Shortly after catching the birding bug I became aware of an area, a valley tucked between two mesas, within walking distance of my house. Bored with the robins and magpies in my front yard, I longed to branch out to more open areas. A popular place to walk your dog, it was but a sample of foothill habitat, patched with mountain mahogany and skunkbush. Here I discovered a pair of nesting Red-tailed Hawks. After awhile, I became aware of an easier way to enter “the foothills”: a neighbors backyard. I was also aware of the suspicion I would elicit. Furthermore, this neighbor had a smoosh-faced pug that would surely have a yapping fit. I asked the neighbor for permission and found that, after explaining my birdy endeavors, they were quite open to letting me cross their yard. The dog remains a problem to this day.
Many “trespassing” situations are not so simple. Consider the following true story: a birder in southeast Arizona knew about a Flame-colored Tanager in TNC Ramsey Canyon Preserve. The tanager was on private land around the refuge manager’s house. After speaking to all the birders the manager did not invite anyone into the yard to see the bird, the bird remained heard only. A few birders suggested sneaking in after the manager left. Although no one did, most people agreed that walking near the off limits area was not unethical assuming sensitive species were not present. The ABA Birding Code of Ethics suggests “Before advertising the presence of a rare bird, evaluate the potential for disturbance to the bird, its surroundings, and other people in the area, and proceed only if access can be controlled, disturbance minimized, and permission has been obtained from private land-owners.” Would it have been ok for the birders to proceed in search of the Flame-colored Tanager? Do you agree with their line of thinking?
Potentially HUGE topic, which can not be answered in a short response. This is an area of great importance to all of us who enjoy birding. However, while we ‘police’ ourselves I also feel it is critically important that we don’t go overboard. Hunters actually kill things. They commonly lobby to import non-native species which they would like to kill. And then, of all things they have the boldness to claim that they are the original conservationists. So Teddy Roosevelt made a lot of headway followed up by quite a few responsible groups and individuals, but in my opinion they… Read more »
Respecting private property is essential for birders if they want to remain on the non-birding public’s “good side.” The ABA’s code of ethics, “the rules of birding,” is a must read for any birder, old and young, who wish to help keep a good name for birding.
Also, Joel and I have had no problems getting permission to bird private property. Our neighbors are very supportive of our birdy interests and are always curious as to what we are finding.
Good Birding,
Marcel
Marcel is right, but unfortunately many don’t follow the ABA rules. Recently, there was a Tufted Duck at a gov. sewage plant in Winston-Salem, NC, and a nervous birder drove through the gate w/o checking in at 45mph! The plant threatened to close to birders, but some other birders apologized and they decided to keep it open.
In the country, if land isn’t posted No Trespassing or No Hunting you do have the right to cross it and I would think this extends to birders. In the city I’m sure it’s different and would depend on local laws. Sometimes there’s a crossover of situations — I was exploring some seemingly rugged bluffs a few years ago, finding a turkey buzzard nest on one of the ledges I crossed (something I had never seen before) and only a hundred yards above that discovered I had left the park boundaries and crossed over into a restricted access gated community.… Read more »