NMSU: the War with the Hawks

New Mexico State University recently removed a hawk's nest just as the hawks were getting ready to start a family.

Initially that appeared illegal. (Swainson's Hawks aren't endangered; but the Migratory Bird Treaty limits what you can do to their habitats, and when.) 

A year ago, these two hawks built a nest. No problem – until fledglings were wandering around, vulnerable, with their parents watching like, well, hawks. The parents defended their young by attacking folks who came too close. Some people got bloody heads. (Someone described a professor striking with a broom at fledglings on a roof. Wish the hawks had attacked that person!)

Last week, again a nest. NMSU employees checked and found no eggs, then pruned away the branch that held the nest. 

Professors, environmentalists, and birding enthusiasts were appalled. Kevin Bixby of SWEC said, “Apart from the fact that they broke the law, they didn't deal with the problem, because the hawks will keep nesting there. They should have seen this as a teaching opportunity. There were a lot of things they could have done to coexist. Instead of what they did, they could have made national news as an innovative institution. We have to learn to coexist with nature.”

I called NMSU Monday. Vice President for Facilities Glen Haubold expressed concern for both birds and humans, and the intention to find a way to coexist. He sounded thoughtful and prudent. He said that some of the injuries last year were serious, and that there's a particular danger when the fledglings land near the swimming pool, where human kids play. (The hawks think it all belongs to them.) He said NMSU was working to harmonize the needs of birds and people. 

Devilan Roper, local enforcement agent for the U.S. Fish and Wildlife Department, said NMSU “made a mistake, but they're being really good about the next step.” He said NMSU was consulting experts and volunteers, to design and implement some system of protecting human beings without evicting or attacking the hawks. 

Tuesday I started this column. It praised NMSU. I agree with Bixby that “we need to find a way to coexist with the natural world.” I was glad to learn that Haubold agreed – or seemed to.

Man, was I naive! Thursday afternoon, I learned that the hawks had already built a second nest, and NMSU has destroyed it. A new interpretation says that's legal, and that “active” means “containing eggs,” except with eagles. (I haven't researched the law.) NMSU reportedly will cut down several trees around Regents Row and Renfrow – trees where several other bird species have nests. All that pretty talk about coexistence? Empty. 

I have two degrees from NMSU. We collaborated recently on rewriting NMSU's freedom of expression policy. I wish NMSU would behave better.

Can NMSU legally harry these hawks? Apparently. Does it have reason for concern about harm the birds could do to human staff, students, or visitors? Sure. But a university I could admire would take that as the starting point and do what NMSU spoke of doing when it feared it had to: make the effort to coexist with the natural world and include the environment as a factor in decision-making.

Instead, NMSU is going to do what's easiest and most convenient. Just as it runs sprinklers in daylight, despite our drought, because that's convenient (more staff, easier to spot errant sprinklers in daylight), it'll make war on the hawks. 

NMSU could have shown real leadership here. Nope. Doing what's right can be kind of a pain. Greatness would take effort.

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[This column appeared in the the Las Cruces Sun-News this morning, Sunday, 16 April, and will appear in a few hours on KRWG-TV's website.  I welcome comment at any or all of the three.]

[Initially I typed in "NMSU's War on the Hawks" for a title, but I immediately felt that that was unfair.  NMSU could reasonably argue that the hawks started the war.  So I made the title more neutral.  But whoever started the war, a human being in the 21st Century might kind of hope a university would be smarter and wiser than a pair of Swainson's Hawks, maybe more tolerant, even resourceful and imaginative.  But that proved too tall an order for my alma mater.]

[I've reached out to learn more.  The U.S. Fish & Wildlife Service's Migratory Birds website had this in the FAQ's:

Q. A hawk comes to our yard regularly and sometimes kills birds at my feeders. What can I do to stop this?

A. Nothing. All species of hawks are protected under the Migratory Bird Treaty Act and it is illegal to harm, harass or kill them.

I'd sure say NMSU is harassing two hawks -- and arguably harming them.  

But a further conversation (after this column had been set) with Enforcement Agent Roper confirmed that the FWS's position is that what NMSU is doing is legal.  
It also appears that NMSU has contacted FWS about a permit to do more.  That would likely involve moving the hawks, which would be done by an expert, not by NMSU itself; and it could even allow NMSU to kill the hawks, although NMSU's Tom Dobson told me Friday afternoon that "destoying the birds is not an option that we're even pursuing."  
Some of the more ardent supporters of the hawks might wish to follow the permit process, which I'm told moves quickly.  Either send NMSU an IPRA Request, under New Mexico law, and/or direct a Freedom of Information Act (FOIA) request to the FWS.  For the FOIA Request, start by clicking here! Or direct the request to fwhq_foia@fws.gov or to:
Melanie Ruiz
U.S. Fish and Wildlife Service
ESA Litigation/FOIA Coordinator
USFWS-Ecological Services
500 Gold Ave SW
Albuquerque, NM 87102
Office: 505-248-6284 / Fax: 505-248-6788
Email: fw2_foia@fws.gov]

