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I mean really, do people have to beat on trees, run after birds (and step on them) and to ignore postings to keep out of protected areas just to get a photo?What Might be a Violation of the Act?
One example of a violation of the Act occurred in Arizona in the 1970s. A nesting pair of Common Black-Hawks (Buteogallus anthracinus) was found in an area frequented by birders. Overly enthusiastic individuals, in their attempts to observe and photograph the pair, caused the nest and its contents to be abandoned. Although no one was charged in this incident, the collective actions of the birders resulted in the "taking" of migratory birds because the eggs were "killed" as a result of the parent birds' absence.
There are a number of incidents involving rails, birders, and violations of the Act. several examples of Black Rails (Laterallus jamaicensis) being pursued, captured, and photographed in the hand exist for the eastern and western seaboards of the U.S. In the mid-1970s, a group of Wisconsin birders chased a Yellow Rail (Coturnicops noveboracensis) around a sandy area in Milwaukee harbor. Eventually, the exhausted rail was stepped on by an overly enthusiastic human. The "take" provision of the Act was violated by the attempted capture and killing of the bird.
A practice used by some birders to view hole-nesting birds is to repeatedly hit the side of a nest tree, causing the adult birds to leave the hole. This activity can be considered "taking" if the bird is intentionally chased from its nest and the inadvertent death of young birds or abandonment of eggs occurs.
Santa Ana National Wildlife Refuge in Texas hosted a Golden-crowned Warbler (Basileuterus culicivorus) and a Yellow-faced Grassquit (Tiaris olivacea) from late January to early February 1990. Excessive pressure by birders caused refuge personnel to cordon off an area of the refuge frequented by the grassquit to ensure some protection of both the vegetation and the grassquit. Despite the site's being prominently fenced, numerous birders crossed over the cordon, trampling and destroying vegetation. Their behavior may have ultimately caused the birds (both the warbler and grassquit) to depart the area. Although no violation of the Act occurred, these activities took place on a National Wildlife Refuge in violation of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd-668ee; 80 Stat.927) (hereafter, the "Refuge Administration Act").
Although the Act does not specifically prohibit harassment to view birds, it is a different matter with the ESA. The ESA specifically prohibits people from harassing endangered or threatened species. In general, intentional or negligent actions that cause an endangered or threatened species to significantly change its normal behavior patterns (e.g., nesting, feeding, shelter) to the extent that the likelihood of injury to the animal may occur can be considered harassment under the ESA (50 CFR 17.3).
- She was a seamstress for Richmond Bros.Oh how we'll miss Aunt Arlene. She truly was a one of a kind lady. To tell you that she did everything with all of her heart is not exaggerating. If I can be only 1/2 the woman that Aunt Arlene was, I would be happy. Don't worry, I'm striving to be all that she was.
- She had a cake baking business from the early 1970's - 1991.
- She worked two jobs at one time. One job was at Richmond Bros. and another was at a drugstore.
- Uncle Gene was called off to the Korean war when they were newly married. He was gone for 3 years.
- They had the first new car on the street. They bought a Ford.
- They had the first TV on the street. Hubs' dad talked of how he would go to Aunt Arlene's apartment (just above their place) and watch TV when she wasn't home.
- She had quite a collection of hankies, which her daughter Jackie was busy handing out prior to the service.
- She kept a calendar of all birthdays and special people that she had to contact. I told Bob, her son-in-law, of how Aunt Arlene used to call me several times a week when I was home by myself after my hospital stay with Bailey. None of them knew it. Not even Hubs' mom and dad. She would call to check in. We'd talk some days. I'd cry my eyes out others.
- She entered a bathing suit contest at Euclid Beach and placed in the top ten.
- She took belly dancing with her friends! :)