“Ninety-nine percent of lawyers give the rest a bad name.” OK, the joke is old, but it puts me in mind that a few naughty birders can spoil it for the rest of us. It’s time we had this little talk.
The need for birding etiquette is well understood. The American Birding Association publishes the ABA Code of Ethics, which can be found at www.aba.org. It contains four groups of basic principles that should guide all birding activities. Much of our enjoyment occurs on the private land of others, so continued access means that we demonstrate full respect for that property and its owners. Among other standards, the ABA stresses these: “a) Do not enter private property without the owner’s explicit permission, b) Follow all laws, rules, and regulations governing use of roads and public areas, both at home and abroad, and c) Practice common courtesy in contacts with other people. Your exemplary behavior will generate goodwill with birders and nonbirders alike.”
I bring this up now because birding behavior is changing. Advances in digital photography have brought affordable cameras and long lenses into the mainstream. When we were merely in visual pursuit of a bird, our hobby was relatively unobtrusive to others. With good binoculars, it was sufficient to admire a bird from a respectful distance. Even for those of us who keep a life list of birds we’ve seen, it has always been adequate to identify a new bird from afar.
But I submit that cameras are changing the boundaries. It is no longer enough to simply appreciate a bird through binoculars. Now we are often trying to get a photo so impressive that we can make our friends say “wow.” Some of us are stepping over the line. I mean that literally. I have seen some birders step over a property line clearly marked No Trespassing in order to get a better photo.
The owl invasion this winter brought the issue to a head. Snowy owls irrupted into Maine in unprecedented numbers this year. Most of the owls showed more sense than we did. They settled onto public property and offered themselves up for easy viewing. Perhaps half a dozen snowy owls wintered on the mountaintops of Acadia. One roosted frequently on Nubble Island in York. Two others were often spotted on islands and shoals at Biddeford Pool. Several owls were tallied in midcoast state parks.
But a few chose to roost reliably on private property. Once word got out, it was not unusual for dozens of birders to go take a look. I’ve known landowners who were initially pleased at having a rare bird on their property. Slowly, their pleasure turned to dismay as crowds arrived and simple etiquette was disregarded by a few.
Besides snowy owls, a rare northern hawk-owl took up residence in central Maine very early in winter.
It’s the only hawk-owl reported in Maine this season and lots of people from around New England went to visit it. As the trickle of people became a torrent, parked cars blocked roads and driveways and damaged shoulders. A few birders ignored signs and bolted through front yards. Sometimes the owl was baited into approaching photographers for a better shot.
You may have noticed that I let the entire winter go by without mentioning this northern hawk-owl. Under these circumstances, it would have only gotten worse if some imbecile had printed the location of a rare bird in his weekly birding column. In fact, I made the personal choice to not visit this hawk-owl because I didn’t want to add to the chaos. The photo accompanying today’s column is a bird I snapped from a respectful distance using a spotting scope on its breeding grounds in Churchill, Manitoba.
And one more thing: It used to be that the reporting of a rare species could be supported by field notes, other eye witnesses and the overall competence of the reporter. But photography is now so widespread that a snapshot has become the acceptable standard of evidence for a rarity. This increases the pressure to get that good photo, and it may be time to reaffirm our Code of Ethics and make sure it applies to camera work.
Lastly, there is a difference between birding etiquette and birding ethics. There is a whole range of proper behaviors that we need to observe in order to minimize harm to the bird itself. I leave that discussion for another day. My soapbox is getting wobbly.
Bob Duchesne serves in the Maine Legislature, is president of the Penobscot Valley Chapter of Maine Audubon, created the Maine Birding Trail and is the author of the trail guidebook of the same name. He can be reached at duchesne@midmaine.com.



Too bad ‘birders’ don’t contribute to the DI&W like most other outdoor activities do. If a birder gets lost, who goes looking for them? This also applies to those who canoe and hike. The burden should be shared. Little of the IF&W budget comes from the state.
Actually, birders do. There’s a Birder Band program at http://www.maine.gov/ifw/wildlife/species/endangered_species/birder_band.htm. But you are right. All outdoor users of the resources supervised by MDIFW should support the department more.
Support them to do what? They are useless. You own land up hare and have a problem with people trespassing they do not care. The only thing the IFW here does is write tickets . Need a question answered your out of luck. Call them sometime. Have a warden accuse you of a crime tough as they have no over site. They ride around all day and harass those who are not doing anything wrong. They think every person in the woods is a criminal and they think they are the gods of Maine outdoors.
