RE: Re:[nysbirds-l] Oystercatchers at Plumb Beach

2021-05-27 Thread Joe Jannsen
Yes, oystercatchers are protected by the MBTA.  MBTA does not include 
harassment, so for it to apply, you would need a direct take of an adult or 
eggs at this stage, or of chicks if it gets to that point.

Joe

From: TURNER 
Sent: Thursday, May 27, 2021 8:14 PM
To: Joe Jannsen ; Gus Keri ; Smith, Jason Y 
(DEC) ; Birding alert, NYSBirds, Birding alert 

Subject: RE: Re:[nysbirds-l] Oystercatchers at Plumb Beach


Wouldn't MBTA protect oystercatchers?



John T.
On May 27, 2021 at 5:54 PM Joe Jannsen 
mailto:jjann...@tnc.org>> wrote:

Yes—that was already arranged with NPS.



Thanks for also following up.



Joe



From: 
bounce-125669674-10871...@list.cornell.edu<mailto:bounce-125669674-10871...@list.cornell.edu>
 
mailto:bounce-125669674-10871...@list.cornell.edu>>
 On Behalf Of Gus Keri
Sent: Thursday, May 27, 2021 3:33 PM
To: Smith, Jason Y (DEC) 
mailto:jason.sm...@dec.ny.gov>>; Birding alert, 
NYSBirds, Birding alert mailto:nysbirds-l@cornell.edu>>
Subject: Re:[nysbirds-l] Oystercatchers at Plumb Beach



Thank you Jason for immediate response and action.
I hope this nest will survive until the weekend.
Gus

 On Thu, 27 May 2021 14:01:31 -0400 Smith, Jason Y (DEC) 
mailto:jason.sm...@dec.ny.gov>> wrote 
> div.zm_-5476009931034783622_parse_-1648336103378843337 P { margin-top: 0; 
> margin-bottom: 0 }Gus,
> Some potential good news. I was able to contact NPS and they will try and get 
> to the area by Saturday morning to put up a symbolic fence around the nest.
> It leaves them vulnerable for the next few days...but hopefully they can get 
> the area marked off before anything happens.
> Jason
> Jason C. Smith |Biodiversity Ecologist
> New York State Department of Environmental Conservation
> 47-40 21st Street, Long Island City, NY 11101
> Phone: 718-482-4919 | Fax: 718-482-4502
> Email: jason.sm...@dec.ny.gov<mailto:jason.sm...@dec.ny.gov>
> "We can't solve problems by using the same kind of thinking we used when we 
> created them" -Einstein
>
>
>
>
> From: Smith, Jason Y (DEC)
> Sent: Thursday, May 27, 2021 12:34 PM
> To: gusk...@zoho.com<mailto:gusk...@zoho.com> 
> mailto:gusk...@zoho.com>>
> Subject: Oystercatchers at Plumb Beach Gus,
> I'm a biologist with the NYDEC out of the Long Island City regional office. A 
> co-worker forwarded me your email about the Oystercatcher nest at Plumb Beach.
> While I am not familiar with this nest in 2021, I am very familiar with where 
> the Oystercatchers have tried to nest in the past on that beach. 
> Unfortunately, it has never ended well.
> Both the National Park Service and the NYC Parks & Recreation are responsible 
> for managing that property and it is generally managed as a recreational 
> access area and not as protected area for nesting shorebirds or waterbirds. 
> Plumb Beach primarily serves as a kayak/wind surfing launch, and a rest area 
> for vehicles travelling on the Belt Parkway. As you note, there is a lot of 
> recreational foot traffic through there. And folks with dogs usually take 
> them off their leash there to run. Which is prohibited, but largely goes 
> unenforced as there are no permanent staff there.
> The area just north of Plumb Beach, Marine Park does have an area that is 
> preserved for wildlife. Here is a link to the NYC Parks website for the 
> preserve: Forever Wild : NYC Parks (nycgovparks.org)Forever Wild : NYC 
> ParksMost of the Marine Park Preserve consists of salt marshes and uplands 
> that flank Gerritsen Creek, the westernmost freshwater inlet of Jamaica Bay. 
> Jamaica Bay is an 18,000-acre wetland estuary that provides a unique 
> environment for both wildlife preservation and urban recreation. Enclosed by 
> the ...www.nycgovparks.org
> This area is the reason why Plumb Beach is so attractive to Oystercatchers. 
> So, in a way it was the NPS and NYC Parks' way of finding a compromise for 
> the two land use issues in the area. If the Oystercatchers would only nest 
> across the channel(north of the marina and south of the bridge crossing the 
> channel between Plumb and Marine Park) from where you are likely seeing them 
> (as you go around the bend towards the wetland north of the beach) that would 
> eliminate the conflict. That area isn't currently suited obviously, otherwise 
> the Oystercatchers would nest there. But it could be set up to.
>
> The area where they are (likely) nesting is suited, if not for the high level 
> of recreational activity. Even without any dogs off their leash.
> I will however reach out to colleagues at the NPS and make sure they are 
> aware of the nest and ask if they can demark the area. Unfortunately, 
> American Oystercatcher are not protected under NYS law as a threatened, 
> endangered, or spec

RE: Re:[nysbirds-l] Oystercatchers at Plumb Beach

2021-05-27 Thread TURNER
Wouldn't MBTA protect oystercatchers? 


