Re: [cayugabirds-l] Bell Station Auction canceled!

2021-09-24 Thread Joseph Wetmore
 I agree, it is important to thank the Govinor.  Thank her via this webform or 
better yet, use social media 

ALSO Please take time to thank Carl Taylor, CEO of NYSEG they didn't have 
to do this, and much of the money from the sale would have gone to their 
shareholders... so them doing this instead is a big deal.  Write to him to say 
thanks at carl.tay...@avangrid.com
Last, and definitely not least, HUGE Thanks to our Assemblymember Anna Kelles - 
who made sure all our voices were heard by all the big wigs in Albany.  
kell...@nyassembly.gov or social media...
Joe



On Friday, September 24, 2021, 6:12:13 PM EDT, Deb Grantham 
 wrote:  
 
 Might be good to send Governor a thank you note.

Deb


-Original Message-
From: bounce-125941408-83565...@list.cornell.edu 
 On Behalf Of Suan Hsi Yong
Sent: Friday, September 24, 2021 4:13 PM
To: CAYUGABIRDS-L 
Subject: [cayugabirds-l] Bell Station Auction canceled!

Governor Secures Agreement with NYSEG to Cancel Planned Auction of 470-Acre 
Bell Station Landing Parcel

https://www.governor.ny.gov/news/during-climate-week-governor-hochul-announces-agreement-secure-future-protection-largest

Thanks to all who helped make this happen!

Suan

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Re: [cayugabirds-l] Recent storm damage at Stewart Park

2021-06-23 Thread Joseph Wetmore
It was open yesterday evening and full of people. 

the city may be closing it during the day so work crews can clean the place up.

Joe






On Wednesday, June 23, 2021, 10:14:10 AM EDT, Marie P. Read  
wrote: 








Are you sure? I literally just drove by the park and there are two road closed 
signs at the entrance. 10:15 am Wednesday.





Get Outlook for iOS

 
From: bounce-125728518-5851...@list.cornell.edu 
 on behalf of Kate T. Finn 

Sent: Wednesday, June 23, 2021 8:10:21 AM
To: Kevin C Packard 
Cc: CAYUGABIRDS-L 
Subject: Re: [cayugabirds-l] Recent storm damage at Stewart Park 
 



The tree damage at Stewart park and Renwick woods is extensive; impressive.  
The park is open.



On Tue, Jun 22, 2021, 5:15 PM Kevin C Packard  wrote:


>  
>  
>  Dear birders,
> 
>  
> 
> 
>   From what I saw on the Ithaca Times and in social media today, there 
>appears to be significant damage to the trees at Stewart Park from yesterday's 
>storms.  While I hope that it won't have a major impact on our local birds 
>that nest there, the park itself is closed until further notice while the city 
>clears the damaged trees.
> 
> 
>  
> 
> 
>  
>https://www.ithaca.com/news/ithaca/stewart-park-newman-golf-course-cayuga-waterfront-trail-closed/article_6dc722ae-d36b-11eb-b6a4-679c175d0007.html
> 
> 
>  
> 
> 
>  
>   Sincerely,
> 
>  
> 
> 
>   Kevin
> 
> 
>  
>  
> 
> 
>  
> 
>   
> Kevin C Packard
> 
> 
> 
> 
> 
> 
> 
> 
> 
> --
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Re: [cayugabirds-l] Fields being mowed.

2021-06-15 Thread Joseph Wetmore
Federal law will supersede State law.

Joe






On Tuesday, June 15, 2021, 08:56:28 PM EDT, Donna Lee Scott  
wrote: 





Related to discussion on migratory bird act & lack if protections:  
New York has a 
“Right to Farm” law.  
I have not read it, but it probably would muddy the waters further. 


Donna Scott 

Lansing

Sent from my iPhone




On Jun 15, 2021, at 8:47 PM, Alicia  wrote:



