[TN-Bird] Re: OT: Ethics, Legality, etc.?

  • From: "Mcdonald, Kenneth" <kenneth_mcdonald@xxxxxxx>
  • To: <wgpu@xxxxxxxxxxx>
  • Date: Fri, 6 Jun 2014 08:46:41 -0500

Hi,

My name is Ken McDonald and I am a biologist with the USFWS in Cookeville.
Usually, I'm the point of contact for calls regarding the Migratory Bird
Treaty Act.

While this shouldn't be construed as legal advice, I point out The
Migratory Bird Treaty Act  of 1918  states it is "unlawful at any time, by
any means or in any manner, to pursue, hunt, take, capture, kill . . . [or
transport] any migratory bird, any part, nest, or egg of any such
bird"  (16 U.S.C. 703). The only exception to this is when regulations
authorize these activities for the purpose of conserving migratory bird
trust resources.

Some agencies interpret "take" to include harassment from pishing or
playbacks because these activities can lead to bird mortality. For example,
a bird responding to a playback may become more visible to predators, may
inadvertently signal to predators the proximity of nests, or may abandon
the nest, entirely if they believe the source of the pishing or playback
poses as risk to themselves.  Additionally, many agencies (such as the
National Park Service and the Department of Defense) have even more
stringent mandates and legal authorities to implement regulations even more
protective of Migratory Birds than is found in the Migratory Bird Treaty
Act.

My own view is there is a great deal of peer-reviewed, published scientific
literature which indicates phishing and playbacks can knock individuals off
of territories, make birds vulnerable to predators, or cause birds to
abandon nests. Given that pishing or playbacks can increase risk to birds,
the question I ask is "Does interacting with a bird through the use of
pishing or playbacks contribute to the conservation of the bird?" In my own
birding experiences I refrain from doing anything that causes a bird to
alter its behavior unless my doing so somehow contributes to the well-being
of the bird.

Ken









On Wed, Jun 4, 2014 at 5:31 PM, Bates Estabrooks <wgpu@xxxxxxxxxxx> wrote:

> TN Birders,
>
> I saw a statement recently on a web site for a park/natural area (not in
> TN) that puzzled me.  So I thought I'd post this here to see what TN
> birders think.
>
> The statement says that it is against their rules to "pish" or play
> recordings to lure birds in, *because* these behaviors are against the
> law and "harmful."  The area is a breeding area for an endangered species
> of bird.
>
> My questions:
>
> Is it indeed illegal (federal or in some states) to "pish" or play
> recordings?
>
> Is "pishing" harmful?  Are recordings harmful?
>
> Thanks.
>
> Bates Estabrooks
> Anderson County
>
>
>
>



-- 














*Kenneth W. McDonaldEnergy BiologistU.S. Fish and Wildlife Service446 Neal
StreetCookeville, TN 38501Office: 931.525.4990Fax:
931.528.7075kenneth_mcdonald@xxxxxxx <kenneth_mcdonald@xxxxxxx>*

Energy and persistence will conquer all things

-  Benjamin Franklin

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