Results of Special Protection to Gulls and Terns Obtained through the Thayer Fund

In beginning this report on the special protection work of the past year, great credit should be given to our fellow-member, Abbott H. Thayer, for the very important part contributed by him to the result. The thought of this special protection was his alone, and his unflagging and unaided energy and tact, secured the sinews of war, a fund of over $1400, with which wardens were paid; without this fund, nothing could have been accomplished. Where he should have received encouragement, i.e., among the ornithologists, he met with discouragement, for he was told that it was impossible to raise and funds for the work. By his personal courage and faith, he accomplished what others said could not be done.

The primary object of the work was to enforce the laws for the protection of the birds that breed upon the marshes and islands along the middle Atlantic coast, and more particularly the Gulls and Terns. The territory it was purposed to cover was that portion of Virginia lying north of Cape Charles at the mouth of Chesapeake Bay, comprising the counties of Northampton and Accomack, all of Maryland bordering on Chincoteague Bay, the coast line of New Jersey, the two colonies of Terns in New York, and the coast of Maine. The Massachusetts tern colonies have been very thoroughly protected during the past season, as heretofore, by our member, Mr. George H. Mackay.

As the territory to be protected was, with the exception of Long Island, N.Y., entirely new to the committee, its first effort was to locate the places where the colonies of gulls and terns still existed. The Committee not having the time at its disposal, nor caring to spend any portion of the fund for preliminary visits to the several States, was forced to obtain the necessary information entirely by correspondence.

At this report will cover protection work in five States, each with different laws, it is deemed best to treat each one separately.

Virginia.

At intervals of a few miles on the Atlantic coast, the General Government has located life-saving establishments. During the summer months, when the breeding birds most need protection, the crews of the stations are off duty, the Captain alone remaining in charge of the house and apparatus. In Virginia the breeding grounds are located near these stations and the Committee was fortunate enough to interest and engage the services of eight of the Captains to act as wardens. That they very effectually protected the birds breeding on the marshes and beaches near them will appear later.

The bird laws of Virginia consist of a series of special county acts, and as the protection work was entirely confined to the counties of Northampton and Accomack, cognizance was taken of only the local statutes for the said counties, which are as follows: "It shall be unlawful for any person to shoot, or in any manner
kill or destroy the bird known as the gull or striker, before the first day of September, to take its eggs later in the season than the twentieth of July."

As it was useless to attempt to protect either the bird or eggs until the close season commenced, the wardens were, prior to that date, fully informed of the exact text of the law and were instructed to absolutely enforce its provisions from the first to the last day of the close season on all the birds breeding or living near their stations. Just prior to the end of the close season, our member, Mr. Frank C. Kirkwood, volunteered to make a trip to each of the stations in Virginia and the one in Maryland, which he did at much personal discomfort. The trip lasted from August 20 to 29 inclusive, and was made in a twenty-five foot sharpie, a shallow, flat-bottomed sail boat. When Mr. Kirkwood was fortunate enough to reach a life-saving station at night he was comfortably housed, but on several occasions the night was spent at anchor, his couch being the bottom of the boat and his covering a portion of the sail or the sky. Sleep was almost impossible, for if he retired under the sail he was almost suffocated with heat, and when he threw it off, life was unendurable owing to the swarms of mosquitoes. High and head winds, fog, rain, mosquitoes, and on one occasion a temperature of 119 degrees in the sun at 7 A.M., were some of the difficulties Mr. Kirkwood had to overcome during his trip, and on his return to his home he was laid up with a sharp attack of malaria as the result of his fatigue and exposure. Mr. Kirkwood reported that he was very well pleased with the results of the work done by the eight wardens, that he, in the main, found them interested and that the reports they severally made to him could be depended upon.

On his return Mr. Kirkwood submitted a long written report from which I quote the following interesting details:

Isaacs Island.

Captain Hitchens gave me the following estimates:

Common Tern (Sterna hirundo). -- Thousands bred, about twice as many as last year.

Black Skimmer (Rynchops nigra). -- 2,000 to 3,000.

Black-headed Gull (Larus atricilla). -- A few. Used to be a breeding place for them, but none have bred of late years.

Smiths Island.

American Oyster-catcher(Hematopus palliatus). -- 6 pairs. Only two pairs last year.

Wilson's plover(Egialitis wilsonia). -- some.

Willet (Symphemia semipalmata). -- 8 to 10 pairs.

Clapper Rail (Rallus crepitans). -- 1,000 or more.

North end of Smiths Island.

Common Tern (Sterna hirundo). 50-100, -- first in 10 years.

Laughing Gull (Larus atricilla). 100-150; none last year.

American Oyster-cater (Hematopus palliaus). 3 pairs; 2 pairs last year.

Wilson's Plover (Egialitis wilsonia). A few.

Clapper Rail (Rallus crepitans). Numerous in marshes all along to Cobb's Island.

Willet (Symphemia semipalmata). A few along the island; 6 pairs on the south end.

Royal Tern (Sterna maxima). About 12 pairs had remained all summer at a point about two miles south of the north end of the island but he had not seen any eggs or young.

Gull-billed Tern (Gelochelidon nilotica). A few.

Capt. Hitchens is well informed regarding birds, and his conversation impressed me strongly that he was thoroughly in earnest and would do all he could to protect the breeding birds.

Cobbs Island.

Capt. Andrews estimated the numbers of birds breeding as follows:

Common Tern (Sterna hirundo). -- About 200.

