Migration and nesting news

photo by Lloyd Spitalnik
5/4/05
Yellow-rumped Warbler
[Plenty of these around, even on a "quiet" day]

After two great birding days when the joint was rocking, so to speak, yesterday was cold and cloudy and quiet. I'm talking about quiet in birdwatching  language, which does not at all refer to the absence of sound. It means that there aren't a lot of birds around.

For two hours I walked around the Ramble with my niece from Cambridge who was in town for her high school reunion. I should say she's from the Cambridges, since she lives in both Cambridge MA and Cambridge UK She is one of the two members of my immediate family who share my passion for birds. I lured her into the park with descriptions of warblers dripping from every tree ---only a slight exaggeration of the scene yesterday and the day before.

We went from Strawberry Fields to the Ladies Pavillion to Bank Rock Bridge to the Castle,  locations that had deserved the name "hot spot" for the last couple of days. But today they were quiet. We managed to see a few warblers, and a few thrushes and a few woodpeckers, and we heard a catbird singing. [They have just recently arrived and their complicated song completely changes the aural soundscape of the Ramble,]But it was clear that the crowds of songbirds that had arrived a few days ago had departed and a new wave had yet to come in. So we kept out spirits up by chatting about this and that. We became quite absorbed in our conversation.

That was our mistake. We should have kept our complete attention focused on the trees and bushes. Because the birds were there. You just had to work a little harder to find them. This became clear when I saw a list of yesterday's birds posted on e-birds by David Speiser. Sixteen species of warbler! Obviously he was giving the birds his full attention. Here is his list:

Today's List:

site = Central Park
date = 5/6/05
observers = David Speiser and Brian Hart

Double-crested Cormorant
Great Egret
Green Heron
Canada Goose
Mallard
Ruddy Duck
Red-tailed Hawk
American Kestrel
Solitary Sandpiper (Balcony Bridge)
Ring-billed Gull
Herring Gull
Great Black-backed Gull
Rock Pigeon
Mourning Dove
Chimney Swift
Red-bellied Woodpecker
Downy Woodpecker
Northern Flicker
Eastern Wood-Pewee (Tupelo)
Eastern Phoebe
Eastern Kingbird
White-eyed Vireo (Weather Station)
Blue-headed Vireo
Blue Jay
American Crow
Tree Swallow
Northern Rough-winged Swallow
Barn Swallow
Black-capped Chickadee
Tufted Titmouse
White-breasted Nuthatch
House Wren
Ruby-crowned Kinglet
Veery
Hermit Thrush
Wood Thrush
American Robin
Gray Catbird
Brown Thrasher
European Starling
Cedar Waxwing
Blue-winged Warbler
Nashville Warbler
Northern Parula
Yellow Warbler
Black-throated Blue Warbler
Yellow-rumped Warbler
Black-throated Green Warbler
Blackburnian Warbler (Azalea Pond with Phil Jeffrey)
Palm Warbler
Black-and-white Warbler
American Redstart
Worm-eating Warbler (Loch)
Ovenbird
Northern Waterthrush
Common Yellowthroat
Hooded Warbler (Gill by Laupot and Upper Lobe (females))
Eastern Towhee
Chipping Sparrow
Field Sparrow
Swamp Sparrow
White-throated Sparrow
White-crowned Sparrow (Weather Station)
Northern Cardinal
Rose-breasted Grosbeak
Red-winged Blackbird
Common Grackle
American Goldfinch
House Sparrow


Nesting News

At last report the Green Herons at the Upper Lobe were still nest-building. Mission accomplished. Now they are sitting on eggs.

Blakeman answers a few questions

I sent John Blakeman the following questions the other day:

Since April 19 was an exceptionally hot day here in NYC, is it possible that the mantling behavior observers saw on that day did not signify that a chick had hatched but rather, that it was very hot up there and it was time to cool the eggs off. To continue that line of thinking, might there still be some eggs up there that were, for one reason or another, non-viable?

