Drones and Birds often don’t mix. Flying drones by rooting birds harasses them and is harmful to their health. It kind disturb nesting behaviors, resting periods as well as chase them away from desired and sensitive habitat.
Audubon has an article on birds and drones at How Will Drones Affect Birds? | Audubon
Below is a list some recommendations made by Cindy Margulis, Executive Director of Golden
Gate Audubon about the prohibition of drones in many parklands and what to do if you see someone flying a drone in a prohibited area.
Multiple steps are possible. Drone flying within East Bay Regional
Parklands is not allowed. It’s also not allowed in National Parks.
Other local parks might similarly have explicit regulations in place.
1) Alert the relevant land management agency for that area. IF it is
occurring on EBRPD, call EBRPD POLICE line and report it. They may not
have an officer who can respond as promptly as you like, but report it
anyway, please. IF it’s on City of Emeryville premises, also report
it. Since Emeryville Crescent is quite close to the Bay Bridge, I don’t
think Homeland Security will be too amused by drones overflying that
area, either….
2) KNOW THIS: Flying drones into roosting wildlife is harassment and
thus it’s a violation of the Migratory Bird Treaty Act (MBYA). If the
law enforcement doesn’t recognize this, you can cite it to them. You
can and should report such a violation also via the anonymous CalTIP
hotline. However, IF you wish to be able to talk to a responding
warden, be sure and leave your name and phone(s)/contact info so they
can call you if the investigator has any follow-up questions for your
witness account. They keep your information confidential but if you
don’t leave your contact details, they can’t reach you if they want more
info or to tell you status of their response. CalTip is conscientious
about following up on these repiorts, but they have very few wardens for
vast area of our region, so it may take some time (hours or even several
days) to get a call back. Do not be discouraged!
https://www.wildlife.ca.gov/enforcement/caltip
3) DOCUMENT ! DOCUMENT ! DOCUMENT.! Photograph the drone, the pilot,
and license plate of their car if you see it. Use your cell phone if
you don’t have a regular birding camera to take pictures as best you can
see, surreptitiously BEFORE confronting the pilot yourself. Only then,
consider confronting the drone pilot(s). You probably shouldn’t tell
them you just documented their violation of federal law, but you might
wanna tell them as nicely as you can (even though it’s infuriating to
witness if you care about birds) that drone flying is not allowed
there. You can further explain that it’s a serious menace for wildlife
that has traveled thousands of miles and absolutely needs to roost or
feed or whatever it is the birds were trying to do before the drone
jockey(s) flushed them. Keep in mind, we’re approaching holiday time
and drones are unfortunately too affordable and often are holiday gifts
to kids who really just might not know better. One should always try to
inform rather than lead with your anger (however warranted). Most
humans respond better to civility than anger, especially from a stranger.
If the drone jock(s) are not amenable to ceasing the behavior, then just
leave the scene (and perhaps document some more as you retreat!) Then
you’ll have evidence: time, data, geolocation, license plate etc which
you can share with the enforcement folks at the land management agency
and with CalTIP CDFW warden to “prove” the problem is real. You’ll be
glad you’ve been a smart witness who documented it! Having evidence
makes them take the breach of the MBTA even more seriously because
there’s now proof of the violation.
We all care deeply about the birds but your own safety is paramount. If
you feel these people are a danger to you if you confront them, just get
out of there. Thanks for caring and doing your part to try to protect
our wildlife.


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