>  
> I have zero expertise in this area, but it looks like the courts have at best 
> a mixed record in interpreting unintentional negative effects as violations 
> of the MBTA. Take a look at  this summary, and also  this one. Based on these 
> summaries, it looks like courts are divided on the question of whether 
> criminal behavior under the MBTA is limited "to deliberate acts done directly 
> and intentionally to migratory birds" or if actions that incidentally hurt 
> birds/nests/etc also are covered. 
> 
> A 43 yr old case from the 2d Circuit, which includes NY, 
> 
>> "affirmed the conviction of a manufacturer of pesticides for migratory bird 
>> deaths. United States v. FMC Corp., 572 F.2d 902 (2d Cir. 1978). Still the 
>> FMC court stated misgivings (a “construction that would bring every killing 
>> within the statute, such as deaths caused by automobiles, airplanes, plate 
>> glass modern office buildings or picture windows into which birds fly, would 
>> offend reason and common sense”) and suggested possibly limiting incidental 
>> takes to “extrahazardous” activities ... ."
>  (Entire quote from second summary linked above.)  FWIW, I doubt that a 
> farmer cutting hay would be considered engaged in an extra-hazardous activity 
> in a legal sense, even though farming itself is a hazardous occupations.
> 
> Later cases in other circuits aren't as willing to assign criminal blame when 
> the intent was not specifically to harm birds. The 5th Circuit ruled in 2015 
> that
> 
>> we agree with the Eighth and Ninth circuits that a “taking” is limited to 
>> deliberate acts done directly and intentionally to migratory birds. Our 
>> conclusion is based on the statute’s text, its common law origin, a 
>> comparison with other relevant statutes, and rejection of the argument that 
>> strict liability can change the nature of the necessary illegal act.
> Looking at a somewhat similar fact pattern, federal district courts have held 
> that timber operations are not criminally liable under the MBTA for felling 
> trees when that activity takes out nests, for example in Curry v. U.S. Forest 
> Service, 988 F.Supp. 541, 549 (W.D. Pa. 1997); and  Mahler v. U.S. Forest 
> Service, 927 F. Supp. 1559, 1573-83 (S.D. Ind. 1996).  (Again, I am relying 
> on the summaries above and haven't read the cases but the summaries seem 
> evenhanded and well done.)
> 
> Conclusion?  This is not a clear area of the law.  At some point perhaps the 
> US Supreme Court will agree to hear a case and clarify it, but I'm not 
> holding my breath that this particular Supreme Court would rule the way we 
> would wish if it came before them, particularly if it involves farmers 
> cutting hay rather than, say, an oil spill caused by the negligence of a 
> large corporation.
> 
> Alicia
> 
> 
> 
> 
> On 6/15/2021 6:43 PM, david nicosia wrote:
> 
> 
>>  The MBTA is completely ignored in this case and has been for decades. Why 
>>is that? Anyone know?
>> 
>> 
>> Sent from Yahoo Mail on Android
>> 
>> 
>>>  
>>>  
>>> On Tue, Jun 15, 2021 at 6:27 PM, Kevin J. McGowan
>>> 
>>>  wrote:
>>> 
>>> 
>>>  
>>>  
>>>  
>>>  
>>> I don’t think that’s true. Birds, nests, eggs, and their parts all come 
>>> under protection from the MBTA. If feathers are covered, nestlings are 
>>> covered.
>>> 
>>>  
>>> 
>>> Kevin
>>> 
>>>  
>>> 
>>>  
>>> 
>>>  
>>>  
>>> From:  bounce-125714362-3493...@list.cornell.edu  
>>>  On Behalf Of david nicosia
>>> Sent: Tuesday, June 15, 2021 5:55 PM
>>> To: darlingtonbets  ; Nancy Cusumano  
>>> ; Kenneth V. Rosenberg  
>>> Cc: Linda Orkin  ; CAYUGABIRDS-L  
>>> 
>>> Subject: Re: [cayugabirds-l] Fields being mowed.
>>> 
>>> 
>>>  
>>> 
>>> Young nestling birds aren't protected by the migratory bird act. I guess 
>>> that is true since this has been going on for decades. Wish they were. 
>>> 
>>>  
>>> Sent from Yahoo Mail on Android
>>> 
>>> 
>>>  
>>> 
  
  
  
 On Tue, Jun 15, 2021 at 5:33 PM, darlingtonbets
 
 
  
  wrote:
 
 
 
  
  
  
  
 Good! And let's try to get some publicity into the Ithaca Journal. 
 
 
  
  
 
 
  
 Betsy
 
 
  
  
 
 
  
  
 
 
  
  
 Sent from my Verizon, Samsung Galaxy smartphone
 
 
 
  
  
 
 
  
  
  
  Original message 
 
 
  
 From: Nancy Cusumano  
 
 
  
 Date: 6/15/21 4:28 PM (GMT-05:00) 
 
 
  
 To: "Kenneth V. Rosenberg"  
 
 

RE: [cayugabirds-l] Monday Night Seminar

2019-11-05 Thread Joseph Wetmore
Would it be possible to do a limitd-time  posting for invited individuals? 
Thus, those of us who could not  make it could  see it, but it would  not be 
out there forever.
Joe

 
 
  On Tue, Nov 5, 2019 at 10:01 AM, Kevin J. McGowan wrote:   
#yiv2686444029 #yiv2686444029 -- _filtered #yiv2686444029 {panose-1:2 4 5 3 5 4 
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li.yiv2686444029MsoNormal, #yiv2686444029 div.yiv2686444029MsoNormal 
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Unfortunately, no. Cornell is subject to copyright laws. Just because the Lab 
of Ornithology is a non-profit, that doesn’t mean that copyright laws don’t 
apply. Cornell is working to get everyone in compliance, and Bird Academy is 
taking great pains to make all of our products copyright compliant, as well as 
maximally accessible. Seehttps://copyright.cornell.edu/ for Cornell’s position 
and more information.
 