[Incidentally, though having to revise the column left me too little space to mention this, I did also ask Mr. Haubold about the notorious bee's nest incident -- and learned (or think I learned) a couple of things that explain NMSU's conduct in that situation.   I (and many others) had been appalled by the idea that when the world (and agriculture) is suffering from a serious decline in the bee population, NMSU would destroy a bee's nest rather than call a beekeeper, as a baseball team did the same week during spring training.   (Actually, the bee-keeper was in the stands and came down to save the day.  And the bees.)  However, two facts change the equation:  Haubold says the bees weren't the ones we need, but the larger African immigrants (who deserve Trump's attention more than human immigrants do); and he added that NMSU had contacted several local beekeepers, but none had the required equipment.  So on that incident, NMSU apparently got some undeserved bad press.]

[By the way, searching the U.S. Fish and Wildlife Service website for relevant information did yield some interesting but irrelevant information:

What's the largest bird?

 What's the fastest bird?
Which bird has the longest migration route?

Which bird can rotate its head as much as 280 degrees? 
Who sings loudest during courtship, before dawn? 

(answers at the end of this post)]

I'll keep following the hawk situation.  I kind of hope others speak up.  I'll report anything pertinent I hear, most likely here on the blog rather than in a column.]

[Answers:

What's the largest North American bird?Trumpeter's Swan, which can weigh 28 lbs. and have 9 ft

What's the fastest bird?  Peregrine Falcon, with a documented 117 mph dive

. wing-span

Which bird has the longest migration route? Arctic tern, 22,000 miles, Antarctic to Arctic and back.

Which bird can rotate its head as much as 280 degrees?  Owl
Who sings loudest during courtship, before dawn?  Mockingbird]
 

Our Lawless Governments

New Mexico governments are on a rampage recently, trampling on laws and constitutional rights and causing sometimes unnecessary lawsuits.

Our Governor abruptly deep-sixed mental health providers; and now the City of Las Cruces is suing the State over the Gross Receipts Tax.

A bad bill rushed through the legislature at the 11^th hour, unread by most legislators, cut cities' incomes but let them hike the GRT very slightly. Martinez allegedly warned cities not to exercise that right. Las Cruces did so. The State called the increase illegal because it didn't specify certain points – but the City doesn't see that requirement in writing.

Earlier, the State closed more than a dozen mental health providers, replacing them with an Arizona concern.

The State said an audit showed “credible allegations of fraud,” so that federal law required the State to impose the death penalty on all those companies, sans trial.

Actually, that law permitted the State to ignore the “requirement” in the public interest. Avoiding a disruptive change for patients, and keeping several New Mexico companies alive until proven guilty, would seem to qualify.

The State refused to show us the documents, in probable violation of state law, and got sued. Recently it released a little more of the audit. The auditors say they “did not find what we would consider to be credible allegations of fraud.”

No findings of fraud. No findings of “credible allegations of fraud.”

That the State had contacted the Arizona company months before the fatal audit even began adds to questions about whether Governor Martinez simply did what she wanted, for political reasons, without regard to law or fairness.

Maybe there was fraud. The State's behavior suggests not. While some Republican group paid a bunch of bucks for slick radio ads supporting the Governor's action, state officeholders refused opportunities to appear on the radio to articulate their defense, if any – and face questions. One agreed to participate in our radio program – then never answered further phone calls or participated

In July a jury found Dona Ana County had violated the law in firing Jorge Granados. The County was ordered to pay damages and attorney fees.

Now the County opposes Granados's lawyers request for fees. By statute, they get the fees – doubled. They took a gamble, working long unpaid hours for months or years to right a wrong, as they saw it; and the doubling could also deter further such wrongdoing.

The County objects that there were two lawyers – though we saw two in court for the County, and Raul Carrillo didn't do all the legal research and drafting for the defense.

Granados was turned down by all the Las Cruces lawyers he talked to. Then his El Paso lawyers won a case that the County lawyers thought had little chance. Questionably County motions that failed caused some of the legal fees; and the lawyers had to do all their trial preparation twice, because the County won a last-minute postponement from September 2012 to late June 2013.

The County's lawyers (and/or insurers) don't know when to hold 'em and when to fold 'em. (Ask Mr. Slevin.) They're appealing, against long odds. We or the insurers will likely end up paying two sets of lawyers to discuss these issues in the appellate courts.

