Scott Weiser wrote:

Frederick Burroughs wrote:

Why is that? What makes YOU so very special? Why do you think that your
presence doesn't produce the same disruptions that anyone else's does? Do
you have even a shred of scientific evidence to support this assertion?

I thought not.


I don't think I'm special, at all. But, I do observe my impact on
wildlife and the stream environment where I paddle. One of the great
joys of kayaking and canoeing is the *lack* of impact you have on the
environment. Photographers use these methods to gain access and
capture wildlife photos in a natural setting, without disturbing their
subjects.

Some wildlife actually exhibit a curiosity as a canoe or kayak float
by. I've watched deer, fox, weasel, muskrat and domesticated cattle
take interest in me as I drift past, and display no alarm what so
ever. Some have gotten so close they frighten me! As a matter of fact,
I am always pleasantly surprised by how little my presence affects
animals on the shore. Sometimes they'll actually approach the shore to
see what's floating by.

As for waterfowl and Accipitridae, they are keenly aware of activity
on and near the water. After all, the water is their element. I see
eagles and ospreys frequently on the river. They observe me and go
about their business. I've seen them catch fish within 100yds of my
canoe or kayak several times. I get no sense that I impact them at all.

Based on my experience in the rivers where I paddle, your assertion
that kayakers are disruptive to eagles is almost absurd. The exception
would be if there are very large numbers of paddlers constantly on the
river, which is also absurd to imagine.



Now, if you happen
to video an eagle leaving the nest as a kayak goes past, how do you
know the eagle is not taking advantage of the kayak?

Doesn¹t matter. During nesting, particularly when there are eggs in the
nest, one parent is *always* on the nest, unless disturbed. That's because
even a few minutes of exposure, particularly in cold temperatures, can kill
an embryo. Go study your eagle behavior before you pontificate about things
you know nothing about.


I know the eagles are much more aware than you of what's going on in
the stream. If they decide to locate their nest next to a waterway
used by paddlers, you can be sure they've taken the presence of kayaks
and canoes into consideration. It's the oddball behavior of the human
who thinks he's the landowner they have to worry about.



There may be fish
swimming away from the bow wave, or behind in the wake that have
caught the eagle's attention.

Lame rationalization. Eagles don't need your wake, and it's far more likely
that your presence disturbed them. In any event, it'll be up to a federal
judge to decide if your silly attempt to avoid responsibility for your
impacts on wildlife have any merit.


It's not a silly attempt. Eagles can observe the behavior of fish near
a canoe or kayak. It's what they do. If the passage of a kayak affects
the behavior of fish in any way, the eagle will be aware of it, and
take advantage of it if he can.



You don't know, the eagle and its
progeny may be benefiting from the presence of kayaks.

I'll assume that if you flush an eagle off a nest by kayaking by the nest,
that you're harming the eagles, and I'll see to it that you're arrested and
charged. You can make your silly argument to the judge. I suggest that when
you do, you be prepared for a stay in the crossbar motel.


You have shown motive for using a statute for wildlife protection to
forbid travel on a right of way through private property. You have
also expressed disdain for the protective statute because it impinges
on your rights as a property owner. In this matter you have shown
motive that you wish the nesting eagles be disturbed in the event of a
passing kayak. You have also said you will be installing an expensive
camera system to record disturbances caused by passing boats. To what
lengths are you willing to go to show the eagles are being disturbed?
As a defense, the incidence of a "rigged" disturbance by the property
owner should be investigated. But, how does one do this without
further disturbance? In this case federal statute forbids the
gathering of evidence. The case is dismissed.





--
Now when the lamb opened the fourth seal,
I saw the fourth Horse.
The Horseman was the Pest

- from "The Four Horsemen" by Aphrodite's Child