Blakeman answered:

I don't really think the mantling was a result of high air temperatures on that day. They might have risen to even the mid-80's (probably not at that height, where there would have been mixing with cooler transverse winds), but that’s still not hot enough to get the birds to rise off the eggs in a mantling posture. Red-tails are very capable of changing their metabolic rate to maintain constant body temperature. We know that at night they can drop body temps to the low 90s, and it can go to around 105 or more after physical exertion. Remember, they cool themselves not only by breathing air through the lungs, but also through the extended air sacs attached to the lungs. They even extend out into the larger bone interiors. If it get hot up there (and mid-80s isn't really uncomfortable for a sitting red-tail, the bird just breathes a bit deeper and slows food metabolism.

When a red-tail over heats, it will open its mouth pant, something that anyone watching could have seen. I didn't see any of that in any of Lincoln's images, and I don't recall anyone mentioning panting being seen.

Now incubating red-tails do get up off the eggs from time to time during incubation, occasionally for apparently inordinate periods of time, up to 20 minutes or so. We think this is done to allow more oxygen to diffuse into the egg. But whenever it’s done, the parent moves some nest lining around and over the eggs to keep them relatively warm. In my experience, they don't mantle over an unmoving egg. They keep their wings normally folded.

My next question was about the spikes: On Lincoln's photos we can see that the spikes on the nest site are not really sharp and pointed , but in fact have blunt rounded ends, like little circles. How could they have damaged the eggs? Blakeman answered:

About the spikes. Yes, they have rounded-over tips, not sharp points. Red-tail eggs for the first 3 weeks of incubation remain quite thick and stout. During that time, puncture by the prongs is not so likely. But in the last week, the eggshell thins to allow the chick to crack the egg with its egg tooth. I'm certain that the prongs could have cracked the shell during this period, even though not pointed.

The great question, of course, is what are the birds sitting on now, long after incubation should have terminated with hatched eggs. . .

In fact, there might still be a single infertile and intact egg in there creating the continued incubation. That’s not at all unreasonable. If the egg were infertile, or if it lost viability early on, the eggshell remains thick and perhaps unharmed.

The only way to know any of this is to dangle a mirror or webcam over the 926 roof line. But I doubt that that can, or should, happen. And even if that were to happen, nothing really could be changed. I may be all wrong. There may be three intact, prong-cooled dead eggs up there. Or, three prematurely-hatched corpses, or a combination of both. Makes really no difference. The birds are going to come back nest winter and refurbish the nest no matter what, adding another layer of sticks. They surely will not just sit down and lay eggs next March without attending to the lengthy sticks-to-the-nest routine. Those behaviors are essential lead-ins to actual egg laying, so there is nothing anyone can do now. It’s all just academic, and it may not be useful to prolong the controversy by continuing to post my musings on it.

Note from Marie. The emphasis above is mine. I think that is the crucial thought here: It is not important to try to look into the nest, or to find precise answers to our nagging questions. The birds will add a new layer next year, and the outcome, we hope, will be better.

I agree with John. Let's not prolong the discussion of what exactly went wrong with this year's nest. I'm hoping we can move on to the many other fascinating aspects of Red-tailed Hawk behavior, physiology, psychology that we haven't by any means exhausted yet.

A good letter about our disappointment to read before Mothers' Day

Received yesterday from a website correspondent:

Marie:

All things considered, we have to be thankful and count our blessings. PM and Lola proved more than once that a nest can be rebuilt, and that it is not the end of the world if a clutch of eggs are not viable. We are truly blessed that these two very special birds allow us to share the world as they know it.

The last line in the May 5th posting [of the newsletter 2005 Peregrine Falcon News] really puts things into perspective: "While nature has the power to break our hearts, it also has an awesome power to restore our faith in the natural order."

As it is said in the lyrics of a song "You gotta do what you can, and let Mother Nature do the rest..."

We should all wish Mother Nature a happy Mother's Day and thank her for the blessings she has bestowed upon us.

