Hi,
I agree with Phil. I also think it would be a shame if we ended up in a society
that prohibited a natural right to go birding. For reasons I am about to
explain, we are almost in that situation already.
Where governments / courts have determined the use of tapes to be unreasonable,
then the same restrictions apply to approaching birds (especially with nests),
pishing, or even walking through forest.
The following link contains a summary of the animal ethics policy situations
throughout Australia. I am afraid it differs in every state, so it takes some
understanding. It is noteworthy however, that most constraints apply to
'research' or'science'. In theory, anyone who is collecting data for Birds
Australia or BOCA has to operate under an animal ethics approval in many
states. Tasmania is one of the most draconian - Birds Australia actually
maintains a licence. If you walk past a bird in Tassie, you are potentially in
breach of their legislation, if you are doing so as a consequence of science.
http://eianzecology.blogspot.com/2008/08/animal-ethics-approval.html
Although I have the greatest respect for the research that people may do into
these subjects, tape-playback is an easy target - the impact potential is
evident, so it's just a matter of measuring it. Researchers who carry out this
work with a view to tighter policy must understand this could affect
conservation outcomes. Birding contributes more data to environmental control
than any other interest group. The gradual destruction of the environment
through land clearance etc is a much worse problem and is only addressed
through an improved connection between society and the environment - that
includes data gathering by volunteers. Anyone researching the topic of impacts
on birds from call-playback, or
any other 'disturbance' caused by birders should keep in mind the
benefits versus the costs. Yes, there are bound to be potentially
serious local problems - we know this already and most wildlife
protection laws already prohibit disturbance of birds at the nest. We may not
need tighter animal welfare legislation.
One would hope that this is where law meets common sense. However, the "law",
strictly speaking is meaningless as many of these requirements are being
brought in via policy and regulations - this bypasses the courts. I have heard
that such policies
are contributing to the closure of community conservation
groups in my area - the annual reporting requirements are quite
considerable, especially when added to the public liability issues.
Prescribing laws for individual animal welfare, if that prohibits birdwatching,
is also (in my view) a breach of basic human rights - but then Australia
doesn't have any Humans Rights legislation. Although I respect the need for
animal welfare (and I am a firm believer in this) I refer back to my statement
in the second paragraph. Stronger laws for individual animal protection is
beginning to affect not only tape-playback but all other traditional forms of
birding. In some states, looking through a pair of binoculars and writing down
the sighting in a notebook is an offence without a licence. There are few who
would believe this is actually necessary to protect birds.
Let's not lose sight of the fact that our ecosystems are suffering catastrophic
changes and that we need more people out birding, not less. Personally, I think
a ban on tape-playback, except at very specific locations, is likely to
contribute little to conservation of birds. Time would be better spent lobbying
for better habitat protection or researching methods of land management for
birds.
Regards,
Simon.
> From:
> To:
> Subject: Re: [Birding-Aus] Legislation regarding tape playback
> Date: Thu, 4 Jun 2009 16:46:54 +1000
> CC:
>
> Phil,
>
> Under Qld's NATURE CONSERVATION (PROTECTED AREAS MANAGEMENT)
> REGULATION 2006 - SECT 139, says:
>
> "Disturbance by radio, tape recorder or sound system
> A person must not use a radio, tape recorder or other sound or
> amplifier system in a way that may cause unreasonable disturbance to a
> person or animal in a protected area.
>
> Maximum penalty--50 penalty units." Qld's penalty units are worth $100
> at the moment.
>
> I don't know if anyone has been charged under Sect 139, but it would
> be interesting to see the legal arguments pro and con. The argument
> hinges on "in a way that may cause unreasonable disturbance to a
> person or animal". It would be hard to prove that an animal had not
> been "unreasonably disturbed" by a play-back, but then again it would
> be hard to prove it had.
>
>
>
> I think most Magistrates would not look on using play-back as a
> serious breach and may very well dismiss the matter or only hit the
> defendant with a couple of hundred dollars plus costs.
>
> I would contact the relevant department's (National Parks?) regulatory
> section and sound them out on the current enforcement policy on using
> play-back under Sect 139, they may very well decide to use their
> powers of discretion and turn a deaf ear to play-back.
>
>
>
> Cheers,
>
> Carl Clifford
>
>
>
> On 04/06/2009, at 4:03 PM, Phil & Sue Gregory wrote:
>
> Dear all,
> My mate Bret Whitney is compiling a paper about the potential negative
> effects of overuse of tapes on birds, a growing issue as the use of
> digital recordings is becoming so widespread.
> Here is his request:
> Thanks for this info. I wonder if you could possibly find the
> official number of the law and date it went into effect in
> Queensland? Has anyone ever actually been arrested or cited to pay a
> fine or other penalty? It seems that we’re all fearing fines and
> penalties from heresay or sign-postings about playback — but is it
> actually a law anywhere? Would a park actually have legal grounds in
> a court of law for leveling a fine on someone? Perhaps so, but it’s
> not at all clear to me, at least. Not that I want to fight any fine I
> or others might ever receive — I just want to know if there is
> actually any written, formal legislation on the subject anywhere in
> the world. I’m having trouble finding anything here in the US.
>
> If anyone can help that'd be great. Thanks
> Phil Gregory
> www.cassowary-house.com.au==============================www.birding-aus.org
> birding-aus.blogspot.com
>
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