Date: 5/23/13 5:47 pm
From: Rick Borchelt <rborchelt...>
Subject: Re: [MDBirding] Black Rail - Howard County
If I could offer a perspective from someone with no dog in this hunt but with a lot of experience navigating land access issues in the lep community ...

I think the fundamental disconnect in these discussions is over the use of the term "private land." This term, in the lep community, means land held by a private individual or corporate entity that has no responsibility to, or expectation that it will, provide access to anyone except as their whims dictate. If I understand correctly, this is not the case with the Central Farm. It is, legally, "public land with restricted access," and some one or ones responsible to public governance makes decisions about granting said access.

The implicit understanding about decisions regarding access to "public land with restricted access" is that access decisions be made on an equitable basis to all parties who petition with good cause for access. This does not mean that the land manager must open up the property to anyone who requests it. It means that the rules about access are transparent, that the petition process is public, and that decisions to allow or disallow access are based in some articulated and accessible set of guidelines, and are communicated to the requester within a reasonable amount of time. This does not seem to be the case with management at Central Farm or in the discussion about access to this property (or some other properties discussed from time to time) on the listserv.

The members of this list are in a good position to help Central Farm develop and publicize those guidelines for the benefit of the Maryland birding community. With respect to those who enjoy access currently, I can understand the desire to retain that access if the decision of the land manager is to restrict access to limited numbers of visitors under controlled conditions (which may well be warranted by the environmental or cultural conditions of the property -- I can't speak to that). A caring and sharing community, however, might graciously opt to let others enjoy access as well under rotating or other equitable guidelines, even if it means this is no longer exclusively "their" spot.

I speak from experience in saying that occasional field trips for those in the know does not substitute for a fair and open access policy, and only deepens the perception of "clubhouse" privilege, to use a country club term from my (distinctly unprivileged) youth.

My recommendation -- if i could presume to offer one -- would be that on this list the use of the term "private land" be restricted to property under private, not governmental (local, regional, state, federal) control. And if the sighting is from land under some version of public ownership, the name of the location be announced along with contact information others could use to request access, if known. This approach has worked well on a number of the lep listservs I moderate or belong to, and generally relieved a lot of the kinds of tension this discussion has engendered.

Rick Borchelt

http://www.leplog.com
College Park, MD

On May 23, 2013, at 6:54 PM, Russ Ruffing <ruff2...> wrote:

> Well, I am a very recent Howard County birder so I can't lay claim to perpetrating any myth. However, I am familiar with how the farm is run by the University of Maryland, and I can say without any hesitation that if birders begin to indiscriminately show up at the farm site in numbers, it will most definitely result in the curtailment of access for everyone in short order. The idea that it is property owned by the citizens of Maryland and therefore that infers open access to everyone is faulty in my opinion. I remember in my college days a student or two trespassing at night at PSU's Beaver Stadium - also a facility ostensibly "owned by the citizens" - and promptly getting arrested for trespass and spending a night in jail. The farm is no different. It is managed by the Farm Manager and we (and anyone else) visit at his pleasure.
>
> Now maybe Jim got access the times he went to the Farm. So be it. Others might just be able to do that too - at first. When numbers of people just start showing up wanting access, it will evaporate for all of us in short order. That's my opinion. If the Farm Manager wants to weigh in on this and contradict what we believe to be true, GREAT! Then we can all have access at any time. We shall see. Nobody is trying to restrict other birders. It's just a desire to protect access to a great site. Haven't we lost access at enough sites in the past to at least give pause before rushing headlong into this?
>
> I also take a bit of offense at the insinuation that Howard Birders have some personal agenda and try to restrict other birders access to sites and opportunities at rarities when they show up in County. I have heard this purported now in this forum and from personal communications to me in the past. I couldn't find that to be farther from the truth. They are all good people, actively engaged in our hobby, and genuinely concerned first about the birds we all love and chase, and second about what somebody else wants or needs on their year/county/life list. Isn't that how it should be for all of us?
>
> Russ Ruffing
>
> On 05/23/13, <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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