Marilyn Fifer

Another [relatively] happy ending

A letter received from a regular website correspondent,  Margo Beller

Dear Marie,

Since you are seeking happy endings, here is an odd sort  from here in NJ:

I think I once mentioned the peregrines atop 101 Hudson St. in Jersey City, near my office.
On May 4, on the falconcam web site, the NJ environmental protection people announced that the male had been found on the street a few days before with wing badly clipped. It was rushed to the Raptor Trust, where it is expected to recover but not to return to the nest. So DEP [Department of Environmental Protection] sent someone down with supper for the female since, as with the California kestrels, a lone female can't brood eggs and get food. The prognosis wasn't good.

But on May 5, DEP announced that when the "room service" person arrived, the female and ANOTHER MALE went after her. The question now becomes whether the female will accept this male and how the eggs will fare. But maybe his show of force will "endear" himself to the female who, as I write, is still on the nest.

It amazes me that somehow this female, alone on her nest, managed to broadcast her availability - unless the new male challenged the resident male, who attacked and was injured.

No one knows.

However, I know that on a lunch-time walk last week, after checking the webcam in the building lobby and seeing the agitated female,  I saw the male attack a redtail hawk - rare enough for Jersey City - that came a bit too close to the rooftop nest. The falcon was screaming as it divebombed, trying to force the buteo out of the sky. Finally, the redtail headed northwest with the falcon in hot pursuit.

Amazing what you can see in the heart of the big city.

Take care,
Margo

Cape May Warbler

Photo by Lloyd Spitalnik


As I set out for the park early early this morning I vowed to leave by 8:30 and get to my desk at 9. My desk was piled with unfinished work. Deadlines. But as the spring migration reaches its peak it becomes increasingly difficult to stop birding. There's always another incredible bird just around the corner.

Today my resolve was unusually firm. After two-and-a-half hours of great birding I finally said goodby to my birding companions and headed out. A miracle: I had only breaken my vow by half an hour.

I was nearing the 72nd Street exit of the park when my cell-phone rang, or rather chirped. [My ring tone is called Crickets. You'd be surprised at what a stir it creates in a NYC bus.] It was my friend Alice. I had said goodby to her fifteen minutes earlier at the Point.. Now she sounded excited. Where are you? she asked, There's a Cape May Warbler at Belvedere.

Well, I had to go back, didn't I? A Cape May warbler is an event in the Central Park birding community. Doesn't show up that often. And it's a spectacularly beautiful bird. So that's how I happened to be there just as Lloyd shot this spectacularly beautiful picture. And that's why, once again, I didn't get to work this morning by 9 a.m. as I had vowed. It was well after noon by the time I managed to get out from under the spell of songbirds.

P.S. Check out Lloyd's new website. You'll find the same Cape May warbler there, and many many other fabulous birds. Here's a link:
Http://www.Lloyd22.com

We need a story with a happy ending, so here's one

Someone from Bloomberg sent me this story. It's not exactly Central Park Nature News, but our spirits need lifting. So here it is


Treasury Duck and 11 Ducklings Released to the Wild
2005-05-01 15:47 (New York)

By Vincent Del Giudice
May 1 (Bloomberg) -- The duck that made her home on a mulch
pile outside the U.S. Treasury and the 11 ducklings she hatched
there were released today to the wilds of an urban forest in
Washington.

A team of Agriculture Department wildlife biologists took
the brown mallard and her offspring from the makeshift pen on the
sidewalk in front of the Treasury where she was guarded by Secret
Service officers and became a favored attraction of tourists and
Treasury Secretary John Snow.

The biologists were surprised to find two more ducklings
than expected. The mother duck -- with the help of the federal
agents -- kept close guard on her roost and their best guess was
that she had nine eggs.

The mother and her yellow-and-black flock were rounded up
and placed in the back of a red government pickup truck for a 15-
minute ride to Rock Creek Park, which runs through the
northwestern part of the city.
``It's a great ending to the story,'' said Jean Card, a
Treasury spokeswoman as she watched their release at 9:47 a.m.
Washington time.

After spending a little time in a holding pen to get
acclimated to the park, 10 chicks kept pace with the mother --
variously nicknamed by Treasury employees as Duck Cheney, T-Bill
and Quacks Reform --as she waddled across the grass to the muddy
banks of Rock Creek.

