Hey all,


Ethical issues are most commonly overlooked in the quest for
information and scientifc endevour. The research I have done for the
last 7 years here in central  and western Cape York, northern
Australia indicates there is widespread concern about all types of
researchers  acting  unethically. Primarily the lack of collaborative
research  arrangements that are equitable,  just and fair (which
commonly results in researchers trying  to extract  local knowledge
from one paradigm to inform another) is continually raised as a major
issue.  To most this represents just another layer in the process of
ongoing colonisation, being an outside -in or top-down approach.   I
personally believe that in northern Australia  we all  have
responsibilities to move forward and deconstruct these processes, not
add to them.

   I have also been working with northern Kaanju people  from Central
cape York, northern Australia, who have developed research protocols
based on indigenous governance rather than using some externally
applied set of ethics developed from a different world view.  For
those interested the northern kaanju web site is at
www.kaanjungaachi.com.au. (Those of you on a Mac might have to enter
through the" back door" ie via credits rather than the links on the
home page). John, these research protocols, although not specifically
ornithological,  may be of interest, however they  are available on
request by email only via the web site.

cheers
   Nick Smith

Evening, eastern Pennsylvania, USA, 10:15pm 5/31/06, Everyone,

This is a lovely little forum, and needed! I found out about it on
BIRDCHAT here. I am learning a lot!!

One of the things I'm learning is the seriousness, delicacy,
sensitivity, and lack of one concrete truth to the issues- like in all
science.

The current issue at hand is very delicate. I too confess no abundant
knowledge or bold opinion.

But maybe both sides are not as far apart as it may seem. Nobody wants
an endangered bird to go extinct, or a common birds to become
imperiled. First Americans would be the last to want this to happen.
Nobody also wants indigenous cultures to suffer the same fate.
Alright, albeit there are those that simply don't care, or even are
destructive toward conspecifics (other humans) and other animals.

The "right" view may be, and I put it out for forum critique, is that
future generations of hominids, other families, and cultures should
have a chance through trying to achieve ecological balance. First and
foremost in that process is controlling our numbers and consumption. I
see all other worldly problems as symptons of sustainability problems.
But that is off-topic.

We can continue to tear ourselves apart, or cooperate as best we can
to achieve the best possible for everyone.

Here's another reference:

Broughton, J. M. 2004. Prehistoric human impacts on California birds:
evidence from the Emeryville Shellmound avifauna. AOU Ornithological
Monographs No. 56.

According to this, prehistoric Holocene First American foragers had a
fundemental influence on the avian community composition of the San
Fransisco Bay, simply by surviving as part of the community
themselves. Today, just by EXISTING an individual is at least a little
part of the sustainability problem, depending on their habits, because
they consume. Our job is to REDUCE that cost as much as possible (for
eg., I use few fossil fuels). But we can learn a lot from the more
aboriginal peoples, the First Ecologists.

I rambled on and got opinionated like I hoped I would not. I apologize
if I angered anyone. And this is my second post in 2 days: I better
wait till next week now. Sorry.

Grant
buteogs_surnia@...

Dear all,

Further to the earlier post by Grant Stevenson and recent prosecutions
in Wyoming as reported in the American press, I'd like to post the
following links to some papers and statements relating to the current
use by American Indian nations of birds in ceremonial and religious
practices.

I haven't fully examined all of these papers and distribute these
links in the hope that someone with closer connections to these
issues and disputes may have an up-to-date and more informed view than
me. The papers cover both sides of what appears to be a rather
acrimonious dispute.

Firstly, a link to an article by Ted Williams from Audubon magazine
and published online in Audubon Incite:
http://magazine.audubon.org/incite/incite0103.html.

This article seems to have caused a furore, not least in the Hopi
Indian nation. Jason Spaulding responded to Ted Williams'
Audubon piece at: http://www.certain-natl.org/audubonresponse.html and
the Hopi Nation  made an official at:
http://www.certain-natl.org/hopistatement.html.

The anthropologist and veterinarian Elizabeth Attwood Lawrence of
Tufts University (now sadly passed away) published a thoughtful piece
("The Symbolic Role of Animals in the Plains Indian Sun Dance")in
Society & Animals, the  Journal of Human-Animal Studies, Vol. 1 No. 1
in which she discusses Eagle Symbolism, among other aspects of
American Indian religious practice. See:
http://www.psyeta.org/sa/sa1.1/lawrence.html

Finally, there are three articles from the Michigan State University
College of Law, Animal Legal & Historical Web Center that examine
legal cases and issues arising from American Indian bird use.

Rebecca F. Wisch's paper "Detailed Discussion of the Bald and Golden
Eagle Protection Act" contains a very useful analysis of criminal
prosecutions under this legislation and of how Indian nations
have maintained their traditional uses despite the barriers that the
BGEPA Act places in the way. See:
http://www.animallaw.info/articles/ddusbgepa.htm.

