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The spring thaw has come and it' almost time to think about getting the boat ready for summer fun. You haven't een down to the Rivah in several months and you are anxious to get back in the water but low and behold when you get to the dock a pair of Osprey have decided to make your cabin top their summer home!! What are you to do? You can't give up a whole summer of boating fun, not to mention the fishing season is almost here. But there they are in all their beauty right on top of your hard top in-between the radio antenna and the radar. Your first thought is, "This has to go! I can't live all summer without my boat!" Then you think, "I'll just move it over to the trees. Nobody is here yet. Nobody will see me. They can easily make another nest someplace else."
After a few more panicked thoughts
you realize that you are dealing with a situation that comes under Federal
jurisdiction and that the Osprey are protected by the Migratory Bird Treaty
Act. You better stop and think this situation through. This happens all
the time on the Northern Neck and according to the Virginia Game and
Inland Fisheries people, is likely
to happen more and more frequently as the population of Osprey is increasing
and the development of waterfront property is more extensive. That raises
the question: What's a fella to do ?
Well there are some answers and there are also some strict rules that must be followed. Here is what I was told by the man responsible for handling most of these situations in this area. He is Donald J. Schwab (Wildlife Diversity Biologist) with the Virginia Department of Game and Inland Fisheries. This is actually under the Federal Fish and Wildlife people but most of the action is referred to the local guys to handle the problem or referred it back to the Feds for prosecution.
There is a very important date to keep in mind, APRIL 15. It is also very important as to whether or not there are eggs or chicks in the nest, and whether or not it is a nest that was previously used or if it is new this year. I'll try to explain. If it is before April 15 and there are no eggs or chicks and it is a new nest (never been used before) all you have to do is call Mr. Schwab at 757-253-7072. Tell him about it and most likely you can remove the nest yourself without any other action required.
If it is after April 15 and there are no eggs or chicks in the nest and it is a new nest then you must call Mr. Schwab and the Fish and Game people must inspect the situation and they will likely remove the nest.
If there are eggs or chicks in any nest any time (unless it is a risk to property or people, Mr.Schwab's people will determine this status) the nest CAN NOT be removed.
If there is an old nest (one that was previously used) even if there are no eggs or chicks in it at the time you must call Mr. Schwab and they will determine whether on not it can be removed. He made it clear that most likely it would not be removed unless it was a danger to property or people. The most important thing to keep in mind is that if you are faced with a situation similar to this call Mr. Schwab and discuss the facts and get a legal determination as to the proper action. Remember you could be facing a Federal offense if you violate the law. I hope this has been helpful and that you never have to deal with the potential problem but if you do remember to call 757-253-7072 and ask the right people for advice.
Good fishing and Happy New Year!!! Jim Wagner