[Bluebird-babble] HOSP control in CO?

[Cynthia Stengel]

Hello,
I live 10 miles SE of Durango in southwest CO.  I have a small bluebird 
trail (5 boxes).  Currently chickadees are nesting in one, and 
mountain bluebirds in another (yeah!).  I had tree swallows 
nesting in one of the other boxes, but it was driven out by 
HOSP.  (Another box also has Trees very interested.)
   I called our local Division of Wildlife to ask if it 
was legal to trap HOSP in Colorado and was told it was only 
legal if the bird was "damaging crops, real or personal 
property, or livestock".  The person specifically said that if 
they were driving birds out of nest boxes that this "was nature" 
and it was not legal to trap them for that alone.  Sigh.  
The person also seemed to be saying that removing the nest 
material and other passive controls, such as using a sparrow 
spooker, were also illegal.  Can you clarify for me what
 is allowed in terms of HOSP control in Colorado (I had this weird feeling that the DOW woman didn't know the kind of bird I was talking about, hope I am wrong, she kept saying HOSP was protected by the International Migratory Bird Act---while I kept saying they weren't...) and what your experience has been with CO DOW rules?  I have not let the bird nest, and will not even if I have to take down the box.  Thanks for any info you 
can give me.  I'm new to this list and to bluebird box monitoring, but have been an avid birder for a zillion years. Great to have this resource! 
  Thanks so much.
Cynthia in Durango


       
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