Report on legislation to prohibit the use of live pigeons for targets at trap shoots and block shoots

February 12, 2018

Honorable Mike Stack
President, Pennsylvania State Senate
200 Main Capitol Building
Harrisburg, PA 17120

Re:      Support of S.B. 612 (2017-2018)

Dear Lieutenant Governor Stack:

On behalf of the Animal Law Committee of the New York City Bar Association, we write to urge the Senate to approve S.B. 612, an Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in riot, disorderly conduct and related offenses, further providing for the offense of cruelty to animals. This bill would prohibit the use of live pigeons for targets at trap shoots and block shoots.[1] We understand that the Philadelphia Senate had approved a predecessor bill in 2014 and that the Governor was prepared to approve the bill, but that it expired without a vote in the House of Representatives.

The New York City Bar is an independent non-governmental organization of more than 24,000 lawyers, law professors, and government officials, principally from New York City but also from throughout the United States and 50 other countries. The Animal Law Committee is the first committee of its kind in the country and has a history of supporting federal, state, and local anti-cruelty legislation, including legislation to prohibit “canned hunts” involving the shooting of tethered animals and animals shot in confined areas.[2]

This bill is of concern to the New York City Bar Animal Law Committee because we understand that many of the pigeons used for the Pennsylvania trap shoots are: (1) illegally captured in New York City and transported across state lines in violation of Article 11 of the New York Environmental Conservation Law (“Env. Cons. L.”); (2) procured, harmed, and carried in violation of New York’s animal cruelty law in Sections 353 and 359 of the New York Agriculture and Markets Law (“Ag. & Mkts L.”); and (3) subjected to unconscionable cruelty in the trap shoots.

At the trap shoots (also called pigeon shoots), which occur throughout the year,[3] thousands of pigeons, both feral and domesticated, are released from mechanical traps and shot.[4] According to one news report, over 25 pigeon shoots occurred in Pennsylvania in 2016.[5] In Hulsizer v. Labor Day Committee, Inc., 557 Pa. 467, 471-72 (1999),[6] the Supreme Court of Pennsylvania described the unconscionable cruelty involved in one of the trap shoots, noting that hundreds of pigeons suffered a slow and painful death, were denied veterinary care, and in some cases, had their heads torn off and bodies smashed by children hired to collect their bodies:

During a shoot, four to six thousand pigeons become the targets of gunfire. Of these, over five hundred die immediately from their wounds. Hundreds of other pigeons, however, suffer a slow and painful death, for their wounded bodies fall outside of the circled area or outside of Hegins Park, and they are never retrieved by appellee [host of the pigeon shoot] or provided any veterinary or other care. They eventually die from their wounds or starvation. An additional two thousand or more wounded birds fall within the circled area, and they suffer pain until they are eventually killed. They are not given any sustenance, drink, or veterinary care. Instead, they lie on the ground until the shooter has completed a full round of shots, a process that often takes several minutes. Then, the trapper boys retrieve the wounded pigeons from the circled area and kill them by a variety of methods. These include tearing the birds’ heads from their bodies, throwing or smashing them against objects on the ground, crushing the birds by falling on them, and suffocating the birds by tossing them into a barrel filled with other dead and dying pigeons. All of these methods are contrary to accepted veterinary methods of euthanasia and cause the birds additional pain and suffering. Wounded pigeons also fly into the crowd of spectators, who further injure and kill them. Spectators ostensibly derive great enjoyment from this chance to participate in the slaughter.

Recent videos of the Pennsylvania trap shoots show that the practices described by the Supreme Court in Hulsizer continue and are prevalent at pigeon shoots hosted by various organizations.[7] In Seeton v. Adams, 50 A.3d 268, 277 (Pa. Commw. Ct., 2012), the Commonwealth Court of Pennsylvania stated in dicta, “It is truly shocking that live, not clay, pigeons are catapulted into the air for target practice.”

