I wonder if the loggers are able to play the "dk" card--they didn't know the owls were there. Those of us who regularly go owling can attest to how difficult owl nests can be to locate. I imagine that plays into industry hands...
Here in Ohio we had a local neighborhood treelawn with a(n admittedly decrepit-looking) sycamore on it that was home to some very visible and unflappable ESOs. They were local celebrities and enticed many newcomers to the hobby. Then one morning the city came and cut the tree down--no one in the area knew it was happening until it was already too late. I suspect the tree-service workers didn't know the owls were there and probably didn't even notice them fleeing the nest when they started cutting. I don't know what kind of diligence cities (or logging companies) must do prior to activities like this. Maybe if we'd had some advance knowledge of the cutting and had been able to inform public works of the nest, we could have prevented the disturbance. But I suspect cities and capitalist ventures (like loggers) prefer not to know and make it a self-preservationist habit to do as little diligence as legally possible.
Noah
Cleveland now/Annapolis soon
On May 10, 2013, at 3: 08 PM, Phil Davis <pdavis...> wrote:
> Hi George, et al.
>
> The MBTA protects all North American birds, except for the "introduced species" (starlings, pigeons, house sparrow, etc.) and game birds can be regulated by the states. Screech owls are definitely on the list of ~900 birds (including their nests and eggs) that are protected.
>
> Some reference links ...
>
> http://www.fws.gov/laws/lawsdigest/migtrea.html
>
> http://www.fws.gov/migratorybirds/RegulationsPolicies/mbta/mbtandx.html
>
> http://www.fsa.usda.gov/FSA/webapp?area=home&subject=ecrc&topic=waf-ma
>
> http://en.wikipedia.org/wiki/Migratory_Bird_Treaty_Act_of_1918
>
> I've never understood why tree cutting and logging is allowed during the nesting season without, perhaps, surveying and certifying that no nests will be impacted. This is the same law that is totally ignored by the Federal Government when it comes to wind turbines killing raptors and other species.
>
> Hope this helps ...
>
> Phil
>
>
> At 08:12 05/10/2013, George M. Jett wrote:
>> Phil
>>
>> Are Screech Owl migratory? Maybe under the raptor regulations?
>>
>> George
>> <gmjett...>
>> www.georgejett.net
>> -----Original Message----- From: Phil Davis
>> Sent: Friday, May 10, 2013 2:34 AM
>> To: MDbirding
>> Subject: Re: [MDBirding] screech owl nest needed!
>>
>> So ... why isn't the logger in violation of the Migratory Bird Treaty Act?
>>
>> Phil
>>
>>
>> At 16:08 05/09/2013, Steve Huy wrote:
>>> A raptor rehab center in Montgomery County is in need of a screech owl nest in which to foster a pair of young owls that were made homeless in a timbering operation. Their nest tree was cut down, and due to the continuing cutting, it was determined by the rehabilitator that they could not be returned to the area.
>>>
>>> If you know of an active screech owl nest, please contact Suzanne Shoemaker of Owl Moon Raptor Center at <owlmoonrc...>
>>>
>>> Information on the center can be found at http://owlmoon.org/
>>>
>>> I am not affiliated with the center, but Suzanne had sought my assistance (I haven't been out to look for nests this year) and asked that I pass this on to people that might know of something.
>>
>> ==================================
>> Phil Davis Davidsonville, Maryland USA
>> mailto:<PDavis...>
>> ==================================
>
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