[texbirds] FW: Collared Plover YES - but with current / future access problems
- From: Clay Taylor <Clay.Taylor@xxxxxxxxxxxxxxxxx>
- To: "texbirds@xxxxxxxxxxxxx" <Texbirds@xxxxxxxxxxxxx>
- Date: Tue, 5 Aug 2014 14:01:00 -0400
Charles et al -
I am not up on the laws pertaining to a person's legal right to be standing on
the side of a public road, nor how far the right of way extends from the
centerline of the road, where the land owner's rights kick in, etc., etc.
There have been numerous threads on texBirds talking about a birder's rights to
stand on a public road and look / photograph private property, but the only
actual laws / ordinances quoted (I think by David S.) only specifically
mentioned photographing people, not property or land, without authorization.
Nobody asked the fellow's name or who the actual landowner was, nor gave him
any backtalk, but after he left there were some indignant mutterings.
What concerns me is the many (dozens? hundreds?) of birders currently on the
way to S TX that might not hear about these complications before arriving at
the spot, or might choose to act badly when confronted.
I would always urge birders to respect the local residents / landowners / etc.,
in any and all dealings with our desire to see a bird.
Clay Taylor
TOS Life Member
Calallen (Corpus Christi), TX
Clay.taylor@xxxxxxxxxxxxxxxxx
-----Original Message-----
From: Charles W. Easley [mailto:cwebirds@xxxxxxx]
Sent: Tuesday, August 05, 2014 11:53 AM
To: Clay Taylor
Subject: Re: [texbirds] Collared Plover YES - but with current / future access
problems
Clay: Could you clear up some confusion. The location / locations where one
tries to view the bird. Is it public or private land?
I, like you, do not care for confrontations. If it's private, I understand the
farmer. If it's public, the farmer needs to back off abit.
And I would not want to be sprayed, I understand that. But once he's done, we
would like to try for the bird. Thanks much
Charles Easley
Life TOS Member
Cleburne, Texas
-----Original Message-----
From: Clay Taylor
Sent: Tuesday, August 05, 2014 11:03 AM
To: texbirds@xxxxxxxxxxxxx
Subject: [texbirds] Collared Plover YES - but with current / future access
problems
Hi all -
Debbie and I arrived at the 1st St. Spot at 8:30 am and were informed that it
was last seen about 20 minutes ago. Bummer.
As we stood on the berm and scanned for the bird, the local farmer came by and
said that an an hour he was going to be spraying defoliant on the cotton
fields and needed everybody away from the area for 48 hours. He was not
very cordial, and we did not want to start an ugly confrontation, so we agreed,
and he left.
About 9:45, Bill Clark spotted a Buff-bellied Sandpiper that flew in and landed
at the near edge of the pond, and flew away again after only a few minutes.
At 10am we left the 1st St. Spot and went over to Rt. 490 and viewed by the
gate in the fence. We all pulled our cars well off the road surface, and
scanned from the grass (watch the grass burrs!).
At about 10:15, Todd McGrath and I spotted the bird in the mixed bushes about
midway between the road and the pond - probably 200 yards away.
There is a concrete culvert segment in an open muddy area, and there were 6+
Killdeer, a few Snowy Plovers, and the Collared all moving back and forth in
the area. The heat shimmer was pretty bad, and it required a bit of
patience and correct positioning by the bird to get diagnostic looks.
This spot should be very good in the afternoon, as the light will be
favorable, and hopefully the heat shimmer dies down. However, if the bird
goes to feed along the north side of the pond, that will be a LONG distance
view.
I do not know what and if can be done about the farmer / spraying issue and
access during / after the spraying, but I am guessing that he will not hesitate
to call the Sheriff and claim interference in his farming or some related
complaint.
Be VERY careful if you are viewing from 490, as there is a LOT of traffic,
especially big trucks.
Good luck,
Clay Taylor
Calallen (Corpus Christi) TX
Clay.taylor@xxxxxxxxxxxxxxxxx
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