I received the email below from a friend and concerned citizen that may be of interest to the birding community. Tina Green Westport Begin forwarded message: > From: Alec Wiggin <alec@aabalonered.com> > Date: April 8, 2013, 9:25:39 AM EDT > To: Tina Green > > Tina, > > The Darien Police in an effort to keep osprey fro nesting atop their communication tower are firing bottle rocket type noise makers at the site as they attempt to add sticks to the pile. > > This happened also last Friday. These birds had a nest here last year. I have seen them mate on the tower. > > Thought the COA should know. Alec > > > > >> _______________________________________________ >> This list is provided by the Connecticut Ornithological Association (COA) for the discussion of birds and birding in Connecticut. >> For subscription information visit http://lists.ctbirding.org/mailman/listinfo/ctbirds_lists.ctbirding.org

So do these same types of laws apply in CT? I have not looked at the CT laws lately. Thoughts? In New Jersey Ospreys nest throughout New Jersey in the breeding season, April 1 to August 31, with most nests found along the Atlantic Coast. Osprey nests are protected during the breeding season under the New Jersey Endangered and Nongame Species Conservation Act and the Federal Migratory Bird Treaty Act. These laws require that nests be left free from disturbance, harassment and take. Actions that cause ospreys to change their behavior, and especially to leave their nest, constitute disturbance and are illegal under State and Federal law. Cheers, Mardi Dickinson http://kymrygroup.com/ On Apr 8, 2013, at 12:17 PM, Tina and Peter Green wrote: > I received the email below from a friend and concerned citizen that may be of interest to the birding community. > > Tina Green > Westport > > Begin forwarded message: > >> From: Alec Wiggin <alec@aabalonered.com> >> Date: April 8, 2013, 9:25:39 AM EDT >> To: Tina Green >> >> Tina, >> >> The Darien Police in an effort to keep osprey fro nesting atop their communication tower are firing bottle rocket type noise makers at the site as they attempt to add sticks to the pile. >> >> This happened also last Friday. These birds had a nest here last year. I have seen them mate on the tower. >> >> Thought the COA should know. Alec >> >> >> >> >>> _______________________________________________ >>> This list is provided by the Connecticut Ornithological Association (COA) for the discussion of birds and birding in Connecticut. >>> For subscription information visit http://lists.ctbirding.org/mailman/listinfo/ctbirds_lists.ctbirding.org > _______________________________________________ > This list is provided by the Connecticut Ornithological Association (COA) for the discussion of birds and birding in Connecticut. > For subscription information visit http://lists.ctbirding.org/mailman/listinfo/ctbirds_lists.ctbirding.org

I phoned DEP: Other Emergencies line: 860-424-3333 and was first told by the man who answered that an official had in fact already been out last week in response to the first call about this and determined that what the police were doing was not 'illegal'. I asked how that could be when the Fed treaty clearly says no harassment. He referred me to someone else who says they're actually still looking into this, that Jenny Dixon their lead biologist is 'working with state and federal wildlife officials' to determine whether or not the action is illegal. Some Communications towers are able to obtain permits for nest removal. Bet it just happens that this one suddenly has acquired such a permit. -----Original Message----- From: CTBirds [mailto:ctbirds-bounces@lists.ctbirding.org] On Behalf Of Mardi Dickinson Sent: Monday, April 08, 2013 12:44 PM To: CT Birds Birds List Subject: Re: [CT Birds] Darien Ospreys being harassed So do these same types of laws apply in CT? I have not looked at the CT laws lately. Thoughts? In New Jersey Ospreys nest throughout New Jersey in the breeding season, April 1 to August 31, with most nests found along the Atlantic Coast. Osprey nests are protected during the breeding season under the New Jersey Endangered and Nongame Species Conservation Act and the Federal Migratory Bird Treaty Act. These laws require that nests be left free from disturbance, harassment and take. Actions that cause ospreys to change their behavior, and especially to leave their nest, constitute disturbance and are illegal under State and Federal law. Cheers, Mardi Dickinson http://kymrygroup.com/ On Apr 8, 2013, at 12:17 PM, Tina and Peter Green wrote: > I received the email below from a friend and concerned citizen that may be of interest to the birding community. > > Tina Green > Westport > > Begin forwarded message: > >> From: Alec Wiggin <alec@aabalonered.com> >> Date: April 8, 2013, 9:25:39 AM EDT >> To: Tina Green >> >> Tina, >> >> The Darien Police in an effort to keep osprey fro nesting atop their communication tower are firing bottle rocket type noise makers at the site as they attempt to add sticks to the pile. >> >> This happened also last Friday. These birds had a nest here last year. I have seen them mate on the tower. >> >> Thought the COA should know. Alec >> >> >> >> >>> _______________________________________________ >>> This list is provided by the Connecticut Ornithological Association (COA) for the discussion of birds and birding in Connecticut. >>> For subscription information visit http://lists.ctbirding.org/mailman/listinfo/ctbirds_lists.ctbirding.org > _______________________________________________ > This list is provided by the Connecticut Ornithological Association (COA) for the discussion of birds and birding in Connecticut. > For subscription information visit http://lists.ctbirding.org/mailman/listinfo/ctbirds_lists.ctbirding.org _______________________________________________ This list is provided by the Connecticut Ornithological Association (COA) for the discussion of birds and birding in Connecticut. For subscription information visit http://lists.ctbirding.org/mailman/listinfo/ctbirds_lists.ctbirding.org