Tina S. Boradiansky's 1990 article, "Conflicting Values: The Religious
Killing of Federally Protected Wildlife", published by the University
of New Mexico School of Law provides a thoughtful consideration of the
interactions between the Migratory Bird Treaty Act, the Bald Eagle
Protection Act, the The Endangered Species Act and American Indian
Treaty rights and the development of a doctrine known as the "higher
centrality standard" in Indian free exercise (of religion)cases. See:
http://www.animallaw.info/articles/arus30nrj709.htm

Finally, in "Access to Eagles and Eagle Parts: Environmental
Protection v. Native American Free Exercise of Religion", Antonia M.
DeMeo in her 1995 article published in the Hastings Constitutional Law
Quarterly considers many of the issues discussed by Boradiansky and
Wisch and in addition examines the issue of Federal Permits to take
Eagles and also the proposed Native American Free Exercise of Religion
Act. See: http://www.animallaw.info/articles/ar22hstclq771.htm.

I cannot provide any further commentary at this time but it would be
interesting to hear of any more recent news in these issues,
particularly as it seems that the issue is still a live one today, in
light of the current prosecution in Wyoming.

These cases and articles might also be useful in an analysis of the
relationships between endangered and migratory species law (national
and international), traditional indigenous practices and public debate
elsewhere.

Cheers, enjoy and be stimulated to respond or conduct your own research!

Robert Gosford
ERSG moderator

Andian Condor and Shamanism, http://kondor.de/indexe.html, The Eagle
-Dance of western North America, www.thewildrose.net/eagle_dance.html,
and www.inquiry.net/outdoor/native/dance/eagle_tesuque.htm. Not
related to birds, but ethnobotony, using native knowledge in the
Amazon rainforest, www.theshamansapprentice.org, to train grad.
students about alternative medicine, maybe a person with the
ethnoornithology program can approach them about including native
knowledge about birds so to benefit the Brasil Country Program,
Brazil's Birdlife International partner.

Grant Stevenson
Bethlehem, Pennsylvania, U.S.A.
610-867-2862
buteogs_surnia@...
PAHawkowl: http://pahawkowl.livejournal.com

Hello,

This email message is a notification to let you know that
a file has been uploaded to the Files area of the Ethnoornithology
group.

   File        : /MaoriCustomaryUseSummary.pdf
   Uploaded by : robert_gosford <kamibob1@...>
   Description : MAORI CUSTOMARY USE of BIRDS etc - summary

You can access this file at the URL

http://uk.groups.yahoo.com/group/Ethnoornithology/files/MaoriCustomaryUseSummary\
.pdf

To learn more about file sharing for your group, please visit

http://help.yahoo.com/help/uk/groups/files

Regards,

robert_gosford <kamibob1@...>

Dear all,

Further to the previous message I neglected to send the following
additional material.

I also note that there is a National Eagle Repository (Repository),
located at Rocky Mountain Arsenal northeast of Denver, Colorado. Its
mission is to provide a central location for the receipt, storage, and
distribution of bald and golden eagles that are found dead, and their
parts. The eagles, and their parts, are shipped to Native Americans
who are enrolled in Federally recognized tribes, for use in religious
and cultural ceremonies. Further to this, there are reports of a
substantial backlog in the supply of eagle parts. As reported on
INDIANZCOM - "More than 4,000 Native Americans are waiting for eagles
and eagle feather parts, a federal government employee said at a court
hearing on Tuesday.

Bernadette Atencio works at the National Eagle Repository, part of the
U.S. Fish and Wildlife Service. She said the waiting period for an
immature golden eagle is about four years and about two years for a
bald eagle. The Casper Star-Tribune reported.

She said the requests pile up because repository doesn't receive many
eagles. Those that are received are often in poor condition, she said.
The backlog will take years and years to resolve.", see:
http://www.indianz.com/News/2006/014117.asp for this and other stories.

I would be interested in hearing of similar prosecutions and cases
from other jurisdictions.

Those interested in this and other matters related to wild birds
should look at the Michigan State University College of Law: Animal
Legal & Historical Web Center at: http://www.animallaw.info/. See in
particular the article "Detailed Discussion of the Bald and Golden
Eagle Protection Act", by Rebecca F. Wisch, Animal Law Legal and
Historical Web Center, (2002)published by the Michigan State
University College of Law.

Cheers,

Robert Gosford
ERSG Moderator

Dear all,

I found this interesting case report from the Virginia Court of
Appeals that I found while researching a current court case in Wyoming
on a similar matter on which I will report at a later date.

