Date: 5/23/13 3:17 pm
From: Harry Fink <harry...>
Subject: Re: [MDBirding] Black Rail - Howard County
Hey Jim,
Care to test that theory by birding over at NSA? I bet you will get
jailbird as a lifer.

Kidding aside, people need to be careful not to confuse ownership with
permission. Just because land is own by the government (local, state or
federal) it does not carry with it the implied consent to have access to
it. And just like private property, government owned property can be
trespassed on if consent has not been provided. As indicated in Joe's
email this location has No Trespassing signs posted.
See
MD CODE � 6-402. TRESPASS ON POSTED PROPERTY
MD CODE � 6-406. WANTON ENTRY ON CULTIVATED LAND
MD CODE, EDUCATION,� 26-102. TRESPASSING PROHIBITED
specifically
"Is not a bona fide, currently registered student, or staff or faculty
member at the institution, and who does not have lawful business to pursue
at the institution;"
and
"A person is guilty of a misdemeanor and on conviction is subject to a fine
not exceeding $1,000, imprisonment not exceeding 6 months, or both if he:
(1) Trespasses on the grounds of any public institution of elementary,
secondary, or higher education;
(2) Fails or refuses to leave the grounds of any of these institutions
after being requested to do so by a person designated in subsection (b) of
this section as being authorized to deny access to the buildings or grounds
of the institution; or
(3) Willfully damages or defaces any building, furnishing, statue,
monument, memorial, tree, shrub, grass, or flower on the grounds of any of
these institutions."




On Thu, May 23, 2013 at 4:59 PM, <Jlstasz...> wrote:

> **
> Hi Folks!
>
> The rail was not on private property, but on the University of Maryland
> Central Farm. This land is owned by the citizens of Maryland. The Howard
> County birders have perpetuated the myth that it is private property. In
> the past I specifically asked the local field trip coordinator how one
> obtains permission to bird there. My request was never answered. I since
> went to the location on my own and had no problem getting permission to
> bird there.
>
> Getting ready to be flamed....
>
> Jim Stasz
> North Beach MD
> Jlstasz @aol.com
>
> In a message dated 5/23/2013 4:05:48 P.M. Eastern Daylight Time,
> <auk1844...> writes:
>
> On Saturday, 5/18 we found a Black Rail in Howard County. This was a
> first record for Howard County. It called constantly in the middle of the
> day for at least 15 minutes. Unfortunately, when we tried to get another
> group on it, it remained silent and was not heard or seen again. Then there
> was a rain storm and the rail was never relocated. We tried again Sunday
> evening and conditions were very good for listening, but no rails called,
> so I assume it has moved on.
> Obviously, playback would not be appropriate for this species.
>
> The BLRA was on private property so access is very limited. There are
> several No Trespassing signs and on our return visit we were questioned by
> the Howard County Police but fortunately we had permission.
>
> I wish it had stayed around longer for more people to have had a chance to
> hear it. It was not in a location where a person could look for it on their
> own.
>
>
> Many videos and recordings were taken. Here is a link to a small sample.
> http://www.flickr.com/photos/55023563@N08/8805992850/
>
>
> --
> Joe Hanfman
> Columbia, MD
>
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