Date: 2/22/21 12:32 pm
From: Charlene Nelson <birdnird57...>
Subject: Re: [mou-net] Lewis's Woodpecker?
• •• Practice and promote respectful, enjoyable, and thoughtful birding as defined in this code

PLEASE SHARE IT WIDELY: ABA.ORG/ETHICS

1. Respect and promote birds and their environment.

(a) Support the conservation of birds and their habitats. Engage in and promote bird-friendly practices whenever possible, such as keeping cats and other domestic animals indoors or controlled, acting to prevent window strikes, maintaining safe feeding stations, landscaping with native plants, drinking shade-grown coffee, and advocating for conservation policies. Be mindful of any negative environmental impacts of your activities, including contributing to climate change. Reduce or offset such impacts as much as you are able.

(b) Avoid stressing birds or exposing them to danger. Be particularly cautious around active nests and nesting colonies, roosts, display sites, and feeding sites. Limit the use of recordings and other audio methods of attracting birds, particularly in heavily birded areas, for species that are rare in the area, and for species that are threatened or endangered. Always exercise caution and restraint when photographing, recording, or otherwise approaching birds.

(c) Always minimize habitat disturbance. Consider the benefits of staying on trails, preserving snags, and similar practices. 2. Respect and promote the birding community and its individual members.

(a) Be an exemplary ethical role model by following this Code and leading by example. Always bird and report with honesty and integrity.

(b) Respect the interests, rights, and skill levels of fellow birders, as well as people participating in other outdoor activities. Freely share your knowledge and experience and be especially helpful to beginning birders.

(c) Share bird observations freely, provided such reporting would not violate other sections of this Code, as birders, ornithologists, and conservationists derive considerable benefit from publicly available bird sightings.

(d) Approach instances of perceived unethical birding behavior with sensitivity and respect; try to resolve the matter in a positive manner, keeping in mind that perspectives vary. Use the situation as an opportunity to teach by example and to introduce more people to this Code.

(e) In group birding situations, promote knowledge by everyone in the group of the practices in this Code and ensure that the group does not unduly interfere with others using the same area.

3. Respect and promote the law and the rights of others.
(a) Never enter private property without the landowner’s permission. Respect the interests of and interact positively with

people living in the area where you are birding.

(b) Familiarize yourself with and follow all laws, rules, and regulations governing activities at your birding location. In particular, be aware of regulations related to birds, such as disturbance of protected nesting areas or sensitive habitats, and the use of audio or food lures.

• Birding should be fun and help build a better future for birds, for birders, and for all people • • Birds and birding opportunities are shared resources that should be open and accessible to all • • Birders should always give back more than they take •


