Paul Bickford
Northern News Services

Fort Smith (July 29/02) - Charges have been laid over the destruction of swallows' nests and chicks on the Fort Smith water tower.

Wayne Danger, the owner of Danger Sandblasting and Painting Ltd. of Sask-atchewan, faces two charges under the federal Migratory Birds Convention Act.

The first charge against Danger is for allegedly destroying a nest without a permit on or about July 7.

Under the act's regulations, no person can "disturb, destroy or take" a nest of a migratory bird, except with a permit granted by the minister of the environment.

The second charge is for allegedly hunting a migratory bird.

Under the act, the definition of hunting includes an "attempt in any manner to capture, kill, injure or harass a migratory bird."

The case is scheduled for first appearance in territorial court in Fort Smith on Aug. 21.

If an individual is summarily convicted of violating any regulation of the act, the penalties go as high as a $50,000 fine, or six months imprisonment, or both.

No charges have been laid against the Town of Fort Smith, for which the contractor was performing the renovations to the water tower.

Berny Bergman, the enforcement-compliance specialist with the Department of Resources, Wildlife and Economic Development, explains its investigation into the incident included an examination of the terms of the tender, which were prepared by an engineering firm.

"No where in there did they say there were birds that needed killing," Bergman says.

An unknown number of swallows' nests and chicks were destroyed during the renovations.

On average, a swallow's nest contains three to four chicks.