I would be interested in hearing of similar prosecutions and cases
from elsewhere.

Those interested in this and other matters related to wild birds
should look at the Michigan State University College of Law: Animal
Legal & Historical Web Center at: http://www.animallaw.info/.


Virginia Court of Appeals

Horen v. Commonwealth
Virginia
479 S.E. 2d 553 (Va. 997)
Case Details

Summary:   Native American medicine woman and her husband convicted of
illegally possessing wild bird feathers in violation of Virginia
statute.  The Virginia Court of Appeals held that the statute violates
RFRA because it does not provide a scheme to possess feathers for
religious purposes, as it does for other purposes.  Thus, the statute
was not religiously neutral because it discriminated based on content.
  The state did not employ the least restrictive means in advancing its
compelling interest.  For further discussion on the federal Bald and
Golden Eagle Protection Act, see Detailed Discussion of Eagle Act.

Judge Moon, Chief Judge delivered the opinion of the court.


Opinion of the Court:

Timothy Horen and Diane Horen were convicted of possession of wild
bird feathers and parts in violation of Code § 29.1-521(A)(10). [FN1]
The dispositive question is whether the application of Code §
29.1-521(A)(10) to prohibit the possession of lawfully obtained owl
feathers for the practice of the Horens' Native American religion
violates their constitutional right to the free exercise of religion.

FN1. Code § 29.1-521(A)(10) in relevant part makes it a Class three
misdemeanor for any person to "possess ... at any time or in any
manner, any wild bird ... or any part thereof, except as specifically
permitted by law and only by the manner or means and within the
numbers stated." The term "wild birds" is not defined in the Virginia
Code; however, "all species of wild birds" are included within the
definition of "wildlife" in Title 29.1.

We find that Code § 29.1-521(A)(10) is not a religiously neutral
statute, that it substantially burdens the free exercise of the
Horens' religion, and that the Commonwealth failed to prove that
application of it to the Horens advances a compelling state interest
or does so in the least restrictive manner. Therefore, we hold that
under the facts and circumstances of this case the application of Code
§ 29.1-521(A)(10) to the Horens violates their constitutional right to
the free exercise of their religion and their rights under the
Religious Freedom Restoration Act.

On February 10, 1995, responding to an anonymous complaint that the
Horens had hybrid wolf pups and wild bird parts at their residence,
Officer Steve Bullman, a State Game Warden, and Officer Bill Parker
conducted an undercover investigation. Bullman and Parker, dressed in
plain clothes, approached Mrs. Horen, a Native American medicine woman
and member of the Southeastern Cherokee Confederacy, at her home and
pretended to be interested in purchasing wolf pups. Mrs. Horen
explained that she did not have any pups at present but that she would
take the gentlemen's addresses and phone numbers and contact them when
she did.

Bullman and Parker accompanied Mrs. Horen into her home. Inside, they
observed a variety of Native American objects which had adorning
feathers. The officers also observed two sets of wings and two sets of
bird feet, later identified as owl feet and wings. Subsequently, these
items were seized, and the Horens were charged with violations of Code
§ 29.1-521(A)(10).

The circuit court held a pretrial evidentiary hearing on the Horens'
motions to dismiss the indictments on free exercise and other
constitutional grounds. The Horens produced evidence regarding the
significance of the owl feathers in the practice of their Native
American religion. In addition to the Horens' testimony, George
Branham Whitewolf also testified on the Horens' behalf. Whitewolf
identified himself as a Lakota, or Sioux, Indian. He testified that he
is the spiritual leader for the Monocan Tribe in Virginia and that he
has practiced the Native American religion for forty-eight years.
Whitewolf indicated that he has been a Native American religion
advisor for the Virginia prison system and was appointed by President
Clinton to serve as a religious advisor to a committee to rewrite the
Native American Religious Freedom Act.

The Horens and Whitewolf testified that feathers and other bird parts
are significant objects in the Native American religion because they
represent the spirit of the bird from which they come. Mrs. Horen
testified that certain essentials of the Native American religion,
such as prayer, cleansing, purification, consecration and healing
practices require feathers or other bird parts. Whitewolf testified
that "Mrs. Horen's religious beliefs are consistent with the Native
American religion. Different feathers mean different things to
different tribes. For example, I wouldn't touch an owl feather. To me
an owl is a symbol of death, and I wouldn't want anything to do with
an owl. But in other tribes, the owl is revered. The feathers are a
must for Indians." Mrs. Horen testified that owl feathers are of
special significance to her tribe and that because they are the
feathers of soaring birds, "they carry prayers to the Creator; as
night hunters, they fly noiselessly and see well in the dark; and as
night messengers of death, their feathers are strong medicine."

