Re: [nysbirds-l] FW: Gilgo, Suffolk Co. Gyrfalcon

2013-02-24 Thread Tim Dunn 
A quick review of the link provided by Luke Ormand reflects that nestling 
falcons can only be taken between May 1 and July 15, first year birds can only 
be taken between September 1 and January 25, and adult birds may not be taken 
at all and must be released upon capture. 

Presuming the law considers any bird older than a first year bird to be an 
adult, there seems to be NO circumstance under which any falconer should be 
poking around at Gilgo Beach for the purpose of pursuing that Gyrfalcon, (the 
only exception I can imagine would be if it is an escapee of theirs that they 
are trying to recover). 

Therefore, it seems that any such person attempting to pursue or otherwise 
involve themselves with the Gilgo Gyr would be engaged in criminal (and 
nefarious, which usually means wicked, villainous or unlawful) activity, unless 
they are a state DEC worker subject to the exceptions at the end of the 
section. Additionally, I'm of the impression that a falconer violating these 
provisions would also be breaking federal law, including the Migratory Bird 
Treaty Act. 

Thanks,
Tim Dunn
Babylon NY
Sent from my iPhone


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Re: [nysbirds-l] FW: Gilgo, Suffolk Co. Gyrfalcon

2013-02-24 Thread Luke Ormand 
Just an FYI to anyone who thinks they witness "nefarious" activities
(whatever that is defined...) falconers do have legal rights in the state
of NY and falconry is highly regulated in the state of NY.  For more
information on what falconers can and cannot do, please visit:
http://www.dec.ny.gov/regs/3940.html#13312

If a falconer is seen taking the bird/trying to take the bird/or is
suspected of taking the bird, the DEC can (and probably should) be
contacted and asked to provide any/all documentation pertaining to this
taking (most likely through a FOIL request - hopefully someone from the DEC
can give more specific information).  If we as birders want our "rights" to
be respected, it's best to respect the "rights" of others, regardless of if
"we" agree with them or not.

(P.S. no I'm not a falconer nor am I related to any)

- Luke Ormand



On Sun, Feb 24, 2013 at 7:58 PM,  wrote:

>
> I thought a brief explanation would be in order for all who are wondering
> why word of this bird did not get out via public forum until yesterday.
>
> My niece Holly Wilson and I found the Gyrfalcon last Sunday late morning,
> and it was seen only very intermittently and very briefly untill around 2
> PM, when it seemed to have vanished for good. Given a negative experience
> with another LI Gyrfalcon in the recent past, when a falconer came forward
> after the sighting and claimed to have lost the very bird (a fact  which
> defied verification), we decided to keep it word of mouth for the time
> being.
>
> Despite dedicated searching by several parties during the following week,
> the bird was NOT refound. When the NY RBA was published Friday night the
> bird was presumed to have moved on.
>
> Yesterday morning, Saturday, the Gyr was seen perched on an Osprey
> platform at Gilgo, and then flying off and disappearing to the southwest;
> subsequent searchers evenually spotted it perched on a low tree at a great
> distance out on the Gilgo marsh, with rain and fog and the bird's refusal
> to move precluding any detail of plumage and making for a very frustrating
> and wet experience. A known falconer was seen at Gilgo looking for the
> bird. We felt it would still be prudent not to post to NYSBirds, for
> reasons stated above and because of the potential sensitivity of the
> location, which is the beach restoration project staging area, very active
> Monday to Saturday. It was, however, reported on eBird by several birders.
>
> With the bird's performance today, and with word getting out far and wide,
> I am happy almost everyone who wanted to got to see it. I hope that it will
> stick around for the rest of the folks who try for it, and that if anyone
> witnesses any nefarious activity, it will be reported to this list and to
> the local Bay Constable and/or the DEC.
>
> Patricia Lindsay
> Bay Shore, NY
>
> --
>
> NYSbirds-L List Info:
> http://www.NortheastBirding.**com/NYSbirdsWELCOME
> http://www.NortheastBirding.**com/NYSbirdsRULES
> http://www.NortheastBirding.**com/**NYSbirdsSubscribeConfiguration**
> Leave.htm
>
> ARCHIVES:
> 1) 
> http://www.mail-archive.com/**nysbirds-l@cornell.edu/**maillist.html
> 2) 
> http://www.surfbirds.com/**birdingmail/Group/NYSBirds-L
> 3) 
> http://birdingonthe.net/**mailinglists/NYSB.html
>
> Please submit your observations to eBird:
> http://ebird.org/content/**ebird/ 
>
> --
>



-- 
- Luke

www.birdsoflongisland.blogspot.com

www.wildlongisland.blogspot.com

--

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ARCHIVES:
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Please submit your observations to eBird:
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--

Re: [nysbirds-l] FW: Gilgo, Suffolk Co. Gyrfalcon

2013-02-24 Thread Luke Ormand 
Just an FYI to anyone who thinks they witness nefarious activities
(whatever that is defined...) falconers do have legal rights in the state
of NY and falconry is highly regulated in the state of NY.  For more
information on what falconers can and cannot do, please visit:
http://www.dec.ny.gov/regs/3940.html#13312

If a falconer is seen taking the bird/trying to take the bird/or is
suspected of taking the bird, the DEC can (and probably should) be
contacted and asked to provide any/all documentation pertaining to this
taking (most likely through a FOIL request - hopefully someone from the DEC
can give more specific information).  If we as birders want our rights to
be respected, it's best to respect the rights of others, regardless of if
we agree with them or not.

