Trespassers endanger protected terns: People harming birds face fines, possible jail time

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Written by The Paducah Sun   
Thursday, July 23, 2009

By: Steve Vantreese

Off-road vehicle riders may or may not know that they have been riding among the nests of federal endangered birds -- and on the exposed nerves of wildlife authorities -- around the southwestern tip of Livingston County.

Kentucky Department of Fish and Wildlife Resources officials say four-wheeler riders apparently have destroyed several nests of least terns on sand deposited at Livingston Point, which is formed by the confluence of the Ohio and Tennessee rivers just upstream from Paducah's riverfront.

"We've got signs up every 40 yards," said Sgt. Bill Snow, KDFWR enforcement officer. "You shouldn't be able to miss them."

Snow said off-road vehicle operators apparently joyride in the area of a mound of dredged sand, around an area where there were numerous nests of what is a relatively rare bird.

"The terns lay their eggs right on the sand, so if people are running around on four-wheelers, they're not even going to see the nests before they run over them," Snow said.

KDFWR migratory bird biologist John Brunjes said the sparrow-sized least terns are found in the lower Mississippi and Ohio river areas where they nest annually on open sand and gravel bars and islands in summer. A 2005 survey found only an estimated 10,960 of the birds over 770 miles of river, he said.

Kentucky is thought to hold 10 to 15 percent of the total population, which is falling because of habitat loss and disturbance, according to Brunjes.

"The smallest intrusion on these islands can be fatal for the birds, let along riding all over the island with vehicles," Brunjes said.

Snow said he has patrolled the Livingston Point area for approximately two weeks and has not observed any intrusions on the tern nesting area.

"If I find somebody in there, I will cite them for trespassing," Snow said.

Snow said all people on foot as well as vehicles are prohibited from the marked refuge area.

"You're not allowed to go in there from the water by boat," he said.

State officials did not rule out the potential for federal charges against anyone found in violation of a marked least tern nesting area. The maximum official fine for destroying a least tern nest -- which today enjoys protection more strict than that for bald eagles -- is $100,000, according to the KDFWR.

KDFWR biologists say all potential least tern nesting areas may not be marked because falling water elevations can expose islands or sandbars that become new habitat. Boaters who encounter that sort of island or sandbar where small, white birds are seen are urged to leave the area as soon as possible to minimize disturbance.



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Community Voices

“As a rancher who leases public lands for cattle, I’ve seen my share of cut fences and rangeland damaged by ORV use. I’ve also experienced ORV trespass onto my private lands. But I’ve had no way to identify the culprits when reporting trespass or illegal ORV use to local law enforcement. Congress should require that ORVs used on public lands have visible identification plates or decals. Doing so would remove the anonymity enjoyed by ORV riders who are bent on breaking the rules.”

- Ambers Thornburgh, second-generation rancher from Oregon who grazes cattle on his private land and adjacent lands leased from the Bureau of Land Management