Bernese man illegally removes crow nests: charges filed
While the intelligent birds are a true wonder of nature for some, others are bothered by the loud cawing of these sociable animals or by droppings on their car or park bench.
A 59-year-old man was convicted on Tuesday by a court of first instance for removing crow nests from a tree in March 2018 in order to deter the birds.
He would definitely appeal the verdict to the Bernese Court of Appeal, he said upon leaving the court. “That is one hundred percent certain.»
Single judge Andrea Gysi of the Regional Court of Bern-Mittelland had previously found the man guilty of removing four to five nests from a tree in the Bern district of Breitenrain-Lorraine during the closed season and without a permit. Gysi sentenced the man to a suspended fine of 20 daily rates of 100 francs each.
In doing so, she upheld a penalty order issued in summer 2018, which the accused had contested. As a result, the case ended up before the Regional Court in Bern.
Crows were to be deterred
In March 2018, the man hired a company with a lifting platform to remove crow nests from a tall tree in front of his son's property. The aim was to deter the crows.
He had found neither crows in the tree nor eggs in the nests on that March day, the man emphasized before the court. Furthermore, he had only removed nests from the previous year from the tree. Fresh nests that were still under construction had been left in the branches.
Intervention during the closed season
From the accused's perspective, there was no question of disturbing the breeding process, since crows do not lay eggs in unfinished nests. It is undisputed that the action took place in March during the closed season for rooks. However, the accused argued in his defence that the closed season applied only to hunting, not to deterrence measures, and called for an acquittal.
The judge, however, saw it differently:
The purpose of the closed season is to allow birds to breed undisturbed. Accordingly, deterrence measures are also prohibited.
Furthermore, the man should have informed the wildlife authority or the responsible municipal office in advance about the action, because the tree near the property boundary stands on public land. The judge cited the relevant provision from an information sheet on rooks issued by the City of Bern, which was known to the accused, as he himself had also quoted from it — though from a different passage.
In her reasoning for the verdict, the judge also referred to the fact that the day after the action, eggshells were found under the tree. This indicated that there must have been eggs and that the crows, even if they were not visible on that day, had been in the process of incubating.
Not the most pleasant neighbours
More than half of all rooks in Switzerland nest in cities. The crow colonies are frequently found in avenues or parks with tall trees. To feed, the crows fly out to agricultural areas.
The sociable birds are not always welcome guests, as they cause noise and mess — droppings in particular are a problem. The clever birds are difficult to drive away. Since 2010, the rook has no longer been on the list of endangered breeding birds in Switzerland.