Alas, there's always one in the family, and duckling No. 11
was late leaving the container.
The confused bundle of feathers stumbled at the top of the
bank, flipped over -- its webbed feet churning in the air --
regained its footing, flipped again and splashed into the creek.
It paddled furiously and caught up with the convoy as it
headed south, in the direction of the Potomac River.

The duck took up residence at the beginning of April on the
mulch pile around a tree that is on the pedestrian area of
Pennsylvania Avenue and steps away from 15th Street, a busy
thoroughfare. The ducklings began hatching yesterday.

``We hope for a better life and a better location away from
all this traffic,'' biologist Kevin Sullivan, who took part in
the relocation, said.

Question and answer about the anti-pigeon spikes

Many readers have been writing in with various questions about what went wrong with Pale Male and Lola's nest this year. Of course before considering the answers one must remember the first BIG thing that went wrong: Last December the nest and the anti-pigeon spikes that held the nest in place had been brutally removed from the nest site, after ten successful years in place. Any consideration of the causes of this year's failure must begin with that incontrovertible fact.

Many of the questions that arise about this year's nest failure can only be answered in light of the nest's historical background: the fact that it had failed twice before, and then had succeeded ten years in a row. The following letter and my response to it might best explain what I mean by this:

Pamela M. Greenwood wrote:

Hello!

I have been closely following the saga this year. I very much enjoyed your book.

One quick question. As the pigeon spikes are hypothesized to be the culprit in somehow damaging the eggs, why not remove them? Wouldn't the cradle-like structure hold the nest? It might take a cherry picker, but could the nest be lifted off them, then re-settled on the frame without the pigeon spikes -- or with shortened pigeon spikes? This would have to be done in the fall or winter, of course.

Thanks

P.M. Greenwood, Ph.D.
Associate Professor of Psychology
David King Hall
George Mason University


Here's the answer I sent her:

Originally, the anti-pigeon spikes were instrumental in anchoring the twigs on the curved ledge. Without them the twigs would have blown off. When the spikes were removed on Dec 7, 2004, it was clear that the birds could not rebuild their nest without the spikes. So...the idea was to find some way to restore them. That was the purpose of the new "structure" -- to be a holder for the crucial spikes. Whether, in fact, the structure itself 0or some other sort of structue might have been constructed to hold the twigs without spikes --that, of course is possible. But of all the various proposals of what to do at that site -- and there were a number of them --- the most reasonable way to proceed seemed to be to try to replicate the old set-up, the one that had been successful for the last ten years.

Your question begins with the assumption that the spikes somehow DAMAGED the eggs. I find this quite unlikely. I don't believe the birds would continue to sit and sit long after the incubation window was over if they were sitting on damaged eggs. It seems more likely that when they build a nest directly on the spikes with no layer of twigs beneath, building the nest from scratch, as it were, something about the spikes there underfoot, perhaps their inflexibility as compared to branches on a tree, or for whatever other reason, something misleads the hawks into thinking that the nest they have constructed there is more substantial than it really is. The upshot: they build too shallow a structure, and incubation does not proceed normally.

There were two previous years, 1993 [the year they built the first nest] and 1994 [after the building removed the 1993 nest] when the hawks had to build from scratch. The nest failed to produce chicks in those years [as I describe in my book] just as it failed this year, another "start from scratch" year. During both those years the hawks sat on the "dud" eggs for many weeks after they should have hatched.

My hopeful belief is that once Pale Male and Lola add a second layer next February, [actually, they are already adding twigs, we've noticed] I believe we'll have a better outcome. That's what happened in 1995, the first year a nest at the Fifth Ave. site had a second layer of twigs.

Perhaps John Blakeman will have a response to this!

What will happen to the unhatched eggs?

Another question about the fate of this year's nest:

Alice Ferris wrote:

Just out of curiosity, what will happen to the unhatched eggs? Will Pale Male and Lola eventually consume them?

My answer:

No. After the pair finally abandons the nest the eggs will probably be found by gulls or jays, who will break them and eat what's inside. By the time PM and Lola are ready to nest again next February or so, the nest should be ready for new eggs.


