Photographer pleads guilty to violating wildlife laws.

[Ira Runyan]

Many of you may know or at least know of Wildlife Photographer Jim Neiger who lives on Lake Toho in Kissimmee, Florida.

The Wildlife photographer plead guilty to violating the Endangered Species Act and Jim Neiger could face one year in prison.

It would appear that he violated the Endangered Species Act to make a profit....According to federal court papers, eight times between 2010 and 2011, a group of University of South Florida researchers observed Kissimmee wildlife photographer Jim Neiger wedge his pontoon boat into the reeds near snail kite nests. The endangered raptors would fly off their nests, allowing Neiger and people on his boat to photograph them. On his website, Flight School Photography Inc., Neiger lists as a specialty instruction on how to photograph birds in flight.

See the news report at:
Jim Neiger violates Endangered Species Act

All photographers need to learn the laws concerning wildlife and the Endangered Species Act.  The Endangered Species Act requires people to stay at least 500 feet from nests of the Snail Kite, an endangered raptor. As you can see from the article, you never know who may be watching who could turn you into the law enforcement agencies.........

[hunter58]

I was just going to post this Ira. Can you find the link to the act?

[Ira Runyan]

Feb 27, 2014 20:18:22 GMT -5 hunter58 said:

I was just going to post this Ira. Can you find the link to the act?

I have not found the link to the act but I found a good expatiation of it's basic requirements.

See this link: Substantive Requirements of the Endangered Species Act

Section 9 of the Endangered Species Act prohibits any person including federal, state and local agencies from taking an endangered species. 16 U.S.C. § 1538(a)(1). Any person who knowingly violates the taking provisions of the Endangered Species Act is subject to a civil penalty of not more than $25,000 for each violation. 16 U.S.C. § 1540(a)(1). The "take" prohibition does not apply to plants on private land.

Any person who knowingly violates the prohibitions against taking is also subject to a criminal fine of not more than $50,000 or imprisonment for not more than one year in jail or both. The Secretary has, by regulation, adopted regulations providing similar protection for threatened species. 50 C.F.R. § 17.71. These are also subject to the civil penalties for endangered species.

The Endangered Species Act defines the term "take" to mean "harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or attempt to engage in any such conduct." The actual death of a particular individual of a species is not required for a "taking."

In this case, Jim Neiger was charged with "taking" of an endangered species by harassing Snail Kites off their nests. As you can see, "Taking" an endangered species does not necessarily mean that the endangered species was killed. Thus as photographers you need to be aware that with Eagles and Snail Kites you must remain at least 500 feet from nests, and you can't chase them off their nests to get a photograph.

Wildlife photographers also need to know that feeding an endangered species can be considered "taking" under the act. Case in point, many photographers have taken peanuts with them when photographing Florida Scrub Jays, using the nuts to get the birds closer or even to land on a human for a photograph. If you do that you have violated the "taking" provision of the Endangered Species Act.  

[hunter58]

I found a link to a PDF with a list of endangered species.

It looks like if it's listed as FE it's endangered and then falls under the act.  I was wondering about the Burrowing Owl which is on the list but listed as Species of Special Concern which leads me to believe it doesn't fall under the act.  However I'm trying to confirm that.

[Rich]

These Principles of Birdinng Ethics are taken from the American Birding Assoc. website

PRINCIPLES OF BIRDING ETHICS

Everyone who enjoys birds and birding must always respect wildlife, its environment, and the rights of others. In any conflict of interest between birds and birders, the welfare of the birds and their environment comes first.

Code of Birding Ethics

1. Promote the welfare of birds and their environment.

1(a) Support the protection of important bird habitat.

1(b) To avoid stressing birds or exposing them to danger, exercise restraint and caution during observation, photography, sound recording, or filming.

Limit the use of recordings and other methods of attracting birds, and never use such methods in heavily birded areas, or for attracting any species that is Threatened, Endangered, or of Special Concern, or is rare in your local area;

Keep well back from nests and nesting colonies, roosts, display areas, and important feeding sites. In such sensitive areas, if there is a need for extended observation, photography, filming, or recording, try to use a blind or hide, and take advantage of natural cover.

