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Feds Prosecuting Tree-Trimmer for Unintentionally Bruising Herons
PJ Tattler ^ | 5-29-14 | Bridget Johnson

Posted on 05/29/2014 7:25:08 AM PDT by afraidfortherepublic

The chairman of the House Oversight and Government Reform Committee is questioning the U.S. Fish and Wildlife Service about the agency’s decision to prosecute a tree-trimmer who accidentally knocked herons out of a tree.

Ernest Pulido is expected to face charges from the U.S. Attorney’s Office within a week for violating the Migratory Bird Treaty Act. He could face a maximum fine of $15,000 and six months in jail.

Pulido was hired by the U.S. Postal Service to prune trees May 3 outside an Oakland, Calif., branch, where postal officials were upset with birds pooping on mail trucks.

One branch that Pulido cut contained nesting black-crowned night herons, one of more than 1,000 species of birds protected under the act.

No birds were killed. Five were injured and taken to a bird rescue in Fairfield, where the facility said all would heal and be able to be returned to the wild. One bird suffered a fractured beak while the offers suffered bruises and scrapes. Pulido is currently paying for the birds’ care.

Even though nothing has indicated the tree-trimmer intentionally targeted the birds, Pulido is being referred for prosecution.

“The Committee is concerned that Mr. [Ernesto] Pulido is being subjected to an unfair and unnecessary prosecution because FWS is responding to public pressure to act but does not want to seek redress from a fellow federal agency, the U.S. Postal Service,” Chairman Darrell Issa (R-Calif.) wrote to Fish and Wildlife Director Daniel Ashe.

“During my time as Chairman of the House Oversight Committee, many agencies have failed to take action and the Justice Department has declined or failed to prosecute federal employees for offenses including: receiving thousands of dollars in impermissible gifts from lobbyists; watching pornography on government computers while on the job; operating private businesses from their offices; lying on official timecards for years; and spending outrageous sums of taxpayer dollars at Las Vegas conventions,” he wrote.

“When so many government workers are offered a pass, referring and prioritizing charges against a private citizen for incidental and relatively minor injuries to a non-endangered species – commissioned by a federal agency no less – appears nothing short of bureaucratic bullying.”

Issa’s letter noted the agency’s December decision to allow renewable energy producers lengthier permit periods under which they can “take” — kill, injure or disturb — bald and golden eagle populations.

By Fish and Wildlife’s own estimate, wind turbines cause a total of 33,000 bird deaths each year.


TOPICS: Business/Economy; Crime/Corruption; Government; US: California
KEYWORDS: darrellissa; fishandwildlife; herons; oakland; postoffice; prosecution

1 posted on 05/29/2014 7:25:08 AM PDT by afraidfortherepublic
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To: afraidfortherepublic

it’s a wonder they didnt string the poor guy up.

perhaps the birds were “members” of OCCUPY Oakland


2 posted on 05/29/2014 7:29:00 AM PDT by MeshugeMikey ( "Never, never, never give up". Winston Churchill)
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To: afraidfortherepublic
The chairman of the House Oversight and Government Reform Committee is questioning the U.S. Fish and Wildlife Service about the agency’s decision to prosecute a tree-trimmer who accidentally knocked herons out of a tree.

Ernest Pulido is expected to face charges from the U.S. Attorney’s Office within a week for violating the Migratory Bird Treaty Act. He could face a maximum fine of $15,000 and six months in jail.

I wonder. Is the U.S. Fish and Wildlife Service another one of the many government agencies with submachine guns, assault weapons, MRAP's, and other high caliber weapons? If so, Pulido should consider himself lucky.

3 posted on 05/29/2014 7:33:29 AM PDT by Responsibility2nd (NO LIBS. This Means Liberals and (L)libertarians! Same Thing. NO LIBS!!)
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To: afraidfortherepublic

...and never mind the thousands of eagles being killed by wind farms. They’re dying for “the right reason”.....


4 posted on 05/29/2014 7:33:29 AM PDT by clintonh8r (I wish no harm on Gen. Shinseki, but perhaps he should consider seppuku.....)
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To: afraidfortherepublic

The priorities of this administration are truly amazing.


5 posted on 05/29/2014 7:34:04 AM PDT by rhubarbk (It's official, I'm suffering from Obama fatigue!)
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To: afraidfortherepublic

Once again, the post office gets off with being stupid.

The protected birds were nesting of federal property, therefore, it is the federal agency that issued the contract that should be aware of what wildlife habitates that property, on John Q. / Jane Q. Public’s dime.


6 posted on 05/29/2014 7:35:05 AM PDT by Terry L Smith
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To: MeshugeMikey
G Gordon Liddy once said on his radio show about some endangered mice. I would hit them with a frying pan and kill them. I paraphrased it some but it was his basic intent. He was referring to a endangered mouse that was found in the house of a man I believed who lived in Colorado. His land was taken from him because they found the mouse.

I know for sure if that happened to me it would be in the ground somewhere. And this will happen over and over by people till the endangered animal is extinct because of tactics like what is happening here in this article.

7 posted on 05/29/2014 7:35:34 AM PDT by jimpick
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To: jimpick

I remember half seriously discussing placing some deceased endangered species into the crawl space of a house I once rented..to pay back a lunatic landlord...untl I realized the smell would make it far too problematic..


8 posted on 05/29/2014 7:38:09 AM PDT by MeshugeMikey ( "Never, never, never give up". Winston Churchill)
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To: jimpick
And another thing about this crap. If we are to believe in evolution the weak will die off and be replaced by a stronger species. So why are we protecting this bird from extinction.
9 posted on 05/29/2014 7:38:24 AM PDT by jimpick
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To: jimpick

You are also not allowed to harm bats. When I get one flying around in my house and the wife is screaming I just open a door and politely ask it to fly away. Yeah, that’s it. That’s what I do, really.