PS Perhaps John Blakeman will have more to add on this subject

A thrilling photo of a Worm-Eating Warbler --and a note of warning about the Green Heron nest

Photo by CAL VORNBERGER

Cal Vornberger, whose book The Birds of Central Park will be out next fall, took this extraordinary photo yesterday. It is a Worm-eating Warbler, one of Central Park's harder-to-find songbirds. He [singing warblers are almost always males] may have been the very same individual I saw this morning, singing away near the Polish statue at Turtle Pond. Its song is unmistakeable -- a loud, insect-like trill.

When I ran into Cal this morning, trying to capture [on film, of course] a Blue-winged Warbler , he reminded me to mention something I should have noted yesterday in my posting of the Green Heron nest.:

If you go to see the Green Heron nest at the Upper Lobe, look at it from the paved path only. Under no circumstances should birders, photographers, or ANYONE go down the little incline towards the nest itself. This would seriously disturb the birds, and might cause them to abandon the nest.

Green Heron Report

'
Photo by CAL VORNBERGER -- 4/26/05

Cal labeled this photo Green Heron Calling to Mate. Note the absence of pronouns here. Why? Because unless you are a Green Heron yourself, it's almost impossible to tell the male from the female.

As of today, the Central Park Green Herons are still courting and building their nest at the Upper Lobe. Incubation has not yet begun.

Blakeman on today's Pale Male photo

Photo by LINCOLN KARIM

This photo, taken on May 1, 2005, was posted on Palemale.com this morning. John Blakeman, [who checks in to both Lincoln's and my website daily,] scrutinized it and sent the following letter:

Marie,

The picture today on Lincoln's site showing an immature red-tail closing in on Pale Male is interesting. First, the bird is a male. Notice that it's just about the same size as Pale Male. A first-year female would be markedly larger. Birds in their first year's plumage actually appear a bit larger than adults. Notice the slightly longer tail on the pursuing bird. First-year birds have slightly longer flight feathers, both in wings and the tail, because they are not quite as strong as adults, so they need more wing area for good flight and soaring.

Observers should never think that birds just fledged are "small babies." In just size, they are larger than the adults of the same sex. They have longer flight feathers. But they are not nearly as muscular and weigh less. Building strong flight and leg muscles is a major process for the birds in their first year. Longer feathers accommodate this.

Notice also that the pursuing immature has two gaps in its wings. Its molt has begun. The first two wing feathers have dropped, and Lincoln's photo shows a black spot at the base of the lost feather opening. This is the new feather beginning to descend. It will take about two weeks for both to grow down and harden. In the meantime, the new feathers are said to be "in the blood." They are rather delicate and can be easily broken. If so, they do not repair themselves. The feather injury and deformation lasts until the next molt next spring. This is why feathers are molted one at a time over many months. The soft new feathers will be protected by the hard old adjacent ones. When the new feathers harden, an adjacent old one will drop. Molting will continue well into September or October, depending on the individual.

Our adults will soon loose their first flight feathers and open gaps will be seen soon. Adults usually begin the molt later than immatures. They don't always drop all their feathers, especially the coverts, the smaller body covering feathers. Close inspection of adults will often reveal two-year old contour feathers.

By the way, should anyone happen across a gorgeous red tail feather (or any other) that has been dropped, refrain the strong impulse to retrieve it and take it home. Yes, the feathers are beautiful, and that's why they were used so extensively on women's hats a century ago. Wholesale slaughter of wild birds for fashion usage nearly wiped out a host of species. Had it not been for the National Audubon Society's efforts, along with others, wild bird protection laws such as the Migratory Bird Treaty Act would not have passed. Even more species would have gone extinct. But remember that the Migratory Bird Treaty Act (and other laws) deliberately prohibit the possession (not just the killing) of listed species OR THEIR PARTS. You cannot legally pick up a hawk (or blue jay, or northern cardinal, etc.) feather and take it home, for any purpose. (Pigeons, English sparrows, and starlings are exempt from the MBTA.) In all but one case (to follow), let the feather sit. You will save yourself a lot of law enforcement trouble.

