[texbirds] Re: FW: Collared Plover YES - but with current / future access problems

  • From: Brush Freeman <brushfreeman@xxxxxxxxx>
  • To: Clay Taylor <Clay.Taylor@xxxxxxxxxxxxxxxxx>
  • Date: Tue, 5 Aug 2014 13:24:35 -0500

From FB....No wonder he is grouchy...Got any idea how hard it is to
arrange/schedule a crop-duster?.......  "The farmer at that location is
trying to spray his crop and has been unable to do so as of 1:00 PM today
due to birders continuing to the area. Please respect his need to get this
crop sprayed in a timely fashion to make his harvest a good one. Hopefully
a good samaritan birder will appear on the scene and direct birders to try
another viewpoint. Keeping away at this point will help us be invited back
later. The bird appears comfortable in his surroundings so hopefully he
will continue to be in the area once the 48 hour spray time restraint is
over."
**********************************************************************
Brush Freeman
503-551-5150 Cell
120 N. Red Bud Trail. Elgin, Tx. 78621
http://texasnaturenotes.blogspot.com/
Finca Alacranes., Utley,Texas


On Tue, Aug 5, 2014 at 1:01 PM, Clay Taylor <Clay.Taylor@xxxxxxxxxxxxxxxxx>
wrote:

> 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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