10 posted on 05/29/2014 7:39:39 AM PDT by shelterguy
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To: afraidfortherepublic

Windfarms pushed by watermelons (green on the outside, red on the inside) are killing thousands of birds, including bald eagles.

When do we get to take some congresspeople to jail?


11 posted on 05/29/2014 7:40:03 AM PDT by RinaseaofDs (.)
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To: afraidfortherepublic

And meanwhile at abortion clinics .....


12 posted on 05/29/2014 7:40:39 AM PDT by SkyDancer (If you don't read the newspapers you are uninformed. If you do read newspapers you are misinformed)
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To: afraidfortherepublic
By Fish and Wildlife’s own estimate, wind turbines cause a total of 33,000 bird deaths each year.

Our Bureaucrats have become despotic tyrants, they love power...

13 posted on 05/29/2014 7:40:48 AM PDT by yoe
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To: afraidfortherepublic

way too many government employees, with far too much time on their hands


14 posted on 05/29/2014 7:41:05 AM PDT by Mr. K (If you like your constitution, you can keep it...Period. PALIN/CRUZ 2016)
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To: afraidfortherepublic

But it’s OK for a federal employee to shoot Barred Owls out west because they are driving out Spotted Owls.


15 posted on 05/29/2014 7:42:03 AM PDT by Rebelbase (Tagline: optional, printed after your name on post)
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To: afraidfortherepublic

The overlords prosecute because they can. They have free reign to act as they please.


16 posted on 05/29/2014 7:49:24 AM PDT by ScottinVA (Obama is so far in over his head, even his ears are beneath the water level.)
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To: shelterguy
I've got a couple of trees that might be home to bats. (they are not; I looked) Cannot equipment within 500 ft. until after Sept.
17 posted on 05/29/2014 7:52:38 AM PDT by sasquatch
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To: afraidfortherepublic

Ernesto chose the wrong profession. He should have been an abortion doctor instead of a tree trimmer.


18 posted on 05/29/2014 7:53:00 AM PDT by FlingWingFlyer (Obama's smidgens are coming home to roost.)
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To: afraidfortherepublic

If a govt agency offered me big bucks to just sweep their sidewalk I would refuse because it might disturb the spotted snot flea habitat, or any one of the thousands of protected critters, and result in fines and jail time.

BTW, who reported the poor guy the FWS, the post office?


19 posted on 05/29/2014 8:02:05 AM PDT by CPOSharky (If a libtards lips are moving...)
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To: Mr. K

You nailed it.


20 posted on 05/29/2014 8:02:07 AM PDT by Eric in the Ozarks (Rip it out by the roots.)
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To: afraidfortherepublic
Ernest Pulido is expected to face charges from the U.S. Attorney’s Office within a week for violating the Migratory Bird Treaty Act. He could face a maximum fine of $15,000 and six months in jail.

Treaties do not specify criminal penalties.

One branch that Pulido cut contained nesting black-crowned night herons, one of more than 1,000 species of birds protected under the act.

It is a very common bird.

“The Committee is concerned that Mr. [Ernesto] Pulido is being subjected to an unfair and unnecessary prosecution because FWS is responding to public pressure to act but does not want to seek redress from a fellow federal agency, the U.S. Postal Service,” Chairman Darrell Issa (R-Calif.) wrote to Fish and Wildlife Director Daniel Ashe.

My guess is that the postal workers had already been advised by other contractors that dealing with the birds would cost a bundle. Given that Pulido was directed to do the job without informing him, my take is that they were using him as a patsy.

21 posted on 05/29/2014 8:24:33 AM PDT by Carry_Okie (The tree of liberty needs a rope.)
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To: afraidfortherepublic

Create multiple laws that the public doesn’t know about or understand. Enforce them arbitrarily, with excessive force so as to keep the public in doubt and fear.
One more step towards totalitarianism.


22 posted on 05/29/2014 8:25:34 AM PDT by I want the USA back (Media: completely irresponsible. Complicit in the destruction of this country.)
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To: afraidfortherepublic

Birds have more legal protection than unborn human babies.


23 posted on 05/29/2014 9:02:44 AM PDT by Blood of Tyrants (Haven't you lost enough freedoms? Support an end to the WOD now.)
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To: MeshugeMikey
perhaps the birds were “members” of OCCUPY Oakland

They may be, crapping on Post Office trucks.

24 posted on 05/29/2014 9:14:49 AM PDT by BerryDingle (I know how to deal with communists, I still wear their scars on my back from Hollywood-Ronald Reagan)
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To: afraidfortherepublic

If he had been trimming branches using a windmill, it would have been OK.


25 posted on 05/29/2014 10:07:18 AM PDT by PTBAA
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To: MeshugeMikey
I remember half seriously discussing placing some deceased endangered species into the crawl space of a house I once rented...

But with a little imagination, you could place several carcasses of these "protected" birds in and around the buildings of the U.S. Fish and Wildlife Service' office buildings. Just kidding.

26 posted on 05/29/2014 10:48:40 AM PDT by VRW Conspirator (Global Warming is caused by illegal immigrants!)
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To: afraidfortherepublic
Kill a veteran - nothing.

"Bruise" a Heron, off with their head!!!

27 posted on 05/29/2014 12:09:12 PM PDT by uncommonsense (Liberals see what they believe; Conservatives believe what they see.)
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To: VRW Conspirator

Or HHS or the IRS!


28 posted on 05/29/2014 6:01:39 PM PDT by MeshugeMikey ( "Never, never, never give up". Winston Churchill)
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