I imagine only one acceptable case where anyone should retrieve a red-tailed hawk feather. If anyone happens to be watching a Central Park red-tail preen on its roost, and you see a large feather fall and can retrieve it, do so. If you can, try to identify the hawk from which it dropped, preferably Lola or Pale Male. Try not to touch the base of the feather. If you can, put it in a clean plastic bag. Then call the New York state wildlife authority (I'm an Ohioan, so I don't know specifically what it is, but your fish and game authority, or department of natural resources will be listed somewhere. A Google search will pop it up quickly.) Indicate that you have retrieved a known feather from a known Central Park red-tailed hawk and that you request information on how it should be donated so DNA analysis might someday be done on it. Probably no one presently is doing such studies, but DNR should wish to archive the feather for future studies. Specifically, ask the authorities how you should properly dispose of the feather, especially given its important provenance.

All of this is an outside possibility, but more people watch roosting and preening red-tails in Central Park than probably anywhere else. And the DNA of the red-tails there are more valuable and interesting than anywhere else, too.

One other observation. There is the smallest little gap, a very slight V at the center, trailing edge of the photo's immature red-tail. I'm betting that if the bird were to have fanned it's tail, a gap would have been seen there, too. A single tail feather has also been dropped.

And another note. For those who watch hawks elsewhere, where other species of buteos are seen (such as the red-tail, the red-shouldered, the rough-legged, and the broadwinged hawk), it's sometime difficult to identify a bird coming right at you, or in the dismal gray light we so often have in the Midwest and East. Here's how to positively ID a red-tail, of any age (as shown on Lincoln's photo). Only red-tails have a dark patagium, the leading edge of the wing from the body out to the first bend or joint. Notice here that both birds have this dark edge. Two fine red-tails. No other North American buteo has the dark inner wing edge.

Sincerely,

John A. Blakeman

Postscript from Marie: A few weeks ago, spurred on by Donna Browne, I spoke to someone at the Natural History Museum [AMNH] about a possible study that would do DNA analyses of the various Central Park Redtails. The purpose would be to try to understand if any of them are related. The initial response was very positive! Now to write a proposal...

A luckier pair of hawks

The same reader whose query I posted yesterday about why the hawks continue to sit sent in some information about a luckier pair of hawks [and hawkwatchers]. These are in San Francisco:

Marie,

I read Blakeman's piece on failed clutches after I emailed you. Call me silly, but I feel really sad for Palemale and Lola, not just us human fans. The image of Lola continuing to sit is really poignant. I so hope they are successful next year.

We've been luckier here in the SF Bay Area with George and Gracie, a pair of peregrine falcons. They're busy with 4 eyases who will be 3 weeks old come Tuesday. There's a webcam on their nest and the chicks put on quite a show when the parents come to feed. At first, when the chicks needed constant brooding, George won the hearts of all as a great dad (not at all unlike PM). When the chicks began to outgrow George's bulk, he went through many tricks to get them quieted down and tucked under. Finally, Mom and Dad gave up--- Mom brooded and Dad fed her! The affection expressed for these birds on the discussion board is really heartwarming (again, very much like the caring expressed for PM and Lola). As a birder, I'm really gratified to see the connection people will make with these wonderful creatures. Check out George and Gracie--the URL is http://www.scpbrg.org It'll do your heart good.

Thanks for answering my query--

Brenda

Postscript from Marie:
You can also see our local pair of peregrines on a webcam -- the ones at 55 Water Street. Here's a link:
http://www.55water.com/falcons/

The First of May!

David Speiser, an extremely accomplished young birdwatcher, posted the following report [70 species of birds] on e-birds, the Internet list-serv that provides information about bird sightings in NYC parks:

The beginning of May usually brings the peak of diversity and
today  probably had the most birds in number and diversity to date.

