In a message dated 7/13/2005 8:56:28 AM Eastern Standard Time,
ecj100@xxxxxxx writes:
There are various schools of thought about these tactics, especially playing
bird songs, but no clear rule of thumb. In many federal and some state
parks, particularly those with some devotion to conservation, use of tapes (or
CDs, etc.) is forbidden.
All,
With all due respect to the ABA's suggestion that we limit the use of
recordings and other methods of attracting birds, let's be clear: In parks and
forests, & in certain other public property in the Federal inventory,
regarding Wildlife Protection, Title 36CFR 2.2(a)(2), states the following are
prohibited: "feeding, touching, teasing, frightening, or intentional
disturbance
of wildlife nesting, breeding, and other activities."
This regulation is settled administrative agency law, and it could
hardly be more clear, especially if your IQ is greater than your shoe size.
This
regulation is enforceable at all venues in the National Park Service inventory
and at other Federal Public Property. There are therefore no legitimate
"various schools of thought" on the issues of teasing, frightening, and the
intentional disturbance of wildlife at these venues, in or out of the breeding
season, so far as the public is concerned.
Obviously, this regulation does not apply to officials and employees of
the concerned parks, forests, and other public properties, their agents, and
persons or institutions holding approved, qualified, and current research
permits. But, the rest of us are expected to comply with 36CFR 2.2(a)(2). I am
quite certain that many states and local jurisdictions have similar
enforceable rules and regulations. If you doubt this analysis, try the
following
experiment.
Drive to a National Park Service property, one where you are not well
known.
Find the Law Enforcement station and park just outside its front door.
Get out your tape deck, plug in your external speaker, and without explanation
or a permit, begin playing a continuos loop Screech Owl tape.
When a police officer finally advises you not to play tapes on National
Park Service property because it illegal to do this, don't take the officer's
word in this matter. After all, you know what you are doing. Assert an
affirmative right to play tapes. When a supervisor is called to the scene,
and
you are once again advised to turn your electronic device off, stand tall.
Don't be bashful; assert your absolute, clearly articulated, "red state" right
to
play tapes on Federal Lands, including in National Parks and Forests.
When Title 36CFR 2.2 (a)(2) is read to you verbatim, insist this
regulation does not apply to you, first because you interpret the regulation
differently, and also, because of your special status as a birder. Insist that
your
long experience in the field categorically demonstrates that playing a
Screech Owl tape to call in another owl or to flush other nearby birds, in
fact,
does not constitute teasing, frightening, or an intentional disturbance of
wildlife. With your screech owl tape whaling in the background, by all means,
go
ahead and straighten these officers out.
Advise the officers that they are spoiling your "Big Day." After all, you
have a schedule to keep. You don't actually have time to bird the park, and
you do need to pick up your target bird(s) by any means necessary, so that
you can stay on schedule and finish your "Big Day" up as planned.
Furthermore, make sure the officers understand that you intend to play
tapes in the park anytime and for any reason you choose to. After all, how
else are you going to get to see the birds, especially the skulking ones? Most
importantly, make sure the officers clearly understand that you don't believe
the park can be birded properly unless every birder and birding group has the
right to play tapes whenever they choose to. And, finally, by all means, be
absolutely certain to explain in excruciating detail, the circumstances in
which you personally routinely play tapes in National Parks and Forests
whenever you are supposedly performing surveys without benefit of an approved,
qualified, and current research permit.
No matter how many times you are advised to turn your electronic device
off, don't budge. But, be sure to carefully watch what happens next. Some
years ago I watched three combat birders get locked up on Assateague Island
for
playing tapes. Perhaps, though, you'll have better luck. After all, your
need to bird by any means necessary surely trumps all other considerations,
especially since you recognize teasing, frightening, and intentional
disturbance
when you see it.
Paul Kane
Falls Church, VA
