Blog #430 Is It Legal to Tear Down an Osprey Nest?
Female Osprey carrying stick to nest, courtesy of University of Montana.
Nearly every spring outraged birders tell me about Osprey nests they have seen torn down by NYSEG (New York State Electric and Gas). How can this be legal? Don’t the Migratory Bird Act of 1908 (MBA) and the Migratory Bird Treaty Act of 1918 (MBTA) protect migratory birds, including their nests, eggs, and chicks? The 1908 law and its hundred years of treaties was the foundation of the America’s conservation legacy, that is until Trump came to town. One of his first moves was gutting the MBTA: industry benefited and the environment lost. Much of the MBTA has been reinstated, although there are still serious loopholes favoring industry by permitting "incidental takes" or animals unintentionally captured, live or dead, during industrial operations.
An Osprey nest is considered active if it contains viable eggs and/or chicks. A nest becomes active when the first egg is laid and remains active until fledged young are no longer dependent on the nest. Nests that are empty, contain non-viable eggs, or are being built but do not yet have an egg are considered inactive. And there’s the rub.
The MBTA, the United States Fish and Wildlife Services (USFWS), and NYSEG use the same definition of an “inactive” nests, (a nest without eggs) in their rules, regulations, and permitting, taking away needed protection for the Osprey. Not only do these government agencies grant permits in situations where an individual or entity may destroy an active nest, they also allow “inactive” nests to be torn down. The issue here is the definition of “inactive” nest. I contend that the nest building phase is part of the reproductive process just as much as the laying phase is and deserves equal protection.
Male brings fish to his mate on top of the nest they are building, courtesy of Cindy Sedlacek.
In the Cayuga Basin, Ospreys can begin nesting in mid-March; however, NYSEG is permitted to remove “inactive” nests from September to April 1. What should be considered “actively building” nests are being torn down legally by NYSEG. Either move the date back to March 1 when no Ospreys are nesting building or exclude nests that are actively being built from these destructive rulings.
A few years ago, a pair of Osprey built a nest on the “bat box pole” next to the fishing pond in Ithaca’s Stewart Park. There were no eggs in it when NYSEG tore the nest down. The Osprey pair showed their displeasure by screaming and flying loops around the workmen as onlookers asked what NYSEG was doing. Apparently, the electric line on the pole serviced an important area of downtown; NYSEG did not want to risk an outage. The Osprey pair, determined and unwavering as Osprey can be, rebuilt the nest by morning. NYSEG returned and pulled the nest apart again with their insulated Fiberglass poles (called "Hot Sticks") to the screams and dodges of the Ospreys. Shortly after NYSEG left, the Ospreys went back to work building another nest, this time much smaller.
Lineman using an insulated “hot stick” to touch an electrified wire, courtesy of NYSEG.
The war began anew the next morning when NYSEG workers used their "Hot Sticks" to yank the sticks down again. This time the Ospreys did not rebuild to the disappointment of the growing group of onlookers and left the area. They had probably run out ATP—molecules that store and transport energy. Ospreys eat fish to get the energy needed energy to hunt, build nests, defend themselves, and reproduce, but they have not evolved to build five nests in a row! That’s exhausting and prevents them from reproducing that year.
Some nest removals are necessary as was the nest built on Warren Road along the Ithaca Airport flight path. This was an obvious hazard to both airline passengers and the birds. The nest had to go. After several rounds of removing the nest and having the Osprey rebuild it, NYSEG tried the preferred method—giving the birds an alternate place to live. NYSEG blocked further building by putting traffic cones on the troublesome utility pole. An Osprey platform was built by nearby Cornell University ponds, and it has proven to be an excellent place to nest. Three more platforms have been installed since this relocation.
Nest on Neimi Road, Freeville, burst into flames.
NYSEG should be more proactive to prevent nest fires and service outages for the health and safety of the community. Providing alternative housing for these birds is the safest and most expedient way to preclude hazardous Osprey nests. Either relocate the nest to a riser—a nest box built a safe distance above the electric wires—or build a dedicated Osprey platform near the troublesome pole. These are fairly simple, direct and economic ways to deal with Osprey nests with good outcomes for all, but only NYSEG and the other utility companies have both responsibility and the capability.
It is also time for a new definition of “inactive” nest as well as more stringently constraints on the dates in which demolition is allowed.
Dedicated Osprey Platform, courtesy of Cindy Sedlacek.
Eyes to the sky!
Candace
Candace E. Cornell
Friends of Salt Point, Lansing, NY
Cayuga Lake Osprey Network
Guest Photographer:
Cynthia Sedlacek, musician and Director of Data Administration and Reporting at Cornell University, is a surprising artistic talent. Cynthia’s affection and admiration for raptors are evident in her exciting photographs primarily of Ospreys nesting around Cayuga Lake and the red-tailed hawks of the Cornell Campus. Her photographs of local Ospreys are incomparable as she captures their essence, their jizz, and their inner bird. From the hard-to-see nestlings to the fast-flying adults, Cindy goes beyond the pale to catch all aspects of Osprey life in the Cayuga Basin. “My camera allows me to capture their beauty in many ways that the human eye can’t see,” she says, “like their spectacular wing positions and detailed feather patterns.” Cindy and her husband Karel are also avid nest monitors for the Cayuga Lake Osprey Network and video stream footage of the campus hawks.
EYES TO THE SKY!
WATCH!
READ!
On Osprey Time: Ospreys of the Finger Lakes
VISIT!
Cayuga Lake Osprey Nest Trail Driving Tour
Complete Cayuga Lake Osprey Trail
HELP PROTECT OSPREYS:
•Stay 300 feet away from nests during the breeding season. If the Osprey vocalizes, you are too close! Back off Immediately.
•Carry binoculars to view wildlife from afar.
•Help keep local waters clean, healthy, and safe.
•Recycle used fishing lines, twine, and nets, which can kill Osprey.
•Join the Cayuga Osprey Network and volunteer to help monitor Osprey nests: cec222@gmail.com.
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