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January 2011

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From:
Bill Whan <[log in to unmask]>
Reply To:
Bill Whan <[log in to unmask]>
Date:
Wed, 19 Jan 2011 16:39:23 -0500
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        The bureaucratic responses exemplified in the two recent messages
quoted in part below are not surprising, unfortunately. What business
with a legal department would allow strangers on its property just to
look at birds, with all the potential liabilities involved?
        If asked, the folks who run airports, quarries, farms, etc. are
likely--and let us admit, understandably--to ask why they should expose
themselves to lawsuits from birders who might get hurt on their
properties, or the possibility they might be terrorist scouts, or
animal-rights activists investigating on behalf of a suit, economic
rivals seeking advantages by spying, etc., etc. They don't see any
advantage to be gained by welcoming birders, only disadvantages.
        Most of these properties might allow negotiated presences of
researchers, preferably sponsored by universities, etc., or even
scheduled limited birding events involving good publicity for their
firms, but they are not, even if implored, likely to welcome the birding
public in a general way.
        No doubt there are ways to look at birds on private property by viewing
from other less unwelcoming properties--public or private-- nearby,
especially if we behave ourselves scrupulously. But if owners of
property assert their rights to exclude us, we must comply. If a really
important rarity were to appear on private property, it's likely
negotiations might allow a few people to be admitted to document it, but
general admission might not be possible. Tough on the listers, but good
for science.
        To minimize the possibility of this happening, we need to be aware:
keep our distance, use adjacent properties if possible, and behave
ourselves in every way. In the words of one of the authors below, we
need to avoid wearing out our welcome by pushing the limits.
        Unfortunately, and to a certain degree understandably, just asking for
permission from property owners can result in some paranoid reactions.
If we ask we need to be diplomatic, explain the appeal of birds to the
general public, extol the good behavior of birders, congratulate
property owners for accommodating birds and observers, and obey all
restrictions they may nevertheless impose. Still, we may not always be
happy with the results. So it goes.
Bill Whan
Columbus

--A friend just called me from the Prairie Lane quarry south of Wooster.
There is a sign that says something to the effect of "No Birders
Allowed." An employee said that too many people were there over the
weekend and walked where they shouldn't have walked.  Looks like the
welcome has been worn out.


----The folks who run Melvin are friendly to birders but want them to
check in at the office and sign a statement with a lot of rules not
pertinent to our mission but required by the government. They want us to
check in each time we visit and to stay on or near the parking lot. It
is a small price for granting us the right to bird on their commercial
property. The office is not open on weekends though we have birded there
without trouble.

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