The ospreys have been back on the East End since mid-March and their nesting activity is now apparent. Many roadside nests are occupied, and female ospreys are incubating eggs. Even a pair of ospreys whose nest was kicked into Accabonac Harbor last June have returned and are, once again, attempting to nest at the end of the same dock.
Dot Field, the Springs resident who witnessed the nest destruction, confirmed last week that the ospreys, despite last year’s violence, were there regardless of the presence of bird-deterrent devices.
“I’m not nosy, it’s just my view,” she said in a phone call. “The birds have been trying to knock the bird-deterrent devices over. They positioned the new nest in the space where the spinners can’t reach. To me it goes to show how the birds want to make a nest. They picked a spot.”
She has notified the East Hampton Town Trustees and emailed Councilman Tom Flight, the New York State Department of Environmental Conservation, and the United States Fish and Wildlife Service.
While Ms. Field is hoping this year’s outcome is different, the actions of both the D.E.C. and the Fish and Wildlife Service have been uninspiring from an enforcement perspective. Neither issued Cindi Crain, the owner of the dock, a violation for her alleged actions last year.
“Following a D.E.C. investigation in 2024, no tickets or violations were issued at this location,” an agency spokesman said in an emailed statement. “Environmental Conservation Police Officers investigated the complaint and did not issue any tickets last year, as they did not witness a violation of tampering or that there were any eggs in the nest. Violations would typically be issued after witnessing the illegal action by a police officer or other documented or collected evidence. D.E.C. is actively working with the U.S. Fish and Wildlife Service to continue monitoring the location.”
“Both the Fish and Wildlife Service and the D.E.C. dropped the ball,” Jim Grimes of the trustees said by phone. “Ms. Crain determined herself that the nest wasn’t viable. It’s very hard, after you kick it off a dock, to tell whether it’s a valid nest. We were very disappointed with the lack of performance of both the D.E.C. and the F.W.S.”
Ms. Field, the only witness of the nest tampering, said she “never heard a word” from either regulatory agency. “There was no follow-up.”
Asked by email about the investigation, Marilyn Kitchell, a public affairs specialist with Fish and Wildlife, gave no specifics. “Special Agents from the FWS Office of Law Enforcement collaborate with partners to gather comprehensive information about suspected crimes. This often involves interviewing witnesses and collecting or documenting physical evidence. While there are various reasons why some individuals may not be contacted, we greatly value the public’s willingness to support our investigations and their commitment to wildlife protection,” she wrote.
Further, neither the D.E.C. nor Fish and Wildlife would explain what “monitoring the location” means, despite several requests for clarification. Are officers present, or has a trail cam been installed?
Councilman Flight said after Tuesday’s town board meeting that he had communicated his concerns about the nest to Marty Culloton, the new director of the town’s Code Enforcement Department.
Under state law, “illegal take” of an osprey, which includes destruction of an active nest, can lead to a $250 fine, a pittance for most waterfront Hamptons homeowners. However, it can lead to a misdemeanor charge of cruelty to animals under State Department of Agriculture and Markets law.
Federal penalties are toothier. Ospreys, like almost every bird, are protected under the Migratory Bird Treaty Act. If an active nest is destroyed, it could even be considered a felony, with punishments of up to six months in prison and a $15,000 fine.
“The F.W.S. prioritizes achieving compliance and fostering future cooperation,” Ms. Kitchell wrote. “Therefore, enforcement decisions are made on a case-by-case basis, considering the specific circumstances of each incident.”
Francis Bock, who is assigned to Accabonac Harbor as a member of the trustees, said Ms. Crain’s dock was once a permitted floating dock. Floating docks are put out during the summer months and removed at the end of the season. Their temporary nature could make them less appealing to ospreys, who arrive in mid-March to begin scoping out nesting sites.
Three years ago, when Ms. Crain attempted to legalize the dock, the trustees became aware, through aerial photos, that before her purchase of the property the dock had been illegally expanded. It is no longer simply a floating dock, but a permanent structure. The trustees asked her to return it to a floating dock. Through negotiations, the dock was moved to a different part of her property, but it’s a permanent dock.
Ms. Crain apparently did not contact the D.E.C. to report this year’s nesting activity.
“D.E.C. has no record of the property owner reaching out this year but staff did advise the homeowner of bird protections last year,” a spokesperson said. “D.E.C. will continue working with U.S.F.W.S. to help ensure owners of properties with protected species are aware of and complying with requirements for birds protected by the Migratory Bird Treaty Act.”
Despite the lack of strong action by the D.E.C. or Fish and Wildlife, there could be a happy ending for the amorous ospreys. Mark Abramson, the assistant environmental protection director in the town’s Natural Resources Department, said Tuesday that the department has plans to erect a pole. The trustees have enough in their budget for a platform, and the town has a locust pole available.
Not for this nesting season though. “As of right now, there is a nest there, so we don’t want to disturb them while they’re nesting,” Mr. Abramson said.