I also phoned DEEP and was told that they are aware of this activity and that it is legal. I have a call into US Fish and Wildlife as to their interpretation of what exactly constitutes harassment or disturbance. The following is taken verbatim from the DEEP website. "Disturbance of ospreys is prohibited under the Federal Migratory Bird Treaty Act of 1918 and the Connecticut General Statutes Section 26-92." Maybe if enough people make a formal complaint to the town,state,and Federal government agencies when these situations arise, they will try to come up with better solutions. How about erecting an osprey platform close by as an alternative? Surely this could be a win-win situation for the town of Darien instead of a public relations disaster. Tina Green Westport _______________________________________________ This list is provided by the Connecticut Ornithological Association (COA) for the discussion of birds and birding in Connecticut. For subscription information visit http://lists.ctbirding.org/mailman/listinfo/ctbirds_lists.ctbirding.org

A friend of mine who lives in Darien, but is not on this list, was equally disturbed by the harassment of the osprey. In talking with her neighbors on Saturday she thinks she may have found a young man who would be willing to take on the permitting, fund raising, and construction needs involved in setting up an osprey platform as an eagle scout project so Tina's suggestion seems like a case of great minds thinking alike. I will ask my friend to investigate with the young man if he is serious and anyone who would like further info can contact me offline if they are interested in helping him or knowing more. Tina, I will contact you directly if he takes this on so you know your idea took hold. It would be poetic justice if an osprey was helped by an eagle even if the eagle was a scout. John Hannan Audubon Connecticut -----Original Message----- From: CTBirds [mailto:ctbirds-bounces@lists.ctbirding.org] On Behalf Of Tina and Peter Green Sent: Monday, April 08, 2013 2:52 PM To: mardi dickinson; ct birds Subject: Re: [CT Birds] Darien Ospreys being harassed I also phoned DEEP and was told that they are aware of this activity and that it is legal. I have a call into US Fish and Wildlife as to their interpretation of what exactly constitutes harassment or disturbance. The following is taken verbatim from the DEEP website. "Disturbance of ospreys is prohibited under the Federal Migratory Bird Treaty Act of 1918 and the Connecticut General Statutes Section 26-92." Maybe if enough people make a formal complaint to the town,state,and Federal government agencies when these situations arise, they will try to come up with better solutions. How about erecting an osprey platform close by as an alternative? Surely this could be a win-win situation for the town of Darien instead of a public relations disaster. Tina Green Westport _______________________________________________ This list is provided by the Connecticut Ornithological Association (COA) for the discussion of birds and birding in Connecticut. For subscription information visit http://lists.ctbirding.org/mailman/listinfo/ctbirds_lists.ctbirding.org _______________________________________________ This list is provided by the Connecticut Ornithological Association (COA) for the discussion of birds and birding in Connecticut. For subscription information visit http://lists.ctbirding.org/mailman/listinfo/ctbirds_lists.ctbirding.org