Buzzing the Eagle’s Nest

[Taylor1430]

This was in our local paper today. Not sure why the pilot had to be an *** to the Nest Keeper... also a reminder to know local laws beyond the FAA.

Maryland conservation group says drone pilot buzzed bald eagle's nest in Pasadena

 

[Just_nick]

If they contacted him, they should have fined him even if he plead ignorant. Also, the guy is clearly an idiot, because an eagle can easily destroy a drone, even one the size of a Phantom.

 

[macoman]

The pilot is obviously a noob. Almost everyone knows that one of the most dangerous birds for a drone is an eagle and the pilot don't know it and flew the drone like nothing could had happen. I am surprised that they didn't give him a fine for acting stupid.

 

[neggy]

You screw with a Eagle's nest, especially if there are birds on or near it, and it is a FEDERAL crime, and one they take very seriously.

My one and only flight involving a known active nest, was after hurricane Irma, a very famous nest was in the path of the damage, the 3 cameras that watch the nest were down. I did a very fast flight to inspect the nest... and I mean I was up and down in under a minute. I was able to document that the nest survived.

I can tell you that was my first and probably last flight at that site, or near any predatory bird nest
If it wasn't to answer a question that was on the minds of a lot of people, I never would have done it.

My pictures were used by local media with permission.

 

[RLW8888]

The pilot is obviously a noob. Almost everyone knows that one of the most dangerous birds for a drone is an eagle and the pilot don't know it and flew the drone like nothing could had happen. I am surprised that they didn't give him a fine for acting stupid.

 

[DroningOn]

You screw with a Eagle's nest, especially if there are birds on or near it, and it is a FEDERAL crime, and one they take very seriously.

I would never fly near an eagle or hawk or any other large bird of prey. They can be beyond vicious! I am curious though, what federal law Are you referring to?

 

[Stingfello]

I would never fly near an eagle or hawk or any other large bird of prey. They can be beyond vicious! I am curious though, what federal law Are you referring to?

To which federal law are you referring. How's that for the grammar police? lol. kidding of course. I couldn't resist.

 

[Stingfello]

To which federal law are you referring. How's that for the grammar police? lol. kidding of course. I couldn't resist.

That said, even though eagles have been removed from the endangered species list, they're still protected under other federal regulations and require protection under a species-specific management plan, for good reason.

 

[RayOZ]

Maybe send him to jail for a year.
Some people do whatever they want. When queried by passerby, they pretend they know the law and what they are doing. When queried by authorities, plead ignorance.

 

[DroningOn]

Maybe send him to jail for a year

Jail for a year??? For bothering a bird? Over 10,000 people DIE each year due to drunk driving and few spend even a day in jail. Where’s the outrage for that?

 

[RayOZ]

Jail for a year??? For bothering a bird? Over 10,000 people DIE each year due to drunk driving and few spend even a day in jail. Where’s the outrage for that?

Did you read the article?

"Under the Migratory Bird Treaty Act and Bald and Golden Eagle Protection Act, forcing an eagle to leave its nest or perch could cost $5,000 or one-year imprisonment. A second violation can result in a $10,000 fine or up to two years in prison, according to the Fish and Wildlife Service. Felony convictions come with a maximum fine of $250,000 or two years of in prison. Fines double for organizations."

I didn't pull the 'one year in jail' out of no where.

 

[lisadoc]

"Under the Migratory Bird Treaty Act and Bald and Golden Eagle Protection Act, forcing an eagle to leave its nest or perch could cost $5,000 or one-year imprisonment. A second violation can result in a $10,000 fine or up to two years in prison, according to the Fish and Wildlife Service. Felony convictions come with a maximum fine of $250,000 or two years of in prison. Fines double for organizations."

Well, the article is a little overzealous in its interpretation of the law.

Technically, the US law says you're not allowed to "disturb" an eagle without a permit (Canadians do whatever they want to them. It's not their national bird and they're no longer endangered, even in the US).

Under the law, the key definition is disturb: "Disturb means to agitate or bother a bald or golden eagle to a degree that causes, or is likely to cause, based on the best scientific information available, (1) injury to an eagle, (2) a decrease in its productivity, by substantially interfering with normal breeding, feeding, or sheltering behavior, or (3) nest abandonment, by substantially interfering with normal breeding, feeding, or sheltering behavior."

Flying a drone near an eagle, based on the best scientific information, should not, under this definition, disturb an eagle, even on a nest. Fish and Wildlife would have to demonstrate that you decreased the eagle's productivity or caused it to abandon a nest. The USFWS can often go overboard in interpreting this to mean even looking funny at a bald eagle is a violation of the law and it is often questionable if it would hold up in court.

