CANADA GEESE @ THE MARINA PLAYA APARTMENTS IN SANTA CLARA, CALIFORNIA

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Spring is here again and the Canada Geese have returned to roost and reproduce at the Marina Playa Apartments here in the Birdland Neighborhood region. Many years ago the City of Santa Clara illegally destroyed the 1333 Lawrence Expressway property for a new building development; making the Marina Playa Apartments protected, mitigated wildlife habitat in the process. (see link below) Every year there are always a few nutty and/or psychopathic folks who actually want to harm these beautiful and graceful animals; but doing so would break the law. Humans cannot be legally harassed or harmed; and protected animals cannot be harassed or harmed either. I understand we are beginning a "New Psychopathic Republican Presidential Era"; but that is not changing wildlife and/or human protections here in California – if anything it is strengthening them. The Canada Goose is protected under the Federal Migratory Bird Act; and also protected under California law as well – as California leads the nation with the strictest laws punishing abuse of, cruelty towards or neglect of animals. These laws protect domesticated pets, stray animals, wild animals and farmed animals. What is the bottom line here? Humanity and/or sanity 'trumps' inhumanity and/or insanity. It always did; and it always will...

1) Title 14. MALICIOUS MISCHIEF - California Penal Code Section 597:(b) Except as otherwise provided in subdivision (a) or (c), every person who overdrives, overloads, drives when overloaded, overworks, tortures, torments, deprives of necessary sustenance, drink, or shelter, cruelly beats, mutilates, or cruelly kills any animal, or causes or procures any animal to be so over driven, overloaded, driven when overloaded, overworked, tortured, tormented, deprived of necessary sustenance, drink, shelter, or to be cruelly beaten, mutilated, or cruelly killed; and whoever, having the charge or custody of any animal, either as owner or otherwise, subjects any animal to needless suffering, or inflicts unnecessary cruelty upon the animal, or in any manner abuses any animal, or fails to provide the animal with proper food, drink, or shelter or protection from the weather, or who drives, rides, or otherwise uses the animal when unfit for labor, is, for each offense, guilty of a crime punishable pursuant to subdivision (d). > GO TO: http://law.onecle.com/california/penal/597.html 

2) ENDANGERED SPECIES ACT | REGULATIONS AND POLICIES | DEFINITION OF "HARM" [Federal Register: November 8, 1999 (Volume 64, Number 215)][Rules and Regulations] [Page 60727-60731] From the Federal Register Online via GPO Access [wais.access.gpo.gov][DOCID:fr08no99-20] [[Page 60727]] 

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DEPARTMENT OF COMMERCE / National Oceanic and Atmospheric Administration / 50 CFR Part 222 [Docket No. 980414094-9287-02; I.D. No. 091797A] RIN 0648-AK55 / Endangered and Threatened Wildlife and Plants; Definition of ``Harm'' / AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule.

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SUMMARY: This final rule defines the term "harm", which is contained in the definition of "take" in the Endangered Species Act (ESA). The purpose of this rulemaking is to clarify the type of actions that may result in a take of a listed species under the ESA. This final rule is not a change in existing law. It provides clear notification to the public that habitat modification or degradation may harm listed species and, therefore, constitutes a take under the ESA as well as ensuring consistency between NMFS and the Fish and Wildlife Service (FWS). This final rule defines the term "harm" to include any act which actually kills or injures fish or wildlife, and emphasizes that such acts may include significant habitat modification or degradation that significantly impairs essential behavioral patterns of fish or wildlife. > Go to: http://www.fws.gov/endangered/laws-policies/definition-of-harm.html

Legal Defenses -- Animal abuse has always been a socially relevant issue. This is partly because: 1) animals are often unable to defend themselves and therefore must be given special protection, and; 2) partly because there are many studies suggest that those who abuse animals are likely to commit other criminal acts as well.  SEE ALSO: WILDLIFE HARASSMENT @ http://www.examiner.com/topic/wildlife-harassment

GO TO: THE CITY OF SANTA CLARA + 1333 LAWRENCE EXPRESSWAY + THE MARINA PLAYA APARTMENTS ETC = LAX ENVIRONMENTAL PROTECTION ETC @ http://addendumblog1.blogspot.com/2013/12/the-city-of-santa-clara-1333-lawrence.html + CITY OF SANTA CLARA EX-MAYOR PATRICIA MAHAN AND/OR DESTRUCTION OF DOCUMENTS @  http://addendumblog1.blogspot.com/2015/04/city-of-santa-clara-ex-mayor-patricia.html + FLORA VISTA AVENUE IN SANTA CLARA, CALIFORNIA @ http://addendumblog2.blogspot.com/2016/05/flora-vista-avenue-in-santa-clara.html + MARINA PLAYA DUCK FLYER @ http://addendumblog1.blogspot.com/2015/03/marina-playa-duck-flyer.html + SEE ALSO: TITLE 18, U.S.C., SECTION 242 @ http://addendumblog2.blogspot.com/2016/04/title-18-usc-section-242.html

FIRST CANADA GOOSE FAMILY
@ THE MARINA PLAYA APARTMENTS IN 2011

 *TO REPORT BIRD HARASSMENT; KILLING AND/OR DESTRUCTION OF BIRD NESTS: RECORD VIDEO EVIDENCE IF POSSIBLE; THEN CALL THE CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE @ (888) 334-2258 AND/OR THE U.S. FISH AND WILDLIFE SERVICE NORTHERN CALIFORNIA @ (916) 414-6464

BIRDLAND NEIGHBORS @ THE PETERSON TRACK

NOTE: MANY ARE IN DENIAL REGARDING THE GLOBAL WARMING PHENOMENON; BUT I SUPPOSE THE BEST AND MOST OBVIOUS PROOF OF GLOBAL WARMING IS THE INFLUX OF CANADA GEESE FROM NORTHERN REGIONS -- THE INCREASED PRESENCE OF THESE GRACEFUL ANIMALS ARE THE "CANARY IN THE COALMINE" REGARDING GLOBAL WARMING -- IN OTHER WORDS; WHY ELSE WOULD A BUNCH OF BIRDS FROM THE FROZEN NORTH BE SPREADING TO WARMER SOUTHERN REGIONS? 

"THIS IS THE BIRDLAND NEIGHBORHOOD...GET USED TO IT..."
-- THE DUCK LIBERATION FRONT (AND/OR D.L.F.)