Dealing With Bothersome Woodpeckers

February 27, 2020

Question: Is it legal to hunt and kill woodpeckers? We’ve had woodpeckers peck holes in our house siding. We’ve tried metal flashing, attack spiders and foil tape. Next, we will try bird houses and feeders, fake hawks and fake snakes. As a last resort, if the law allows, I may want to shoot these birds. It sounds like they are considered non-game birds and are federally protected? (Josh)

Answer: Thank you for reaching out. You are correct that woodpeckers are protected under various state and federal laws that prohibit take, including Fish and Game Code, sections 3800 and 3513, and the federal Migratory Bird Treaty Act. Two species of woodpeckers – the Gila woodpecker (Melanerpes uropygialis) and Gilded northern flicker (Colaptesauratuschrysoides) are also protected under the California Endangered Species Act, and thus may not be taken.

If the woodpeckers continue causing damage to your property you may take reasonable action to deter them from making holes as long as the activity does not result in take of the bird, its nest, or its eggs. According to the US Fish and Wildlife Service, which published a Q&A to provide guidance on this question with respect to federal law, the best approach is to begin damage control as soon as you begin hearing the drumming on your house. Any holes should be filled in and painted over immediately. Physical exclusion (by putting up netting on the side of your house) can also be very effective.