(P.S. no I'm not a falconer nor am I related to any)

- Luke Ormand



On Sun, Feb 24, 2013 at 7:58 PM, pjlind...@optonline.net wrote:


 I thought a brief explanation would be in order for all who are wondering
 why word of this bird did not get out via public forum until yesterday.

 My niece Holly Wilson and I found the Gyrfalcon last Sunday late morning,
 and it was seen only very intermittently and very briefly untill around 2
 PM, when it seemed to have vanished for good. Given a negative experience
 with another LI Gyrfalcon in the recent past, when a falconer came forward
 after the sighting and claimed to have lost the very bird (a fact  which
 defied verification), we decided to keep it word of mouth for the time
 being.

 Despite dedicated searching by several parties during the following week,
 the bird was NOT refound. When the NY RBA was published Friday night the
 bird was presumed to have moved on.

 Yesterday morning, Saturday, the Gyr was seen perched on an Osprey
 platform at Gilgo, and then flying off and disappearing to the southwest;
 subsequent searchers evenually spotted it perched on a low tree at a great
 distance out on the Gilgo marsh, with rain and fog and the bird's refusal
 to move precluding any detail of plumage and making for a very frustrating
 and wet experience. A known falconer was seen at Gilgo looking for the
 bird. We felt it would still be prudent not to post to NYSBirds, for
 reasons stated above and because of the potential sensitivity of the
 location, which is the beach restoration project staging area, very active
 Monday to Saturday. It was, however, reported on eBird by several birders.

 With the bird's performance today, and with word getting out far and wide,
 I am happy almost everyone who wanted to got to see it. I hope that it will
 stick around for the rest of the folks who try for it, and that if anyone
 witnesses any nefarious activity, it will be reported to this list and to
 the local Bay Constable and/or the DEC.

 Patricia Lindsay
 Bay Shore, NY

 --

 NYSbirds-L List Info:
 http://www.NortheastBirding.**com/NYSbirdsWELCOMEhttp://www.NortheastBirding.com/NYSbirdsWELCOME
 http://www.NortheastBirding.**com/NYSbirdsRULEShttp://www.NortheastBirding.com/NYSbirdsRULES
 http://www.NortheastBirding.**com/**NYSbirdsSubscribeConfiguration**
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 ARCHIVES:
 1) 
 http://www.mail-archive.com/**nysbirds-l@cornell.edu/**maillist.htmlhttp://www.mail-archive.com/nysbirds-l@cornell.edu/maillist.html
 2) 
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 3) 
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 Please submit your observations to eBird:
 http://ebird.org/content/**ebird/ http://ebird.org/content/ebird/

 --




-- 
- Luke

www.birdsoflongisland.blogspot.com

www.wildlongisland.blogspot.com

--

NYSbirds-L List Info:
http://www.NortheastBirding.com/NYSbirdsWELCOME
http://www.NortheastBirding.com/NYSbirdsRULES
http://www.NortheastBirding.com/NYSbirdsSubscribeConfigurationLeave.htm

ARCHIVES:
1) http://www.mail-archive.com/nysbirds-l@cornell.edu/maillist.html
2) http://www.surfbirds.com/birdingmail/Group/NYSBirds-L
3) http://birdingonthe.net/mailinglists/NYSB.html

Please submit your observations to eBird:
http://ebird.org/content/ebird/

--

Re: [nysbirds-l] FW: Gilgo, Suffolk Co. Gyrfalcon

2013-02-24 Thread Tim Dunn 
A quick review of the link provided by Luke Ormand reflects that nestling 
falcons can only be taken between May 1 and July 15, first year birds can only 
be taken between September 1 and January 25, and adult birds may not be taken 
at all and must be released upon capture. 

Presuming the law considers any bird older than a first year bird to be an 
adult, there seems to be NO circumstance under which any falconer should be 
poking around at Gilgo Beach for the purpose of pursuing that Gyrfalcon, (the 
only exception I can imagine would be if it is an escapee of theirs that they 
are trying to recover). 

Therefore, it seems that any such person attempting to pursue or otherwise 
involve themselves with the Gilgo Gyr would be engaged in criminal (and 
nefarious, which usually means wicked, villainous or unlawful) activity, unless 
they are a state DEC worker subject to the exceptions at the end of the 
section. Additionally, I'm of the impression that a falconer violating these 
provisions would also be breaking federal law, including the Migratory Bird 
Treaty Act. 

Thanks,
Tim Dunn
Babylon NY
Sent from my iPhone


--

NYSbirds-L List Info:
http://www.NortheastBirding.com/NYSbirdsWELCOME
http://www.NortheastBirding.com/NYSbirdsRULES
http://www.NortheastBirding.com/NYSbirdsSubscribeConfigurationLeave.htm

ARCHIVES:
1) http://www.mail-archive.com/nysbirds-l@cornell.edu/maillist.html
2) http://www.surfbirds.com/birdingmail/Group/NYSBirds-L
3) http://birdingonthe.net/mailinglists/NYSB.html

Please submit your observations to eBird:
http://ebird.org/content/ebird/

--