  
 
“Fair Use” does not make it okay to use just anything that’s on the internet. 
Below are a couple of issues that clearly suggest archiving the presentation 
with copyright violations should not be done.
 
>From Cornell’s Fair Use page - https://copyright.cornell.edu/fairuse
 
Factors to consider
 
Pro - Restricted access (limited to students in a class or other appropriate 
group); One-time use, spontaneous use (no time to obtain permission)
 
Con -  Will be making it publicly available on the Web or using other means of 
broad dissemination; Repeated or long-term use
 
  
 
Regrettably,  there is simply too much material in the presentation that falls 
under this guideline; removing it would make the talk unintelligible.
 
  
 
Kevin
 
  
 
  
 
Kevin J. McGowan, Ph.D.
Project Manager
Distance Learning in Bird Biology
Cornell Lab of Ornithology
159 Sapsucker Woods Road
Ithaca, NY 14850
k...@cornell.edu
 
607-254-2452


 
Do you know about our other distance-learning opportunities? Visit Bird 
Academy,https://academy.allaboutbirds.org/courses/ to see our list of courses.
 
  
 
  
 
  
 
From: bounce-124085707-3493...@list.cornell.edu 
On Behalf Of Candace E. Cornell
Sent: Tuesday, November 5, 2019 9:33 AM
Cc: Alicia ; CAYUGABIRDS-L ; 
Carol Keeler 
Subject: Re: [cayugabirds-l] Monday Night Seminar
 
  
 
I want to see the video as well. Can the Lab offer a better link?
 
  
 
On Tue, Nov 5, 2019 at 9:20 AM Mary Jane Thomas  wrote:
 

That is a shame.  I couldn't watch this yesterday evening and was looking 
forward to seeing and hearing it.  It would be helpful if the Lab fixed this.
 
  
 
MJ
 
Sent from my iPad
 



 

On Nov 5, 2019, at 8:12 AM, Alicia  wrote:
 


 Actually, if you go to that link you get the following message:
 

Unfortunately, do [sic] to copyrighted content, we are unable to offer an 
archived version of this event. We do encourage you to learn more about this 
topic at3billionbirds.org
 

Given the importance of this issue, it's a shame that the Lab doesn't excise 
the "copyrighted content" and post the remainder - assuming the "copyrighted 
content" even needs to be excised given the doctrine of Fair Use.  This 
presentation is a something that people should be able to refer their friends 
and acquaintances to - changing the trend depends on widespread knowledge and 
understanding, and webinars are a great way to engage people who are not 
interested in reading even the most engaging print based explanations.

Alicia Plotkin





 
On 11/5/2019 7:56 AM, Diane Morton wrote:
 

You can watch the archived seminar with this link:
 
  
 
https://academy.allaboutbirds.org/live-event/3-billion-birds-lost-the-bird-crisis-and-what-we-can-do-about-it/
 
  
 
Diane Morton
 
  
 
On Tue, Nov 5, 2019 at 7:24 AM Nancy Cusumano  wrote:
 

Will the recording be available?
 
  
 
On Mon, Nov 4, 2019 at 8:52 PM Carol Keeler  wrote:
 

Thank you so much for live streaming Ken Rosenburg’s talk.  It was excellent!  
I don’t drive at night so I can’t make it down to Ithaca for the Monday ni

Re: [cayugabirds-l] anyone love trying to identify bird nests from photos?

2019-07-20 Thread Joseph Wetmore
 What about the laws about discharging a firearm within 500 feet of a home?
Joe

On Saturday, July 20, 2019, 5:40:53 PM EDT, Glenn Wilson 
 wrote:  
 
 My neighbor shot and wounded a downy off our feeders. No cop would help. They 
have their list of pet laws to enforce and that is it. 

Glenn WilsonEndicott, NYwww.WilsonsWarbler.com
On Jul 20, 2019, at 5:28 PM,   wrote:


Laurie, please advise them that the collection of bird parts including nests 
and feathers is prohibited by law unless you have state and federal permits. 
John

---
John and Sue Gregoire
 Field Ornithologists
 Kestrel Haven Migration Observatory
 5373 Fitzgerald Rd
 Burdett, NY 14818
 42.443508000, -76.758202000 
 "Create and Conserve Habitat"

On 2019-07-20 19:11, Laurie Roe wrote:

Hi, someone showed me a hanging nest they had collected..and if anyone sends me 
their email address I will send them a photo of it for id purposes! Thank you! 
-- roel...@gmail.com
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