John T. 

> On May 27, 2021 at 5:54 PM Joe Jannsen  wrote:
> 
> 
> Yes—that was already arranged with NPS. 
> 
>  
> 
> Thanks for also following up.
> 
>  
> 
> Joe
> 
>  
> 
> From: bounce-125669674-10871...@list.cornell.edu 
>  On Behalf Of Gus Keri
> Sent: Thursday, May 27, 2021 3:33 PM
> To: Smith, Jason Y (DEC) ; Birding alert, 
> NYSBirds, Birding alert 
> Subject: Re:[nysbirds-l] Oystercatchers at Plumb Beach
> 
>  
> 
> Thank you Jason for immediate response and action.
> I hope this nest will survive until the weekend.
> Gus
> 
>  On Thu, 27 May 2021 14:01:31 -0400 Smith, Jason Y (DEC) 
> mailto:jason.sm...@dec.ny.gov > wrote 
> > div.zm_-5476009931034783622_parse_-1648336103378843337 P { margin-top: 
> 0; margin-bottom: 0 }Gus,
> > Some potential good news. I was able to contact NPS and they will try 
> and get to the area by Saturday morning to put up a symbolic fence around the 
> nest.
> > It leaves them vulnerable for the next few days...but hopefully they 
> can get the area marked off before anything happens.
> > Jason
> > Jason C. Smith |Biodiversity Ecologist
> > New York State Department of Environmental Conservation
> > 47-40 21st Street, Long Island City, NY 11101
> > Phone: 718-482-4919 | Fax: 718-482-4502
> > Email: jason.sm...@dec.ny.gov mailto:jason.sm...@dec.ny.gov
> > "We can't solve problems by using the same kind of thinking we used 
> when we created them" -Einstein
> >
> >
> >
> >
> > From: Smith, Jason Y (DEC)
> > Sent: Thursday, May 27, 2021 12:34 PM
> > To: gusk...@zoho.com mailto:gusk...@zoho.com  mailto:gusk...@zoho.com >
> > Subject: Oystercatchers at Plumb Beach Gus,
> > I'm a biologist with the NYDEC out of the Long Island City regional 
> office. A co-worker forwarded me your email about the Oystercatcher nest at 
> Plumb Beach.
> > While I am not familiar with this nest in 2021, I am very familiar with 
> where the Oystercatchers have tried to nest in the past on that beach. 
> Unfortunately, it has never ended well.
> > Both the National Park Service and the NYC Parks & Recreation are 
> responsible for managing that property and it is generally managed as a 
> recreational access area and not as protected area for nesting shorebirds or 
> waterbirds. Plumb Beach primarily serves as a kayak/wind surfing launch, and 
> a rest area for vehicles travelling on the Belt Parkway. As you note, there 
> is a lot of recreational foot traffic through there. And folks with dogs 
> usually take them off their leash there to run. Which is prohibited, but 
> largely goes unenforced as there are no permanent staff there.
> > The area just north of Plumb Beach, Marine Park does have an area that 
> is preserved for wildlife. Here is a link to the NYC Parks website for the 
> preserve: Forever Wild : NYC Parks (nycgovparks.org)Forever Wild : NYC 
> ParksMost of the Marine Park Preserve consists of salt marshes and uplands 
> that flank Gerritsen Creek, the westernmost freshwater inlet of Jamaica Bay. 
> Jamaica Bay is an 18,000-acre wetland estuary that provides a unique 
> environment for both wildlife preservation and urban recreation. Enclosed by 
> the ...www.nycgovparks.org
> > This area is the reason why Plumb Beach is so attractive to 
> Oystercatchers. So, in a way it was the NPS and NYC Parks' way of finding a 
> compromise for the two land use issues in the area. If the Oystercatchers 
> would only nest across the channel(north of the marina and south of the 
> bridge crossing the channel between Plumb and Marine Park) from where you are 
> likely seeing them (as you go around the bend towards the wetland north of 
> the beach) that would eliminate the conflict. That area isn't currently 
> suited obviously, otherwise the Oystercatchers would nest there. But it could 
> be set up to.
> >
> > The area where they are (likely) nesting is suited, if not for the high 
> level of recreational activity. Even without any dogs off their leash.
> > I will however reach out to colleagues at the NPS and make sure they 
> are aware of the nest and ask if they can demark the area. Unfortunately, 
> American Oystercatcher are not protected under NYS law as a threatened, 
> endangered, or special concern species. So, I cannot require them to take any 
> action. But they have tried to help Oystercatchers nesting in precarious 
> locations in the past, so there is hope.
> > From a longer-term solution perspective, I will reach out to NYC Parks 
> and see if they can't provide some signs near the concessions/restroom area 
> that alert visitors to the potential for encountering beach nesting birds 
> (and migratory shorebird stopovers too...both NPS and Parks acknowledge the 
> area for important horseshoe crab spawning area that it is). And re-enforce 
> the dog leash law for

RE: Re:[nysbirds-l] Oystercatchers at Plumb Beach

2021-05-27 Thread Joe Jannsen
Yes—that was already arranged with NPS.