> On Feb 22, 2021, at 1:01 PM, Kyle TePoel <00000583427559cc-dmarc-request...> wrote:
>
> The statute lists a couple exceptions for which trespassing is briefly
> allowed on un-posted land. To have exceptions implies that the rule is that
> un-posted land is otherwise not to be trespassed upon. Statute terminology
> aside--because it could be more explicity stated--isn't the issue at its
> core simply not to trespass unless permission has been given? If posting
> can't substitute for a demand to leave, doesn't it supercede it anyway? In
> other words, posting is the demand that one should not enter in the first
> place (thus hopefully eliminating the need to ask someone to leave).
>
> Kyle Te Poel
> Stillwater Township, MN
>
>
> On Mon, Feb 22, 2021 at 12:07 PM Warren Woessner <WWoessner...>
> wrote:
>
> All: I have trouble reading the statute that way. Premises can include land
> of any sort. But I can't find the part of the statute that says that
> "posting" can substitute for an actual demand by the owner to leave a plot
> of land--as opposed to a structure (tho' that would make sense). Of course
> birders should honor the wishes of the land owner.
> Warren
>
> -----Original Message-----
> From: Minnesota Birds <MOU-NET...> On Behalf Of Loren Albin
> Sent: Friday, February 19, 2021 5:13 PM
> To: <MOU-NET...>
> Subject: Re: [mou-net] Lewis's Woodpecker?
>
> I disagree with the opinion that trespass cannot be enforced on
> non-agricultural property unless posted.
>
> According to Minnesota Statute 609.605, Subdivision 1:
>
> (b) A person is guilty of a misdemeanor if the person intentionally:
> . . .
> (3) trespasses on the premises of another and, without claim of right,
> refuses to depart from the premises on demand of the lawful possessor;
>
> https://www.revisor.mn.gov/statutes/cite/609.605
>
> Posting can eliminate the need to prove intent, but the statute is clear
> that a person can be charged with a misdemeanor for trespassing, regardless
> of whether or not the property is posted.
>
> Loren Albin, Maplewood
>
>> On Feb 19, 2021, at 2:11 PM, Bon <bceliason01...> wrote:
>>
>> See link below. Based on page 9 and following of this document, I
> believe the statement “in MN all property is private unless posted public”
> applies only to “agricultural” land. To enforce no trespass on other
> types of private property, the land needs to be posted.
>>
>>
> https://files.dnr.state.mn.us/rlp/regulations/hunting/full_regs.pdf?updated=20201229&view=fit&pagemode=bookmarks
> .
>> dnr.state.mn.us
>>
>> Despite the details of the law, to maintain good relationships between
> birders and landowners, birders should always make sure they are welcome
> before entering private property.
>>
>> Bonita Eliason, Woodbury
>>
>> Sent from my iPad
>>
>>> On Feb 19, 2021, at 10:23 AM, <birdnird57...> wrote:
>>> And as property owners we’ve had troubles with this. In December we had
> a stranger show up to see a late bird and in spite of signs no trespassing
> and quarantine because we are extremely vulnerable he still came 30 miles
> spent an hour in our farmyard right outside the house and never called the
> posted phone numbers for permission to be here. Created a very dangerous
> situation for us. Just for the sake of a tick for his year list.
>>>
>>> Audubon defers to ABA code of ethics for birding responsibly. Tenet 3 is
> ALWAYS get permission to enter private property. And in MN all property is
> private unless posted public.
>>>
>>> Troubles we had at a FL home last month were even worse placing the
> security of that home and my elderly Mom at risk.
>>>
>>> So yes, please, Golden Rule.
>>>
>>> Charlene Nelson
>>> Elbow Lake farm still in quarantine
>>>
>>> Sent from my iPhone
>>>
>>> On Feb 19, 2021, at 6:54 AM, Frank Berdan <fberdan46...> wrote:
>>>
>>> Charley, yup, there are many interested birders. And yes this
>>> homeowner has set prudent restrictions.
>>>
>>> In my 40+ years of birding it's been too often true that a very small
>>> number of birders, eager for looks and photos, disregard property
>>> rights, privacy, and common decency by barging into yards, playing
>>> tapes loudly, and even damaging landscaping.
>>>
>>> This occasional sort of selfish, loutish behavior has even resulted
>>> in closure of otherwise public sites to birding, like certain Metro
>>> sewage ponds, pre-9/11.
>>>
>>> Sad, but true.
>>>
>>> We should behave honorably and practice the Golden Rule. The ABA's
>>> rules of ethics needed to have been written. MOU urges us to bird
> responsibly.
>>>
>>> Good burding,
>>>
>>> Frank Berdan
>>> St Paul
>>>
>>>
>>>> On Thu, Feb 18, 2021, 11:20 PM Charles Greenman <c_greenman...>
> wrote:
>>>>
>>>> This is a strange message. Aren’t there many who would want to know
>>>> the location of. Lewis’s Woodpecker? Is the location restricted by
>>>> the homeowner? Charlie Greenman
>>>>
>>>> Sent from my iPhone
>>>>
>>>>> On Feb 18, 2021, at 6:54 PM, Rick Gibson <rjoegibson...> wrote:
>>>>> I am, once again, late to the party. Can anybody share (privately)
>>>> contact
>>>>> info for the Morrison County home owners with the visiting Lewis's
>>>>> Woodpecker?
>>>>> Much thanks.
>>>>> -rick gibson, mpls
>
> ----
> Join or Leave mou-net: http://lists.umn.edu/cgi-bin/wa?SUBED1=mou-net
> Archives: http://lists.umn.edu/archives/mou-net.html
>
> During the pandemic, the MOU encourages you to stay safe, practice social distancing, and continue to bird responsibly.


----
Join or Leave mou-net: http://lists.umn.edu/cgi-bin/wa?SUBED1=mou-net
Archives: http://lists.umn.edu/archives/mou-net.html

During the pandemic, the MOU encourages you to stay safe, practice social distancing, and continue to bird responsibly.
 
Join us on Facebook!