Everyone will have a different opinion, but here is mine: Fist, many birders (myself included) do contribute to IF&W, through the birders band that Bob wrote about. The “burden” is shared, and people should not pass judgement if they do not have all the facts.
Second, I’m not sure that saying IF&W is useless is entirely true. I have called them many times before, and they always have an answer for my question.
And about the Warden Service: They do not think I’m a criminal, and I spend a good amount of my time in the woods. They do some very important work, that should not be discounted so lightly.
Well try coming up here and hunting and having one of these guys jump out of the woods ( wearing no orange they make laws saying we have to wear ) while your sitting in your stand hunting. Then ask to see your license while your trying to hunt deer and this person is talking and scenting up your stand! Then realize your on YOUR OWN PROPERTY AND IT IS POSTED!!!! Then realize you have you license and your wearing the two pieces of orange!
Now you own a chunk of land then say you get 4 wheelers rutting up your land throwing bottles and trash all over so you call the police they say call the IFW you do then a day or two later a guy shows up goes out and looks at the gate that has been tore down the trash the spray paint on the rocks and then he says well you have to SEE them to do anything. Really I have to actually see them?
Then lets say a bunch of folks form Mass come up to Maine to see nature. They go over a GATE and ignore the no trespassing signs they wander through your land then your enjoying a cookout with your daughter and grand kids and a group of these folks comes out of the woods into your yard! Then imagine two of them are carrying rifles! Then imagine getting your family into the house getting your rifle and your wife and daughter armed all while calling the police then having two wardens show up and tell the folks they should not be here and give them a ride back to there car. No tickets no nothing.
These are three of my personal experiences with IFW. My opinions are based on what I have seen them do with my own eyes. Violating the 4th amendment imho is pretty serious. But hey when they come on your land without your permission, reasonable cause or a warrant let me know how you like it.
Okay, this is pretty off topic at this point…
I can’t speak for you, but I do know that the Warden Service is very professional, and maybe this is not the right place to complain about them.
Back on topic; great article Bob! The issue of etiquette is a very important one. Keep up the good work!
The law says you must exhibit your license NOT give it to them. After that you can say nothing at all and leave.
Hunters and fishing folks kill and consume thusly paying for the privilege. I agree that monies from the general tax base should fund IF&W.
I echo Bob Duchesne’s comments regarding funding for MSIFW. If you don’t want a Bird Band you can make a tax deductible contribution to MDIFW non-game fund at
http://www10.informe.org/webshop_ifw/index.php?Submit=View+Details&c=39&p=3261&storeID=2
Thanks, Bob, for this gentle reminder to our enthusiastic admirers of wildlife! I worked at Churchill each summer for over a decade and saw the best and the worst of birders and wildlife photographers. I directly observed how some of those ‘cool’ and ‘wow’ photos of Arctic terns on or approaching cameras were taken – I saw, more than once, the photographer literally standing near (or in some cases ON) the birds’ nests, which of course would make the bird try to swoop close to the intruder at its nest. This was common behavior at shorebird nests, too. Once, one overly-enthusiastic photography class at Churchill was huddled around something along the side of the road. My field assistant and I, returning to camp for lunch, stopped to find out what the excitement was for this group of people, each with their cameras snapping wildly and aimed at something in the middle of their circle. It was an injured eider hen, still alive and looking intact but unable to fly (her spine had been broken presumably by being hit by a car a little earlier in the day). The photographers, so caught up in the opportunity to get a close-up of this elegant bird, repeatedly reached down and propped up the bird, making it lift her head and posing the bird for the ‘perfect photo’. It was a ‘feeding frenzy’ that sickened me. We stepped in amongst the crowd, retrieved the bird and took it to the refuge office to be euthanized by the local ranger, whom we knew. The crowd of photographers were angry at us for ruining their ‘photo-ops’! This incident resulted in a public talk given that night by my research crew to the local tour groups as well as the development of a ‘Birders’ and Photographers Code of Ethics’ that all people staying at the Studies Centre had to sign before participating in an organized activity there. Most people in that infamous group later told us that they thanked us for reminding them how easy it is to get ‘caught up in the moment’ and forget what it is supposed to be all about. I discussed this issue with the Manitoba Provincial Minister. Enjoy the moment – but don’t get lost in it!
-Rebecca Holberton
Gulf of Maine Bird Observatory
Dir., Northeast Regional Migration Monitoring Network
Lab of Avian Biology – Univ. of Maine
Interesting reading as always, Bob. Even though most of my ‘birding’ is done in the poultry aisle at the supermarket.