Thanks for also following up.

Joe

From: bounce-125669674-10871...@list.cornell.edu 
 On Behalf Of Gus Keri
Sent: Thursday, May 27, 2021 3:33 PM
To: Smith, Jason Y (DEC) ; Birding alert, NYSBirds, 
Birding alert 
Subject: Re:[nysbirds-l] Oystercatchers at Plumb Beach

Thank you Jason for immediate response and action.
I hope this nest will survive until the weekend.
Gus

 On Thu, 27 May 2021 14:01:31 -0400 Smith, Jason Y (DEC) 
mailto:jason.sm...@dec.ny.gov>> wrote 
> div.zm_-5476009931034783622_parse_-1648336103378843337 P { margin-top: 0; 
> margin-bottom: 0 }Gus,
> Some potential good news. I was able to contact NPS and they will try and get 
> to the area by Saturday morning to put up a symbolic fence around the nest.
> It leaves them vulnerable for the next few days...but hopefully they can get 
> the area marked off before anything happens.
> Jason
> Jason C. Smith |Biodiversity Ecologist
> New York State Department of Environmental Conservation
> 47-40 21st Street, Long Island City, NY 11101
> Phone: 718-482-4919 | Fax: 718-482-4502
> Email: jason.sm...@dec.ny.gov
> "We can't solve problems by using the same kind of thinking we used when we 
> created them" -Einstein
>
>
>
>
> From: Smith, Jason Y (DEC)
> Sent: Thursday, May 27, 2021 12:34 PM
> To: gusk...@zoho.com 
> mailto:gusk...@zoho.com>>
> Subject: Oystercatchers at Plumb Beach Gus,
> I'm a biologist with the NYDEC out of the Long Island City regional office. A 
> co-worker forwarded me your email about the Oystercatcher nest at Plumb Beach.
> While I am not familiar with this nest in 2021, I am very familiar with where 
> the Oystercatchers have tried to nest in the past on that beach. 
> Unfortunately, it has never ended well.
> Both the National Park Service and the NYC Parks & Recreation are responsible 
> for managing that property and it is generally managed as a recreational 
> access area and not as protected area for nesting shorebirds or waterbirds. 
> Plumb Beach primarily serves as a kayak/wind surfing launch, and a rest area 
> for vehicles travelling on the Belt Parkway. As you note, there is a lot of 
> recreational foot traffic through there. And folks with dogs usually take 
> them off their leash there to run. Which is prohibited, but largely goes 
> unenforced as there are no permanent staff there.
> The area just north of Plumb Beach, Marine Park does have an area that is 
> preserved for wildlife. Here is a link to the NYC Parks website for the 
> preserve: Forever Wild : NYC Parks (nycgovparks.org)Forever Wild : NYC 
> ParksMost of the Marine Park Preserve consists of salt marshes and uplands 
> that flank Gerritsen Creek, the westernmost freshwater inlet of Jamaica Bay. 
> Jamaica Bay is an 18,000-acre wetland estuary that provides a unique 
> environment for both wildlife preservation and urban recreation. Enclosed by 
> the ...www.nycgovparks.org
> This area is the reason why Plumb Beach is so attractive to Oystercatchers. 
> So, in a way it was the NPS and NYC Parks' way of finding a compromise for 
> the two land use issues in the area. If the Oystercatchers would only nest 
> across the channel(north of the marina and south of the bridge crossing the 
> channel between Plumb and Marine Park) from where you are likely seeing them 
> (as you go around the bend towards the wetland north of the beach) that would 
> eliminate the conflict. That area isn't currently suited obviously, otherwise 
> the Oystercatchers would nest there. But it could be set up to.
>
> The area where they are (likely) nesting is suited, if not for the high level 
> of recreational activity. Even without any dogs off their leash.
> I will however reach out to colleagues at the NPS and make sure they are 
> aware of the nest and ask if they can demark the area. Unfortunately, 
> American Oystercatcher are not protected under NYS law as a threatened, 
> endangered, or special concern species. So, I cannot require them to take any 
> action. But they have tried to help Oystercatchers nesting in precarious 
> locations in the past, so there is hope.
> From a longer-term solution perspective, I will reach out to NYC Parks and 
> see if they can't provide some signs near the concessions/restroom area that 
> alert visitors to the potential for encountering beach nesting birds (and 
> migratory shorebird stopovers too...both NPS and Parks acknowledge the area 
> for important horseshoe crab spawning area that it is). And re-enforce the 
> dog leash law for the area. Again, I cannot require them to do so.
> To your point Gus, this area has seen a lot of nesting attempts by American 
> Oystercatchers over the last several years. It may be time to reconsider how 
> the area is viewed, and maybe a solution which allows for some areas to be 
> sheltered from recreational activities can be found in the future.
> I will try to keep you updated as to any p