It is believed that, because there is a constant demand for birds to supply these events, the trap shoots induce unlawful poaching activity in nearby New York City where pigeons are plentiful and relatively comfortable near humans.[8] Residents in New York City have repeatedly witnessed individuals scattering seeds, throwing a net over the birds attracted by the seeds, and placing the birds in the back of a vehicle.[9] The NYPD has made multiple arrests in connection with the illegal netting of pigeons in New York City.[10] It is believed that the pigeon netting usually occurs a few days before a pigeon shoot. For example, on July 29, 2015, a few days before a large pigeon shoot in Pennsylvania, a person was arrested for netting pigeons in New York City.[11]

In response to complaints of pigeon nettings, the New York City government stated on its website that trapping pigeons without a permit is illegal.[12] The New York City Department of Parks and Recreation’s spokesperson Crystal Howard warned, “Don’t steal our animals . . . Pigeons are core to the character of New York City, and it is illegal and dangerous to remove animals from New York City parks.”[13] And New York City’s largest wildlife rehabilitation organization has voiced concern that New York City’s wild birds, including birds that were rehabilitated by the organization itself, are being illegally stolen for the Pennsylvania pigeon shoots.[14]

Both the netting and the subsequent transport of pigeons from New York into Pennsylvania violate the New York State Environmental Conservation Law.[15] The procurement of pigeons in New York for use in the Pennsylvania trap shoots also constitutes per se cruelty under New York’s animal cruelty law. New York Agriculture & Markets Law section 353 prohibits, among other things, the procurement of any animal for the purpose of being tortured, unjustifiably injured, maimed, mutilated or killed.[16] New York Agriculture & Markets Law section 359 prohibits carrying an animal in a cruel manner. In addition, the use of pigeons illegally collected in New York State violates the federal Lacey Act, 16 U.S.C. § 3372(a)(2)(A), because the pigeons are collected in violation of New York State law.[17]

Since 1902, New York has prohibited pigeon shoots due to their inherent cruelty.[18] Senator Slater, one of the original bill sponsors, stated that pigeon shooting tournaments were unquestionably cruel, comparing the activity to shutting a doe in a barn, scaring her out, and shooting at her from twenty yards away.[19] In 1903, The American Almanac, Year Book, Cyclopedia and Atlas reported, “[I]t was shown that at these so-called tournaments many birds were only wounded and were allowed to escape and die after suffering several days from the effects of the shot in their bodies. The sport was shown to be so brutal, and in every respect so demoralizing, that sportsmen throughout the State rejoiced at the passage of the bill.”[20]

In addition to per se cruelty, necropsy reports have indicated that once captured for the Pennsylvania trap shoots, the wild birds are deprived of food and drink in further violation of Ag. & Mkts. L. section 353.[21] Responding to citizens’ complaints about illegal pigeon nettings and prosecuting the netters diverts New York’s law enforcement, prosecutorial, and judicial resources away from other priorities.[22] If Pennsylvania enacts this legislation, the pigeon nettings will undoubtedly decline or cease altogether because there is apparently no other economic incentive for illegally netting thousands of pigeons on our streets.[23] We, therefore, urge you to pass this bill to prohibit trap shoots in consideration of the criminal activity it promotes in New York.

In addition, we note that a prohibition of pigeon shoots appears to be consistent with Pennsylvania’s existing anti-cruelty law, 18 Pa.C.S.A. section 5511(c), which protects animals from cruelty, abuse, neglect, abandonment, and the deprivation of sustenance, drink, shelter or veterinary care. The law that allows birds to be shot on regulated hunting grounds does not allow the practice of pigeon shoots.[24] The Pennsylvania Bar Association also supports the end of live pigeon shoot[25] as does a majority of the public.[26] Unfortunately, one Pennsylvania county prosecutor has maintained that legislation is necessary to prohibit pigeon shoots.[27] We disagree with that position, and note that the prosecutor’s position is contrary to other states’ positions concerning the legality of pigeon shoots under similar state anticruelty laws.[28]  Legislation expressly banning trap shoots would swiftly put an end to these cruel practices and provide absolute clarity to local prosecutors and the public.

Thank you for your consideration.

Sincerely, 

Lori Barrett-Peterson

Cc:

Governor Tom Wolf
Governor’s Correspondence Office
508 Main Capitol Building
Harrisburg, PA 17120

Hon. Mike Turzai
Speaker
Pennsylvania House of Representatives
139 Main Capitol
PO Box 202028
Harrisburg, PA 17120-2028

Hon. Stewart J. Greenleaf
Chair, Judiciary Committee
Pennsylvania State Senate
Senate Box 203012
Harrisburg, PA 17120-3012

Hon. Patrick M. Browne (Bill Sponsor)
Pennsylvania State Senate
281 Main Capitol
Harrisburg, PA 17120

Hon. Dave Reed
Chair, Rules Committee
Pennsylvania House of Representatives
110 Main Capitol Building
PO Box 202062
Harrisburg, PA 17120-2062

Hon. Ronald S. Marsico
Chair, Judiciary Committee
Pennsylvania House of Representatives
315J Main Capitol
PO Box 202105
Harrisburg, PA 17120-2105