If the osprey built a next on top of a VOR station or and ICBM silo I am pretty sure something would be done. I read that power companies can call and have the nest relocated if the put up a pole nearby with a platform on it.
I would argue the “critical infrastructure” angle with any DNR person if it gets pissy. Flight plans are filed over the internet, thus any internet connection is part of the “air traffic control” system VOIP can be used to call 911, thus it is part of “public safety critical communications”. Ongoing federal law enforcement actions are using the internet, you would not want the DNR to obstruct justice would you? The bird can cause a fire. DNR is engaged in a “taking” without compensation which is prohibited by the 5th amendment of the US Constitution. The DNR in interfering with interstate commerce. The whole cook their brains with RF has been studied and shot down by birders. Obviously anticipating that argument. I am sure I can come up with more. I think a good windstorm could cause a nest to fall, windstorms happen all the time. Sometimes an osprey will fly across a skeet shooting range accidentally. If they say no climb they are not saying no bucket truck and no crane with man basket. I would check it out with a drone and see if there are eggs or chicks. From: Aeron Wireless Sent: Friday, April 2, 2021 9:07 AM To: AnimalFarm Microwave Users Group Subject: Re: [AFMUG] Osprey on towers Thank you, David. I planned on getting this done today but got the call yesterday about the nest building. I won't do anything without DNR approval but waiting to hear back is killing me. On Fri, Apr 2, 2021 at 11:01 AM David Coudron <[email protected]> wrote: From reading some quick information online, it appears you have a lot more options if the nest is inactive, including removing the nest in the state of Michigan. However, if you don’t intend to remove it, and it is inactive, I don’t see any regulations prohibiting you from working on the tower, especially if you aren’t going to disturb the nest. But, I would press anyone you interact with for the printed/online official regulation. There is likely lots of exaggerated information out there. Basically the federal law treats them as a protected species, which means you cannot posses the bird, the chicks, or the eggs. Doesn’t really say anything about the nests. Nebraska is pretty clear about the difference between active and inactive nests. Whatever you do, getting your work done before the nest goes active if the nest is currently inactive, would be a good plan. Regards, David Coudron From: AF <[email protected]> On Behalf Of Aeron Wireless Sent: Friday, April 2, 2021 9:48 AM To: AnimalFarm Microwave Users Group <[email protected]> Subject: Re: [AFMUG] Osprey on towers The guy who contacted me was just a volunteer DNR bird watcher. He didn't have the rules. I have an email into the state DNR employee who is responsible for the volunteer osprey watch program, which according to LinkedIn, she is a state biologist. I haven't heard back yet. Bird watcher volunteer guy says they're at the "nest building" stage. Doubt there's an egg yet. I very much got the feeling that the volunteer guy didn't have the full picture. On Fri, Apr 2, 2021 at 10:40 AM David Coudron <[email protected]> wrote: From doing a quick read, the treatment of nests is very different if the nest is active, or inactive. Active is defined as one with eggs or chicks in it. I think you will have better options if the next is inactive. Ospreys are managed at both the state and the federal level. Would be good if you could find a way to determine if the nest is active yet. If not, I would work with the state wildlife guy to quickly get your work done without running afoul of any state based regulations. I don’t think federal regulations stop you from working on the pole if the nest is inactive. However, that was a pretty quick google search. However, I would press the state wildlife guy for the printed regulations. His understanding of could be inaccurate or exaggerated. Regards, David Coudron From: AF <[email protected]> On Behalf Of Aeron Wireless Sent: Friday, April 2, 2021 9:34 AM To: AnimalFarm Microwave Users Group <[email protected]> Subject: Re: [AFMUG] Osprey on towers Danger? No - they got a penthouse. It's a nice open platform. On Fri, Apr 2, 2021 at 10:29 AM Adam Moffett <[email protected]> wrote: We had an Osprey stuck on a pole and sent a climber up to untangle it. Climber put a sack over it, cut the strings it was tangled in and carried it down. A DEC guy came and took the bird away. So I guess maybe if the bird is in danger you can go rescue it? Is the bird arguably in danger? On 4/2/2021 10:21 AM, Josh Luthman wrote: Definitely don't climb now. Unfortunately, I think you're stuck until fall. Josh Luthman 24/7 Help Desk: 937-552-2340 Direct: 937-552-2343 1100 Wayne St Suite 1337 Troy, OH 45373 On Fri, Apr 2, 2021 at 10:17 AM Aeron Wireless <[email protected]> wrote: I got a call from a local DNR volunteer informing me that Ospreys are building a nest on my monopole platform. He's saying that because it's a protected bird, I can't climb the tower until they leave in the fall. I have an email into the state DNR but no response yesterday and today being a gov holiday I don't expect a response until next week. Kinda freaking out here. I need to mount a few PTP links. I was planning on a climb today, but am holding off to hear definitively. This is the main tower for my WISP. Google kung-fu led me to a NATE presentation that says that climbing can be done with precautions. Talked to the tower owner (a small private owner, not one of the big three) who suggested adding a ring below the platform with the nest for the new PTPs. Can this be done with the birds on the tower? Has anyone dealt with Ospreys before? -- AF mailing list [email protected] http://af.afmug.com/mailman/listinfo/af_af.afmug.com -- AF mailing list [email protected] http://af.afmug.com/mailman/listinfo/af_af.afmug.com -- AF mailing list [email protected] http://af.afmug.com/mailman/listinfo/af_af.afmug.com -- AF mailing list [email protected] http://af.afmug.com/mailman/listinfo/af_af.afmug.com -------------------------------------------------------------------------------- -- AF mailing list [email protected] http://af.afmug.com/mailman/listinfo/af_af.afmug.com
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