David Speiser

site = Central Park
date = 5/1/05
observers = David Speiser

Double-crested Cormorant
Great Egret
Green Heron
Black-crowned Night-Heron
Canada Goose
Mallard
Sharp-shinned Hawk (Flying over castle 12:45 pm)
Red-tailed Hawk
American Kestrel
Herring Gull
Great Black-backed Gull
Rock Pigeon
Mourning Dove
Chimney Swift
Red-bellied Woodpecker
Yellow-bellied Sapsucker
Downy Woodpecker
Northern Flicker
Least Flycatcher (Azalea Pond Area about 8:30 am)
Eastern Phoebe
Blue-headed Vireo
Red-eyed Vireo
Blue Jay
American Crow
Tree Swallow
Northern Rough-winged Swallow
Barn Swallow
Black-capped Chickadee
Tufted Titmouse
House Wren (Ramble)
Winter Wren
Ruby-crowned Kinglet
Blue-gray Gnatcatcher
Hermit Thrush
Wood Thrush (Iphegene's Walk)
American Robin
Gray Catbird (Mutliple)
Northern Mockingbird
Brown Thrasher (1 in particular in the ramble w/o a tail)
European Starling
Cedar Waxwing
Blue-winged Warbler (3-4)
Nashville Warbler
Northern Parula
Yellow Warbler
Black-throated Blue Warbler
Yellow-rumped Warbler
Black-throated Green Warbler
Prairie Warbler
Palm Warbler
Black-and-white Warbler
Worm-eating Warbler (Iphegene's Walk singing in in view)
Ovenbird
Northern Waterthrush
Common Yellowthroat
Hooded Warbler (Swampy Pin Oak about 8:30 am)
Eastern Towhee
Chipping Sparrow
Song Sparrow
White-throated Sparrow
Northern Cardinal
Rose-breasted Grosbeak (Swampy Pin Oak)
Red-winged Blackbird
Common Grackle
Brown-headed Cowbird
Orchard Oriole (Tupelo)
Baltimore Oriole (Many today)
House Finch
American Goldfinch
House Sparrow

Why didn't the Migratory Bird Treaty Act Protect the nest in 2004?

A reader just wrote with a question many of you may have been wondering about:

I have a query: Why didn't the Migratory Bird Act protect Pale Male's and Lola's nest last year? Maybe I misunderstood, but wasn't it taken down last year?

I sent her back this answer:

In answer to your question:

Though the Migratory Bird Treaty Act of 1918 [MBTA] is still the law of the land, in April 2003 the US Fish & Wildlife Service, [supposedly the protectors of our native wildlife,] issued a memorandum -- MBPM-2 -- that was sent out as a clarification of the MBTA. This memorandum states that the clause in the Act that had long kept people from removing any nests from any location actually only applied to nests with eggs or young in them. Nests without eggs and young, they assume, are inactive nests. Therefore if people come upon such a nest they can legally remove it.

So that's how the management of 927 Fifth Avenue came to legally remove Pale Male and Lola's nest on December 7, 2004. Even though everybody knew perfectly well it was an active nest, there were no eggs or young in it. So it was legal. [And, by the way, that's why they took the nest down in December and not, for instance, in February.]

The memorandum is completely out of line and should be rescinded. Perhaps people should write to the US Fish and Wildlife Service and express their opinion about this, as I have.

How long will Pale Male and Lola keep sitting?

A reader asks:

Marie,

The Palemale website implies that Lola and Palemale are still sitting as if incubating. I'm wondering how long that would go on if the eggs are dead. Like Lincoln, I'm hoping they're perceiving signs of life in a later-laid egg. Otherwise, any idea what would keep them on the nest so long? And, how long have birds been known to sit on dead eggs?

Thanks,

Brenda Bailey

I sent her the following reply:

Birds are known to sit on non-viable eggs for quite a while. They can't really tell how long to sit, since in the normal course of things they stop sitting when the eggs hatch. If the eggs don't hatch they keep sitting. I've heard of a Great Blue Heron pair in CA that sat for six months [!] on dud eggs.

In 1993 Pale Male and Chocolate sat on the eggs that didn't hatch for an extra month. In 1994 about three weeks. I would say there's no chance at all that there will be a hatch this year. So sad. . .