.”

About 35 birds in the rookery were either killed or displaced, Polselli said. Eight of the herons were taken to Bob Farner’s Wildlife Rescue and Education Center in Valley Center. Six were in good shape, but two required intensive care, the center’s Jo Southwell said.

Several dead birds were found in a Dumpster near Earl Warren Junior High School the day after the tree was trimmed.

Two eggs found in the Dumpster were rushed to a nearby animal hospital and later handed over to Wildlife Center of San Diego. One hatchling survived, but the other bled to death, said Laura Martin of the Center.

Turner said the local office of Fish and Game has been swamped with calls since a videotape of the incident, shot by a resident, aired on KNSD-TV (Channel 39) Sunday night. On the video, birds can be seen falling out of the branches.

“There are a lot of irate people out there,” Turner said.

Under the state Fish and Game Code, it is a misdemeanor, punishable by up to one year in jail and $1,000, to destroy nests or eggs of any bird. Each nest, egg or bird could represent a separate count, Turner said.

Berend might have violated the federal Migratory Bird Treaty Act, which prohibits disturbing the nests or eggs of migratory birds, Turner said.

If Fish and Game concludes that violations occurred, the agency has a year to submit the results of its investigation to the district attorney for possible prosecution, Turner said.

Neighbor Tracy Leddy said Berend assured neighbors that he would take care of the birds, and that he was seen “carrying several bucketfuls of nests into his garage.” If Berend had waited a few months, the birds, which migrate to the area from the north, would have left on their own, Leddy said.

“It’s a total injustice,” said Leddy. “The birds are helpless, they can’t defend themselves.”

“He picked the wrong community to do that in,” said neighbor Marci Plopper, whose son found the birds in the Dumpster. “We just don’t do things like that here.”