That said, I wouldn't want to fight the federal agency when it gets its knickers in a bunch and even if you're ultimately found innocent of the charges, you're going to spend a whole lot of time and money in court just to defend yourself. In this case though, it appears the agency probably did the right thing: "The agent “opted to provide basic education,” the spokesman said."

 

[flockshot]

Drone drivers seem read the rules and think, that is all there is to it. The drone laws are a big part of the puzzle, but not the 'know all, end all'. There are plenty of other laws, many having nothing to do with aviation (privacy, animal harassment, sanctuary's, hunters, fishermen, property rights, noise, etc.) not to mention just using that big lump that sits on top of your shoulders.
This type of activity will continue, and the rules will get more restrictive as a result. You can bet on it.

 

[Vegasdad]

How about some common sense?

 

[flockshot]

How about some common sense?

I could not agree more. That is all it takes to get the legal and public heat off of drones.
However, as I read through this website I don't think common sense is prevalent enough to avoid the inevitable.

 

[projockey]

I could not agree more. That is all it takes to get the legal and public heat off of drones.
However, as I read through this website I don't think common

How about some common sense?

It aparently isn't that common.

 

[projockey]

Well, the article is a little overzealous in its interpretation of the law.

Technically, the US law says you're not allowed to "disturb" an eagle without a permit (Canadians do whatever they want to them. It's not their national bird and they're no longer endangered, even in the US).

Under the law, the key definition is disturb: "Disturb means to agitate or bother a bald or golden eagle to a degree that causes, or is likely to cause, based on the best scientific information available, (1) injury to an eagle, (2) a decrease in its productivity, by substantially interfering with normal breeding, feeding, or sheltering behavior, or (3) nest abandonment, by substantially interfering with normal breeding, feeding, or sheltering behavior."

Flying a drone near an eagle, based on the best scientific information, should not, under this definition, disturb an eagle, even on a nest. Fish and Wildlife would have to demonstrate that you decreased the eagle's productivity or caused it to abandon a nest. The USFWS can often go overboard in interpreting this to mean even looking funny at a bald eagle is a violation of the law and it is often questionable if it would hold up in court.

That said, I wouldn't want to fight the federal agency when it gets its knickers in a bunch and even if you're ultimately found innocent of the charges, you're going to spend a whole lot of time and money in court just to defend yourself. In this case though, it appears the agency probably did the right thing: "The agent “opted to provide basic education,” the spokesman said."

You can get a permit to bother an Eagle?

I'm a Canadian and I can assure you that if you mess with or bother an Eagle in Canada you get your gear, car and equipment confiscated to be sold at auction and go to jail without collecting anything.
And where do you get " They do whatever they want with them" from? As if we slaughter them or disrespect our wild birds. We have more bald and Golden Eagles than you can shake a stick at and we take a huge interest in their preservation. And why is it they are no longer an endangered species?, it has been a committed and combined effort to make that so.
Please be a little more careful or informed before you say or write things that may offend others.
Us Canadians are probably more involved and conscientious about wild birds than the US is, and NO disrespect is intended there either, it is what it is.
Peace.

 

[ac0j]

Jail for a year??? For bothering a bird? Over 10,000 people DIE each year due to drunk driving and few spend even a day in jail. Where’s the outrage for that?

If that is true, I am outraged.... Where do you live that they get away with it? As you often ask, where is your proof of that data? I have NEVER seen that happen around here. Vehicular manslaughter is commonly prosecuted here.

 

[neggy]

This is in Florida, where I see 99.999% of all my eagles.
Pursuant to state and federal law it is illegal to "take, feed, disturb, possess, sell, purchase or barter, or attempt to engage in any such conduct, any bald eagle or parts thereof, or their nests or eggs. All violators will be prosecuted to the fullest extent of the law."

We take our Eagles very seriously in North Fort Myers, we have one breeding pair that is world famous
right now there are over 1800 people watching the SW Florida Eagle Cam

 

[DroningOn]

If that is true, I am outraged.... Where do you live that they get away with it? As you often ask, where is your proof of that data? I have NEVER seen that happen around here. Vehicular manslaughter is commonly prosecuted here.

Maybe in Nebraska people are actually punished for driving under the influence. In my neck of the woods, and every other place I know of, people convicted of DUI usually just get a fine that goes into the local coffers and a lawyer make some money for doing next to nothing. They toss their car keys back to them and let them drive off into the sunset to kill eventually. Everybody win$!!