Use artificial light sparingly for filming or photography, especially for close-ups.

1(c) Before advertising the presence of a rare bird, evaluate the potential for disturbance to the bird, its surroundings, and other people in the area, and proceed only if access can be controlled, disturbance minimized, and permission has been obtained from private land-owners. The sites of rare nesting birds should be divulged only to the proper conservation authorities.

1(d) Stay on roads, trails, and paths where they exist; otherwise keep habitat disturbance to a minimum.

2. Respect the law, and the rights of others.

2(a) Do not enter private property without the owner's explicit permission.

2(b) Follow all laws, rules, and regulations governing use of roads and public areas, both at home and abroad.

2(c) Practice common courtesy in contacts with other people. Your exemplary behavior will generate goodwill with birders and non-birders alike.

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Ira, thank you for posting and treating this topic in a sensible informative way. I've seen some webpages approach Mr. Neiger's case with such outrage that I thought a tar & feather party might be commissioned. I just wonder which of those heating the tar and plucking the feathers are, in a birding sense, ethically innocent enough to cast the first stone.

Not I. So I'll leave Neiger to the authorities and attempt to focus on improving my actions.

PS: I'm glad I've come to know some of the photographer/birders who regularly post to this webpage as they are a cut above when it comes the ethical treatment of wildlife. 

[Ira Runyan]

Mar 1, 2014 22:15:27 GMT -5 hunter58 said:

I found a link to a PDF with a list of endangered species.

It looks like if it's listed as FE it's endangered and then falls under the act.  I was wondering about the Burrowing Owl which is on the list but listed as Species of Special Concern which leads me to believe it doesn't fall under the act.  However I'm trying to confirm that.

I don't think that you have much to be concerned about photographing the Burrowing Owl in Florida, as they are very tolerant of human activities around them. In fact in many areas of the state they build their burrows right in your yard.

The Florida Burrowing Owl is classified as a "species of special concern" by the Florida Fish and Wildlife Conservation Commission. This means burrows, owls, and their eggs are protected from harassment and/or disturbance by state law. Burrowing owls are also protected by the federal Migratory Bird Treaty Act. Many city's in Florida where the owls are common have passed their own regulations relating to the birds. See the FWC web page Burrowing Owl: Athene cunicularia

The City of Cape Coral is famous for it's Borrowing Owl population. They have produced a PDF file offering guidance for viewing and photographing the owls, noting that you should maintain a minimum distance of 15-20 feet from the nest. See: CITY OF CAPE CORAL Burrowing Owl Viewing Etiquette

I should point out that even if a bird is not classified as an Endangered Species, they are still protected by the Endangered Species Act and/or the Federal Migratory Bird Treaty Act. Case in point, On August 9, 2007, the bald eagle was removed from the federal list of threatened and endangered species. They are still protected under the Federal Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act.

The Bald and Golden Eagle Protection Act, passed in 1940, provides for the protection of the Bald Eagle and the Golden Eagle by prohibiting the take, possession, sale, purchase, barter, offer to sell, purchase or barter, transport, export or import, of any bald or golden eagle, alive or dead, including any part, nest, or egg, unless allowed by permit . "Take" includes pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest or disturb.

Have you noticed that none of these laws specifically list the setback requirements from nests? That information is deeply hidden in the rules and regulations passed to administer those laws for each of the protected species. I did find a U.S. Fish and Wildlife Service draft of requlations for nest setbacks (buffer zones) for the Snail Kite. See: Draft Snail Kite Management Guidelines February 21, 2006 . The Florida Fish and Wildlife Conservation Commission (FWC) and the U.S. Fish and Wildlife Service protect Snail Kite nest sites by posting signs around sensitive areas during the breeding season. Always avoid posted areas, particularly from February through August, and stay back at least 500 feet from warning signs.

[hunter58]

Thanks for that info Ira. I did go looking for one this morning but no luck today.