One county attorney recently denied me a public record the NM Public Records Act clearly required him to show me. He claimed that a certain case supported him. I wasted time reading the case, discovering he was dead wrong, and writing a letter threatening suit. Then he backed down. In February, he startled everyone at a very long hearing by announcing in an odd, rambling way that he suddenly saw the case in a new way – at 3 a.m., after about nine hours.

More recently the same lawyer advised the Extraterritorial Zoning Authority (ETA) to deny two members of the public the right to speak during “Public Input.” We had a basic Constitutional right to do so. Generally, when a government opens an area to public speech, it can't outlaw speech based on content. The lawyer claimed that although we were going to discuss general issues, our statements might somehow be taken as improper ex parte communications about a zoning-change request that might be made at some future date.

But when public officials aren't too confident in their abilities, and suspect they'll screw up, they try to err in what seems the safest direction.

NMSU also doesn't respect free speech or the Constitution. It brought three criminal charges against a some-time student who attended a job fair open to the public and stood quietly out of anyone's path beside the NSA table with a sign suggesting “If you want to work for Big Brother, apply here.” The next day, another student lightly tossed a copy of George Orwell's 1984 onto the NSA table. That's a succinct political statement, but it ain't a crime.

More lawsuits waiting to happen, because of official arrogance, incompetence, or testosterone.

                                                                           -30-
[The column above appeared in the Las Cruces Sun-News today, Sunday, 27 October.]

[One difficulty at 845 Motel Boulevard is that the place seems to be run by the lawyers.  More than once this year they've put the commissioners in a tough spot, because none of the commissioners are lawyers themselves and thus can't fully judge the advice they get -- or, if they suspect something's off-kilter, understandably have a tough time disobeying their lawyers.  Further, I have a strong feeling that as to a couple of commissioners the lawyers have either been involved in questionable action against them or have threatened them.  There are also rules -- put in place to keep commissioners from meddling in matters left to the county manager's discretion and judgment -- that hamstring those commissioners who might like to take action regarding the lawyers.   We can only hope that one retires soon and a new city manager doesn't promote from within to replace him.
With regard to the ETA incident: I'd like for it not to end up in court.  However, the initial response by the county offered no legal support for the county's position, but merely asserted that the county lawyer was right and we were wrong.  That's unfortunate, but further discussion might lead to a resolution.]

Some Thoughts on Monsanto

This week someone forwarded me an article entitled “The Goodman Affair.”  (I hadn’t had one, but read the piece anyway.)  It concerned further efforts to insulate Monsanto’s genetically-modified corn from scientific scrutiny – and provided a context in which to contemplate the NMSU Regents’ vote elevating Garrey Carruthers to University President.

Monsanto has tinkered extensively with “genetically modified” corn and other seeds.  A major genetic modification is to make the corn survive the use of a particular Monsanto herbicide, Roundup.

Many folks would prefer not to eat genetically modified food.   There’s been a move to require labeling, to retain people’s freedom to choose.  Monsanto has strenuously opposed labeling, insisting that since there’s no possible health danger, labeling would be wasteful.

The Goodman Affair?  In October 2012 a team of scientists published in a scientific journal a study in which rats given the genetically-modified maize and Roundup developed tumors and died prematurely at a faster rate than rats fed more normal food.  Monsanto experienced a storm of negative publicity.

Other scientists, many or all with undisclosed ties to Monsanto, immediately criticized the French study.  I don’t know who’s right, but the disputed study followed rats for their full two-year life span, not for just a few months.  Earlier studies relied on by Monsanto apparently took the shorter view.

The most disturbing thing is that within months former Monsanto employee Dr. Richard Goodman suddenly held a newly-created position (“Associate Editor for Biotechnology”) at the journal.  He’ll be in charge of deciding which biotechnology studies get published.  Although usually those journals promote from within, and slowly, Dr. Goodman apparently had no previous tie to the journal.   Monsanto ain’t gonna have to worry about Food and Chemical Toxicology anymore.

This is no isolated incident.  Monsanto has consistently used its astonishing political clout (with both parties) and its wealth to evade objective scrutiny.   Initial approval of GMO seeds in the U.S. came in a proclamation by the first President Bush (at Monsanto’s request) that no special Government safety tests would be done because the President deemed GMO seeds “substantially equivalent” to non-GMO seeds; Monsanto’s  contracts for the sale of seeds flatly prohibit use of the seeds for independent research; and recently Congress slipped into emergency legislation on another subject a law allowing farmers to plant genetically modified crops even if a court orders suspension of planting pending environmental review!  The Government has still done no testing of the GMO seeds.

