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? 

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