The incessant noise and the mess grackles produce can drive a person to reach for a gun, but the spur-of-the-moment blasting of the birds is prohibited in most cases.
Grackles are protected under the Migratory Bird Treaty Act of 1918, according to the U.S. Fish & Wildlife Services Web site.
However, there are exceptions. "They are protected under federal law, but they can be controlled without a permit if they're found depredating or being a nuisance," said Maj. Rick Gully, Texas game warden for Region 6. "But that's a pretty blanket statement."
The Code of Federal Regulations by the U.S. Fish & Wildlife Service and the Texas Parks and Wildlife Code say grackles can be controlled without a permit when the birds are "found committing or about to commit depredation upon ornamental or shade trees, agricultural crops, livestock, or wildlife, or when concentrated in such numbers and manner as to constitute a health hazard or other nuisance."
The last part of the depredation order is fairly open to interpretation, Gully said. He said although the order permits the killing of grackles, people can still break the law by shooting grackles within city limits where it is illegal to fire a gun. Gully recommends people check local and state ordinances before attempting to control any grackles or blackbirds, cowbirds, crows or magpies, all of which are included in the depredation order.
The order also states that the birds and their feathers cannot be sold.
Gully said he understands why people would want to rid their property of the birds.
"They can be a nuisance. The population to me, in my limited experience, has been expanding," Gully said. "They're everywhere now."
Burn ban on at the moment.