Monsanto’s questionable conduct strengthens my support of required labeling, the way a TV detective’s eyes narrow when someone objects violently to a perfectly reasonable question, or runs down the alley at the first sign of a squad-car.

Monsanto reminds me of the scientists in a bad 1950's sci-fi movie, who have discovered what’s best for us and don’t care what we might think about it.  If we had free choice we’d only act like immature barbarians, so they save us from ourselves, even if that requires killing or reprogramming dissenters.

I’m sure Monsanto has invented or could invent things that could help us negotiate the tough decades ahead, with crazy weather, drought, rising seas, food shortages, and what-not.  I know some pretty good people who collaborate with Monsanto on projects.

But I’d like the freedom to decide what I’ll eat.  When I interviewed farmers’ market customers for a video project recently, many stressed that they liked locally-produced food “because I know what’s in it” or because there were “no pesticides.”

Unfortunately, scientific research more and more depends on industry funding.

In earlier centuries, scientific truth was what a prince or king said it was (or the Church or local medicine man).  Briefly, after the Enlightenment, it was what objective scientists, struggling to understand our complex world, seemed to be finding out, although there was a lot of uncertainty.  Now it’s not unreasonable to fear that truth will be what the wealthiest corporations say it is.

At a minimum, objective science is under siege, particularly in the U.S.  Industry hacks spending a few years with the FDA or EPA often make the rules.  Politicians beholden to Monsanto, the oil industry, and other deep pockets make the laws and appoint the judges.  Now even university science and administrative posts, and the editorships of scientific journals, belong to industry people with vested interests.

There’s an ongoing battle over whether universities and scientific journals will retain at least some semblance of objectivity.  In that contest, how can one be pleased that the NMSU regents have chosen a fellow who attacked good science for the tobacco companies and still apparently doesn’t get it about global warming?  Nothing personal.  It’s just wrong.

I’m not saying Mike Cheney got a call from Monsanto.  Cheney’s just a small-time businessman who saw his pal Carruthers as good for business: a man who’d bring in money.  Whose money, and for what, Cheney probably doesn’t much care.  The university reputation is a resource, and if it can be rented out for some quick cash, why not?

Cheney’s university-as-business view is sad.  I know the Socratic model of teacher and students questioning and arguing all day is no longer feasible.  But couldn’t we dream of a university somewhere between that and the business model – where learning mattered and science at least tried for objectivity and high competence?
-30-

[The foregoing column appeared in the Las Cruces Sun-News today, Sunday, 26 May.  As always, it represents my views and not necessarily those of the newspaper.]

There were marches against Monsanto in much of the world yesterday, including El Paso, Texas, and Albuqerque, Santa Fe, Silver City, and Taos, New Mexico.  In Las Cruces, there were scattered individuals trying to start something but not able to find each other.  One man did play a guitar and hand out leaflets at the Farmers' Market.

GMO's, and the larger issue of the attacks on objective science by Big Pharma, the Oil and Gas Industry, and Monsanto, need to be raised more and more often. 

With the GMO's, I'd like to belief Monsanto's claim that there's no problem.  But we've heard that repeated so often with all sorts of things.  A few years ago an interesting memoir by the son of a scientist with a major asbestos manufacturer reported playing with pieces of asbestos -- and his mother growing tomatoes in pots made from asbestos.  More recently, ten years ago I probably laughed at a co-worker, Charles, who refused to own a cell-phone or even talk on mine when we had to talk with someone about Charles's field of expertise, and I probably cursed him for objecting to my use of my cell-phone while driving us to court.  Now science seems to be suggesting that overuse of cell-phones can be a health hazard, and cities and states are outlawing the use of cell-phones.  

Monsanto's own conduct discourages me from believing much that it says on this subject.  Its unusually secretive mode, its extensive steps to avoid independent scrutiny, and some of the conduct discussed in the column sure suggest it has something to hide.  Too, "the Goodman affair" is just one example among many, too many to fit into a newspaper column.


Right after posting this I read allegations that Facebook had suspended a woman for posting photographs of her children holding signs at a rally against GMO's yesterday.   I read the allegation on something called naturalnews.com -- and read it with some skepticism.  Here are the photographs:

They show the two children of Andrea Lalama.  Almost immediately her account was suspended, with a message on her account that read, "FACEBOOK: You have been restricted from Interacting With Pages until Saturday, June 8, 2013 at 6:47 p.m."

My first reaction was to wonder if maybe there was something else -- something Ms. Lalama either had forgotten, didn't realize, or wasn't mentioning.  However, the same apparently happened to a lady named Georgia Gallucci, for repositing a friend's photos from the Monsanto March; and the same happened to an account called "Reversing Autism."

In each case, the photographs were labeled "abusive."  

Puzzling.

I'll be curious to hear more, one way or the other.