[NatureNS] Principles of Birding Ethics

From: David & Alison Webster <dwebster@glinx.com>
To: naturens@chebucto.ns.ca
References: <718710B9D0DC44B6BBC8D423713E3235@hans57ff9baf63>
Date: Fri, 04 Jan 2013 10:53:27 -0400
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ary behavior will generate goodwill with birders and non-bir
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Hi John & All,                            Jan 4, 2013
    The relevant question is not what the law is but under what =
circumstances is it enforced. In practice I think it is restricted to =
wood thieves, industrial grade dumpers and wire cutters.

    A recent law with respect to ATV use requires written consent from =
the land owner but in practice this is unenforceable. The law did have =
the unfortunate effect of concentrating ATV traffic onto lands where =
entry does not pass through a dooryard.=20
    I became fed up with rutting and erosion on my woods roads due to =
increased ATV traffic and posted signs and erected barriers at the =
entrances; 'no vehicles'. The signs were carted off or broken as fast as =
I could replace them.=20
    After ordering several offenders off, typically 4-5 kids under 12 =
yrs of age perched on one vehicle and driving like the wind, I checked =
with DNR; could I legally seize a vehicle after being caught twice ? The =
advice was no, we can not become involved and don't even think of =
attempting strict enforcement; woods can burn.
    Just out of curiosity, I also would like to see a list of those =
fined or jailed for trespass along with an account of the circumstances. =
Hopefully someone on the list knows how to compile this.

Yt, Dave Webster, Kentville
   =20
  ----- Original Message -----=20
  From: John Kearney=20
  To: naturens@chebucto.ns.ca=20
  Sent: Friday, January 04, 2013 9:47 AM
  Subject: RE: [NatureNS] Principles of Birding Ethics


  Hi All,

  Dave's posting motivated me to check something I've been meaning to =
do. Having recently moved to northern Colchester County, I've been =
dismayed by the great number of no trespassing signs in potential =
birding areas. I was hoping that Dave was correct in his assessment of =
No Trespassing signs. However, having now checked Nova Scotia's Act to =
Protect Property, I found in Section 3(1) that it an offense subject to =
a fine of not more than $500 dollars to enter premises where entry is =
prohibited by notice. The violator can also held in custody in order to =
establish identity or to prevent repetition of the offense. Perhaps we =
have a lawyer in our group to confirm or clarify my interpretation of =
the law.

  John

  Waughs River, Colchester County

  =20

  From: naturens-owner@chebucto.ns.ca =
[mailto:naturens-owner@chebucto.ns.ca] On Behalf Of David & Alison =
Webster
  Sent: January 3, 2013 21:31
  To: naturens@chebucto.ns.ca
  Subject: Re: [NatureNS] Principles of Birding Ethics

  =20

  Hi All,                    Jan 3, 2013

      This is now ancient history but I did not have time earlier to =
comment. One can not quibble with the spirit of these guidelines but two =
passages (1(d) and 2(a), copied below) caught my eye because the wording =
is vague and there is one omission, perhaps because it was considered =
obviously wrong; littering.

  =20

      Roads, trails and paths do not exist in the negative space between =
roads, trails or paths, so 1(d) seems to say 'go anywhere but avoid =
habitat disturbance'. This seems reasonable because much interesting =
habitat does not lend itself to travel ways but I am left wondering what =
the true intent of  passage 1(d) is.=20

  =20

     Passage 2(a) seems reasonable if private property means residential =
yards and farmland during the growing or harvest season. But there is no =
reason to ask for permission to enter woodland even if it is posted with =
No Trespassing signs. They are usually there to protect the owner from =
being sued, if someone trips on a rock or to keep out known vandals. =
Hikers (including birders) will eventually learn who owns the land and =
tend to report property destruction to the owner.

  =20

      Farmers and woodland owners may experience problems that approach =
10, on a scale of 0 to 10, where birdwatchers would nearly always rate =
somewhere between -1 and 0; e.g. dumping, theft, damage to crops or =
equipment and, in general, the landowner just has to eat this; the =
police and courts usually being utterly useless.=20

  =20

  =20

  1(d) Stay on roads, trails, and paths where they exist; otherwise keep =
habitat disturbance to a minimum.
  2. Respect the law, and the rights of others.
  2(a) Do not enter private property without the owner's explicit =
permission.

  Yt, Dave Webster, Kentville

    ----- Original Message -----=20

    From: Hans Toom=20

    To: naturens@chebucto.ns.ca=20

    Sent: Tuesday, December 04, 2012 6:53 PM

    Subject: [NatureNS] Principles of Birding Ethics

    =20

    Hi all,

    =20

    I hope this is not offensive to anyone but from time to time I think =
we all need to be reminded of the Principles of Birding Ethics. The =
following set of principles is from the American Birding Association but =
most birding groups have similar guidelines.

    =20

    I have witnessed entire colonies of nesting birds put to wing and =
young and flightless birds photographed in hand. I have also experienced =
binoculars staring about in my back yard as I rise from my bed on a =
Sunday morning, without notice or warning. On some of our lists I've =
even been given lessons on how to trespass and bypass security.

    =20

    This is unacceptable in my opinion and clearly a violation of the =
following Principles of Birding Ethics.

    =20

    Hans

    PRINCIPLES OF BIRDING ETHICS
    Everyone who enjoys birds and birding must always respect wildlife, =
its environment, and the rights of others. In any conflict of interest =
between birds and birders, the welfare of the birds and their =
environment comes first.
    Code of Birding Ethics
    1. Promote the welfare of birds and their environment.
    1(a) Support the protection of important bird habitat.
    1(b) To avoid stressing birds or exposing them to danger, exercise =
restraint and caution during observation, photography, sound recording, =
or filming.
    Limit the use of recordings and other methods of attracting birds, =
and never use such methods in heavily birded areas, or for attracting =
any species that is Threatened, Endangered, or of Special Concern, or is =
rare in your local area;
    Keep well back from nests and nesting colonies, roosts, display =
areas, and important feeding sites. In such sensitive areas, if there is =
a need for extended observation, photography, filming, or recording, try =
to use a blind or hide, and take advantage of natural cover.
    Use artificial light sparingly for filming or photography, =
especially for close-ups.
    1(c) Before advertising the presence of a rare bird, evaluate the =
potential for disturbance to the bird, its surroundings, and other =
people in the area, and proceed only if access can be controlled, =
disturbance minimized, and permission has been obtained from private =
land-owners. The sites of rare n