CBS News/ August 4, 2011, 11:32 AM

Girl saves woodpecker, but her mom fined $535

Skylar Capo and the woodpecker she rescued and released. / CBS

While at her father's house near Fredricksburg, Va., on June 13, 11-year old Skylar Capo rescued a baby woodpecker from being eaten by her cat.

An avid animal-rescuer, Skylar was excited when her mom, Alison, agreed that she could nurse the bird back to health.

Alison told CBS News, "She was just going to take care of it for a day or two and let it go."

On the way home, the family stopped at a Lowe's store, bringing the bird with them to shield it from the heat in the car.

Inside the store, a woman confronted them, saying she was from the U.S. Fish and Wildlife Service. What the Capos didn't know was that, under the Federal Migratory Bird Act, it is a crime to take or transport a woodpecker.

Skylar said, "I was a little bit upset, because I didn't want my mom to get in trouble."

However, her mother did get in trouble. Two weeks later, the Capos got an unexpected visit from the same officer they met at Lowe's, accompanied by a Virginia State trooper. Although the Capos released the woodpecker, Alison was issued a $535 citation.

At the time, Alison said, "I feel harassed and I feel angry."

Alison refused to take the ticket because she was no longer in possession of the bird. But last week -- more than a month after her confrontation with the wildlife officer -- she received notice of the fine in the mail.

But according to the U.S. Fish and Wildlife Service, "The citation was processed unintentionally," and the agency apologized for "the clerical error."

On "The Early Show," Skylar and Alison shared their story.

Skylar said she helped the woodpecker because it "was a really, really cute bird."

"I just couldn't see my cat kill it and bring it up to my porch," she said.

Alison said getting a fine for taking in the bird was "the most ridiculous thing" she's ever heard.

She added, "It was also sending a bad message to (Skylar), because she had gone out and tried to do something she thought was a good deed and something that was just natural to her, because she's always loved animals."

Alison continued, "They were basically saying, 'Well, if you do this, we're going to slap your mom with a $535 fine and a year possible jail time,' so (Skylar) was pretty scared."

As for the woman the family met at Lowes who said she was from the U.S. Fish and Wildlife Service, Alison Capo said, "I don't know if she thought it was going to be in a cage in our kitchen and it was our family pet. I have no idea. I didn't want a woodpecker for a pet, for sure."

Skylar added, "I knew we had to let it go. I don't want big holes in my room in the drywall everywhere."

Though Skylar says she was surprised by all the controversy, she says she will continue to save birds, if the occasion calls for it.

"I know that it's saving something's life," she said. "I'd rather pay than let something die."

15 Comments Add a Comment

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glacierhikergal says:

Unfortunately, our of ignorance, many of these comments are wrong. Although she meant well, the law prohibits the handling of these birds and the Fish and Game gal got a bum rap, but she was right and should have confiscated the bird and explained why. In the long run, this bird has parents who could have cared for it better than some child and her mother because it still had things to learn from them which humans cannot teach wildlife unless they have the knowledge. It probably and sadly died when they released it. Many well meaning but uninformed people add to the bird mortality each year. The better option would have been to confine the cat and then move the bird somewhere where its parents could have cared for it. I used to belong to a group that officially cared for birds rescued by well meaning citizens who didn't know how to help them. I suggest that Alison find such a group through that same officer and learn to properly assist wildlife that way. Sign me an Ornithologist and animal lover too, who owns cats.


totebag3 replies:: linkicon reporticon emailicon; I'm sure the lady wasn't actually on duty but couldn't resist throwing around the feeling she had of the governments weight behind her.
I say 'not on duty' because obviously since she was not on the clock all she felt like doing was threatening a family that stepped out of line which is fun, but not actually take the bird and nurse it back to health which would be her duty I assume, as long as she's getting paid.
She was probably on lunch.

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krisd999-2009 says:: We can shut down half the federal government, have no deficit, have lower taxes and be better off for it. We are in serious danger now.. the jack booted thugs are in the government and are itching to put us in prisons. The US already has 5-10 times more people imprisoned over nothing than most of the rest of the civilized world. Hitler's National Socialist Party would be proud.; reply

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Yanki25 says:: "....according to the U.S. Fish and Wildlife Service, "The citation was processed unintentionally," and the agency apologized for "the clerical error."?????? So why did this idiot from the US Fish and Game need a State Trooper to process this clerical error on their door step? Bull hockey, I would prefer that the power tripping agent be kept off the streets, out of the woods and away from our children.; reply

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amerilatino says:: Nnmrnq, Linds8834 and the idiot government lady have just proven to me why this country is in such trouble. God help us.; reply

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CopontheBeat says:: Too many laws -- too little common sense. It's like the first grader who gets expelled from school for accidentally bringing his pocket knife. Anyone responsible for enforcing laws should first, cite the law to the offender; then step back and look at the BIG picture. No one ever gets convicted in court if there is NO INTENT to break the law. So why cite them? It just wastes the court's time. You give them a warning, correct the problem, and move on. Sheesh!; reply

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Nnmrnq says:: Kill all birds and all wildlife government workers should be tarred and feathered with the feathers from the dead birds!!!!

There is no telling how many thousands of people have died over the years because a deer or some other animal ran in front of their vehicle. People wjo protect wildlife are mass murderers!!!; reply

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dragon0058 says:: That U.S. Fish and Wildlife agent should be fired and forced to take classes on compassion because she clearly does not know the meaning of the word. When I was young I saved a baby Blue Jay that had fallen out of its nest in a storm. The bird survived, grew up and was released. There is nothing wrong with saving a life be it animal or human.; reply

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ajvw says:: government...nuf said; reply

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Linds8834 says:

So the family cat was hunting a wild bird and they take the bird home as though it's a pet? How about bringing the cat inside?

And then they think to bring it into a retail store along the way because it isn't stressed enough already? I would place money that they were looking for bird food for it (which woodpeckers won't normally eat even when not stressed). Stressed birds don't eat and wild birds will typically die in captivity.

I have no sympathy about their fine. Maybe the publicity will keep other people from doing the same thing. Stressed birds don't eat and wild birds will typically die in captivity.

They would have starved and tortured the woodpecker to death in a day or two.


antoniof123 replies:: linkicon reporticon emailicon; You are an idiot.

Nothing else can be said in fact this little girl deserves a reward and you deserver a fine and a year in jail for being so stupid.


illcountryboy replies:: linkicon reporticon emailicon; What part of kindness don't you understand? Did you fail to read the entire article or is your reading comprehension somewhere below a 2nd grader?