[TN-Bird] Re: Say's Phoebe
- From: kbreault <kbreault@xxxxxxxxxxxxx>
- To: kde@xxxxxxxxxxxxxxxxxx, Chris Sloan <csloan1973@xxxxxxxxx>
- Date: Thu, 2 Feb 2012 09:31:07 -0800 (PST)
Indeed, and my understanding of the literature is that there is no evidence
that
the reasonable use of playback harms birds, but we follow the rules which in
the
case of rare birds means no use of playback. Note that the bird in question is
very easy to find. I had it just a few minutes after getting to the
headquarters
Tuesday morning.
Kevin Breault
Brentwood
________________________________
From: "kde@xxxxxxxxxxxxxxxxxx" <kde@xxxxxxxxxxxxxxxxxx>
To: Chris Sloan <csloan1973@xxxxxxxxx>
Cc: Tennessee Birds <tn-bird@xxxxxxxxxxxxx>
Sent: Thu, February 2, 2012 11:02:47 AM
Subject: [TN-Bird] Re: Say's Phoebe
Chris is correct that 50 C.F.R. 27.72 is the federal regulation usually
referenced when this topic comes up. I won't debate law with a lawyer
on how this is interpreted to apply to birds, but I will share these
quotes from a USFWS website:
"Be aware that there may be other times when playing a call back may be
against the law. For example, according to 50 CFR 27.72 it is illegal to
play audio of bird calls (or any audio that might disturb other visitors)
when you are on a National Wildlife Refuge."
"The National Park Service also has regulations against playing audio
found at 36 CFR 2.12."
Source:
http://www.fws.gov/pacific/lawenforcement/Sam%20Stuff/March%202011.html
For the record, I'm not trying to beat people with a stick about this,
and I use tape playback myself regularly... just not where it is
presumedly prohibited or in heavily birded areas, especially during
breeding season. As Kevin points out, the ABA has their own suggested
rules on this subject.
Dean Edwards
Knoxville, TN
On Thu, 2 Feb 2012, Chris Sloan wrote:
> As a preface to the clarification I'm about to make, I'm NOT opining one
> way or another as to whether or not you should use playback. That's a
> different can of worms.
>
> Now, as for the clarification, what Dean says is not quite accurate to the
> best of my knowledge. The prohibition he references is found in 50 C.F.R.
> 27.72 and it is only a prohibition on playback or use of audio equipment
> "so as to cause unreasonable disturbance to others in the vicinity." This
> is not the same thing as saying any use of playback is illegal. There are
> parks, however, that have specific park rules and regulations that are more
> restrictive than this federal regulation.
>
> regards,
>
> Chris Sloan
> Nashville, TN
> http://www.chrissloanphotography.com
>
>
=================NOTES TO SUBSCRIBER=====================
The TN-Bird Net requires you to SIGN YOUR MESSAGE with
first and last name, CITY (TOWN) and state abbreviation.
You are also required to list the COUNTY in which the birds
you report were seen. The actual DATE OF OBSERVATION should
appear in the first paragraph.
_____________________________________________________________
To post to this mailing list, simply send email to:
tn-bird@xxxxxxxxxxxxxx
_____________________________________________________________
To unsubscribe, send email to:
tn-bird-request@xxxxxxxxxxxxx
with 'unsubscribe' in the Subject field.
______________________________________________________________
TN-Bird Net is owned by the Tennessee Ornithological Society
Neither the society(TOS) nor its moderator(s)
endorse the views or opinions expressed
by the members of this discussion group.
Moderator: Wallace Coffey, Bristol, TN
wallace@xxxxxxxxxxxxxxxxxxx
------------------------------
Assistant Moderator Andy Jones
Cleveland, OH
-------------------------------
Assistant Moderator Dave Worley
Rosedale, VA
--------------------------------
Assistant Moderator Chris O'Bryan
Clemson, SC
__________________________________________________________
Visit the Tennessee Ornithological Society
web site at http://www.tnbirds.org
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
ARCHIVES
TN-Bird Net Archives at //www.freelists.org/archives/tn-bird/
MAP RESOURCES
Tenn.Counties Map at http://www.lib.utexas.edu/maps/states/tennessee3.gif
Aerial photos to complement google maps http://local.live.com
_____________________________________________________________
Other related posts:
