[texbirds] Re: bird calls
- From: Vicki Crutchfield <vicki_crutchfield@xxxxxxxxx>
- To: "texbirds@xxxxxxxxxxxxx" <texbirds@xxxxxxxxxxxxx>
- Date: Thu, 31 May 2012 13:10:47 -0700 (PDT)
All of those legal citations look really impressive, except most are
irrelevant.
There are two laws in play. One if the Migratory Treaty Act and the other is
the Endangered Species Act.
Playing a prerecorded bird call in and of itself is not a violation of either
law.
And I noticed no one is bringing up immitating a bird call with one's lips.
The basic bottom line in all of the court precedent is basically the same.
Think!
Example "psshing" has been repeatedly accepted by most agencies as not causing
harm. But I can think of several situations where I would not do it.
If you are near nesting birds.
If you are being trailed by a predatory. (I stopped walking a trail one day
because I realized I was being followed by a Harrier, he was watching the
sparrows startle from me walking a field trail. I just sat down on the trail
until he got bored and moved on.)
Playing a tape does not fall under the BoomBox rule, sorry those laws were
written for other reasons.
Playing a tape, under some circumstances might cause no harm at all.
But under different circumstances, it might result in a bird leaving a nest
site, either to chase away competitition, or leave altogether because
competition has become stiff, and that call was the one that pushed a bird away
from a chosen nest site.
or it might draw a bird into a dangerous situation looking for a mate that does
not exist.
Now is that a problem?
For most birds in most situations, probably not.
For an endangered species, yes, it might be a critical problem. I think in the
case of an endangered species, one needs to take extreme precations to avoid
causing harrassment. If I saw a Ivorybilled Woodpecker, I would not report it
anywhere, I would not chase it, I would not move or psh or play a recording. I
would appreciate that I had a rare moment and wish the bird well.
If there are hundred sparrows in a field of grass and I am trying to
distinguish the 4 different species to get a rough count, then what is the harm
in playing a couple of recordings to see who responds? Is there really any
difference between playing a recording deliberately and considerately, versus
indiscriminate pishing down every trail?
Think, think about the time of year, think about the local species that might
be nesting, think about what the hazards are for the species you are observing,
if there is a chance pishing could cause harm, don't do it.
Harrasment is ill defined, but consistently the courts have ruled on what is
the danger, and could a reasonable thought prior have prevented harm.
In some cases, 50 people crowding an area to get a view even though they are
quite and staying a reasonable distance can be harrassment. In one case that
the courts cited endangered birds left an area because of too many birders. No
one was charged, but the agency was admonished by the court that sometimes a
stay back tape is not enough.
Pishing while normally not a problem, might in some cases be harrassment. Tapes
are exactly the same. Sometimes the sounds of a camera clicking might be
harrassment.
Vicki Crutchfield
Live Houston and work in Galveston, TX
Cell : 409-789-1178
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