Gull-billed Tern (Gelochelidon nilotica). -- About 1,000.

Laughing Gull (Larus atricilla). -- About 1,000.

Black Skimmer (Rynchops nigra). -- About 4,000.

Willet (Symphemia semipalmata). Only 2 pairs.

Wilson's Plover (Egialitis wilsonia). -- Only 2 pairs.

American Oyster-catcher (Hematopus palliatus). -- About 12 pairs.

At the time of my visit only the Black Skimmers were to be found at their nesting places, two in number. About two thousand five hundred birds were found at the southern end. A few young birds barely able to fly were seen. The second nesting place was estimated to have about one thousand five hundred birds; here also a few young were found in all stages up to those ready to fly, while quite a number of young birds were seen flying with the adults, showing that while this more northern breeding place may have been robbed some early in the season, the other had evidently escaped. Altogether the evidence fairly showed that the birds should not again breed numerously here. On my way north I stopped on one of the little marshes marked on the chart and counted thirty-nine Laughing Gull nests, and as immature gulls and terns were seen flying round the island the prospects seem fair. Capt. Andrews says he stopped two or three gunning parties that came early in the season and that none came afterwards.

Hog Island.

Capt. Johnson reported that he had Laughing Gulls (Larus atricilla), Terns or Strikers (Sterna hirundo et antillarum), Willet (Symphemia semipalmata), and Clapper Rails (Rallus crepitans). The numbers were hard to estimate, but there were a great many of all the species, and that the increase during the season had been large. He feels sure that there has been a less number of birds and eggs destroyed this summer than for a member of years past. One party had prepared to shoot Laughing Gulls for market but Capt. Johnson notified the Commonwealth and the plume hunter received a letter that stopped him at once. There were no further violations of the law. I believe Capt. Johnson to be entirely in sympathy with the movement to protect the birds.

Paramores Beach.

Capt. Richardson is a man thoroughly in earnest and very conscientious, and I am confident that he can be relied upon; he
reports having protected the following birds: Laughing Gulls (Larus atricilla), Clapper rails or Marsh Hens (Rallus crepitans), Willet (Symphemia semipalmata), and Terns or Big and Little Strikers (Sterna hirundo et antillarum). About a thousand of each species arrived in the spring. He stated with evident pleasure that he had not seen a bird killed or and egg taken unlawfully during the season. He also reports that there is growing sentiment among the resident boatmen that the birds must have protection, and he adds; "Personally, I am a great lover of birds and the season would lose their charm for me were they gone."

Wachapreague, Cedar Island.

Capt. Savage expressed himself as entirely in accord with our objects and stated that no shooting had been done near his station. The species that breed there are Laughing Gulls (Larus atricilla), Clapper Rails (Rallus crepitans), Black Skimmers or Flood Gulls (Rynchops nigra), Terns or Strikers (Sterna hirundo), and Willet (Symphemia semipalmata). He states that everyone concedes that all the species mentioned are much more plentiful than they have been for some years, hence we must conclude that the efforts that are being made for their protection have resulted in much good.

Metomkin Island.

Capt. Taylor was at first afraid to act on account of his being a United States officer, but after a long conversation he decided that we were not asking anything that would conflict with his duties, and that he is now willing to inform all parties of the law and report all infringement. The only bird breeding near his station are the Clapper Rail (Rallus crepitans), and Willet (Symphemia semipalmata).

Wollops Island.

Capt. Whealton was thoroughly in sympathy with our movement and stated that he had stopped all summer shooting from a club
house close to his station, and in the early part of the season had stopped two negroes who were egging on the marsh, and that since then the birds had not been troubled so far as he knew.

The species protected were Clapper Rails or Mud Hens (Rallus crepitans), Willet (Symphemia semipalmata), Laughing or Black headed Gulls (Larus atricilla), Terns or Big and Little Strikers (Sterna hirundo et antillarum), and it is probable that the increase in numbers was very material.

The committee feel very much encouraged with the results obtained by the past season's efforts and especially with the very earnest and conscientious labors preformed by the wardens at their respective stations. a movement has already been started to have the American Ornithologists' Union law passed in Virginia so that the birds will be protected at all seasons of the year.

Maryland.

The Maryland law is very satisfactory; the portion referring to the gulls and terns is as follows:

"No person shall, in this state, at any time shoot or in any way catch or kill, expose for sale, sell or buy, or have in possession, alive or dead, any herring gull or mackerel gull, or gull of any description, under a penalty of not less than one ($1.00) dollar nor more than five ($5.00) dollars, for each such bird, so shot, caught, killed, exposed for sale, sold, bought or had in possession; and no person shall under penalty, have in his or her possession, offer for sale or wear, the skins, plumage, wings, or feathers of any of the birds, the catching or killing of which is prohibited by this section. It is also unlawful to molest or destroy the nests of any of the aforesaid birds, under a penalty of not more than twenty-five ($25.00) dollars for each offense."

The only place in Maryland where a colony was found was on Robbins Marshes, Bacon Island, and Egg Beaches, near North Beach. Mr. Simon B. Harman, an old resident, was appointed warden. The Common Tern or Mackerel Gull (Sterna hirundo) was the only species protected and the colony was not a large one. Mr. Harman reports that only once was he called upon to
prevent shooting, and three times, egging. He also reports that "the Protective Association is a grand success and I can already see as the result of four months protection that the birds are fifty per cent more numerous this fall than last."