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Re: Bushtit eggs
Fri, 04 Apr 2003 01:03:51 -0800
From: Larry Tunstall

Hi Leonora,

The Federal Migratory Bird Treaty Act of 1918 makes it illegal to "pursue, hunt, take, capture, kill, attempt to take, capture or kill, possess, offer for sale, sell, offer to purchase, purchase, deliver for shipment, ship, cause to be shipped, deliver for transportation, transport, cause to be transported, carry, or cause to be carried by any means whatever, receive for shipment, transportation or carriage, or export, at any time, or in any manner, any migratory bird, included in the terms of this Convention . . . for the protection of migratory birds . . . or any part, nest, or egg of any such bird." (16 U.S.C. 703)

Although Bushtits don't migrate far, I believe they are covered by this act. The strict prohibition on such things as possessing a nest or eggs was designed to make it possible to prosecute the people who were slaughtering birds for feathers or food. Otherwise, unless a poacher was caught in the act (hard to do in the great outdoors), he would be able to claim that he just found these things and was salvaging them.

The state can permit controlled hunting seasons and also can issue permits to collect things like nests and eggs and feathers (even whole birds) for research or educational purposes. My recommendation is that you contact a nature center that may have such a permit and see if they want it or if it can be preserved under their permit. They also are likely to have the information you are seeking. You could end up with an interesting avocation as a volunteer!

In practice, no one prosecutes an individual who has a couple of items such as nests found on the ground and clearly no longer in use. However, any attempt to sell or display such items as part of a collection or artwork can actually result in prosecution.

Good luck, Larry

Larry Tunstall
El Cerrito CA

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Briones Regional Park, Orinda
Fri, 04 Apr 2003 01:26:50 -0800
From: Larry Tunstall

On Alan Kaplan's East Bay Regional Park District birdwalk Thursday morning at the Bear Creek Staging Area of Briones Regional Park (near Orinda), we walked out Old Briones Road trail instead of the usual Homestead Valley Trail.

Therefore we missed the screech-owl tree and the Acorn Woodpecker granary tree, but we had some nice birds in compensation. There were Western Bluebirds and a lot of singing birds along the trail, but the best sightings of the morning were just before the junction with Black Oak Trail. Here we had a Lark Sparrow on the side of the trail and a Chipping Sparrow nearby on a fencepost. A short distance farther, a Lark Sparrow posed for some time near the trail on top of a part of the corral structure, displaying crisp and bright markings in the morning sunlight.

One person on the hike said that he had heard and seen a Black-headed Grosbeak on Wednesday at Jewel Lake in Tilden Regional Park, the first arrival of that species that I know of.

Here's what I caught of the Briones list for the group:

Good birding, Larry

Larry Tunstall
El Cerrito CA

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Black-headed Grosbeaks in Tilden Nature Area, Berkeley Hills
Fri, 4 Apr 2003 15:58:51 PST
From: Brian Fitch

I led a school field trip yesterday through the Tilden Nature Area woods behind the Visitor Center and Junior Ranger Clubhouse. We heard probably two different Black-headed Grosbeaks, as well as a Warbling Vireo, a Pacific-slope Flycatcher, and many Wilson's Warblers.

Brian Fitch

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Arrowhead Marsh, Oakland
Sat, 5 Apr 2003 20:18:25 -0800
From: Bruce Mast

This morning I did a bit of advance scouting for next week's Golden Gate Audubon Society trip to Arrowhead Marsh in Martin Luther King Jr Regional Shoreline, Oakland. Highlights included 3 Greater White-fronted Geese flying in to graze with a flock of Canada Geese on the lawn, a Clapper Rail strolling along the canal, Black-bellied Plovers and Horned Grebes in spectacular breeding plumage, and American Avocets, also in full breeding plumage and sitting on nests. No Burrowing Owl today, just 20+ jackrabbits.

Bruce Mast
Oakland

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Wild Turkeys in Berkeley Hills
Sun, 06 Apr 2003 16:35:23 -0700
From: Dave Quady

Hi, EBBers:

Earlier this week my wife and son saw a Wild Turkey strut through our back yard, just upslope from Wildcat Canyon Dr where it comes closest to Lake Anza in Tilden Regional Park (Berkeley Hills). By the time I reached them the bird was out of sight, so I couldn't confirm it for my yard list. One of these days.

At about 9:30 this morning one or more males gobbled in Claremont Canyon. I was with a group at the foot of Gelston St, and the bird(s) was on the south side of the canyon, west (it seemed) of Alvarado Rd.

At noon, my Saag's smoked turkey sandwich tasted sweet....

Dave Quady
Berkeley, California

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Re: Wild Turkeys in Berkeley Hills
Sun, 06 Apr 2003 17:06:11 -0700
From: Sarah Lewis

Dave,

I grew up in that neighborhood (my parents live on Overlook Rd) and don't recall ever seeing Wild Turkeys! They really seem to be everywhere now.

Most days when I'm out in the back yard here in Danville, I hear a lot of gobbling across the creek. They seem to be hanging around in one spot ... maybe nesting?

Yesterday we had a pair of California Quail on the back porch. They spent much of the day wandering around the yard. And this morning I watched a Nuttall's Woodpecker for awhile back there.

Sarah

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