Whitewolf also testified that the Horens could not get a permit to
have feathers because the Horens are not members of a federally
recognized tribe. Whitewolf explained that there is a feather bank in
Colorado which is supposed to be the only place to obtain feathers and
that he is one of only one hundred and twenty people who are not
members of federally recognized tribes that have permits to have
feathers. Whitewolf stated that he acquired his permit before the
federal government decided to limit permits to people who belong to a
federally recognized tribe. [FN2]

FN2. See also United States v. Abeyta, 632 F.Supp. 1301, 1302-04
(D.N.M.1986).

Mr. Horen testified that the owl is a bird revered by the Iroquois
from whom the Horens are descended. Mr. Horen also testified that they
do not believe in killing these birds because this would dishonor the
Creator. Mr. Horen explained he believes that if you find a feather it
is a gift from the Creator and before picking up the feather you must
perform a ceremony indicating your respect. Mr. Horen stated that the
feathers and owl parts seized from his home were from two dead owls he
discovered along roadsides and that he and his family found some of
the feathers while walking in the woods.

The Horens' motions to dismiss on free exercise, free speech, equal
protection, and due process grounds were denied. In denying the
motions, the trial court stated its belief that the protection of fowl
was a compelling governmental interest and that the imposition of a
Class three misdemeanor for mere possession was the least restrictive
means of accomplishing this goal. The court also refused to permit the
Horens to present evidence about the religious significance of their
possession of the seized items. The Horens were permitted to put on
the record in restricted form a statement that the items seized had
religious significance. However, they were not allowed to explain the
religious significance of the seized items. The circuit court also
refused to give the Horens' proposed jury instructions elaborating on
federal and state constitutional and statutory defenses.

Free Exercise

The Free Exercise Clause of the United States Constitution, Article I,
U.S. Const. amend. I, the Constitution of Virginia, Va. Const., art.
I, § 16, and the Religious Freedom Restoration Act of 1993, 42 U.S.C.
§ 2000bb(b)(2) (1994), prohibit state imposition of substantial
burdens on the exercise of religion unless the state advances a
compelling government interest which is furthered in the least
restrictive manner.

In Employment Division, Department of Human Resources of Oregon v.
Smith, 494 U.S. 872, 110 S.Ct. 1595, 108 L.Ed.2d 876 (1990), the
United States Supreme Court found that a religiously neutral law of
general application that substantially burdens the free exercise of
religion will survive free exercise challenge where the law rationally
advances a legitimate state interest. However, where a law that
substantially burdens the free exercise of religion is not "neutral,"
the government must prove that the law is necessary to advance a
compelling government interest and does so in the least restrictive
manner. Sherbert v. Verner, 374 U.S. 398, 83 S.Ct. 1790, 10 L.Ed.2d
965 (1963); Wisconsin v. Yoder, 406 U.S. 205, 92 S.Ct. 1526, 32
L.Ed.2d 15 (1972).

We find that Code § 29.1-521(A)(10) is not a religiously neutral law.
In relevant part, Code § 29.1-521(A)(10) makes it a class three
misdemeanor for any person to "possess ... at any time or in any
manner, any wild bird ... or any part thereof, except as specifically
permitted by law and only by the manner or means and within the
numbers stated." (Emphasis added). Possession of owl feathers is
permitted under Virginia law by taxidermists, academics, researchers,
museums, and educational institutions. See Code §§ 29.1-415 through
29.1-422. Further, federal law specifically allows for the possession
and use of eagle feathers in the Native American religion. See 50
C.F.R. § 22.22 (1984). However, at the time of trial there was no
specific exception for the possession of owl feathers for religious
use under either Code § 29.1-521(A)(10) or under federal law. [FN3]
Consequently, while allowing for a variety of legitimate secular uses
of owl feathers, Code § 29.1-521(A)(10) inexplicably denies an
exception for bona fide religious uses and thereby draws specific
subject matter distinctions in regulating the use of feathers.

FN3. Federal law did provide for the possession of eagle feathers for
religious purposes. 50 C.F.R. § 22.22 (1984). However, appellants'
expert testified that because appellants' Native American heritage was
from a tribe not federally recognized, he did not believe they would
qualify for even this type of permit. See 50 C.F.R. § 22.22(a)(3), (5)
(1983); 50 Fed.Reg. 39,047 (September 26, 1985); 50 C.F.R. §§ 10.13,
13.12(b) (1985); 50 C.F.R. 21.11-21.41 (1989).

Where the state creates a mechanism for legitimate individualized
exceptions but fails to include religious uses among these legitimate
exceptions, discriminatory intent may be inferred. Ballweg v. Crowder
Contracting Co., 247 Va. 205, 212-13, 440 S.E.2d 613, 618 (1994).
Failure to make allowance for bona fide religious uses "tends to
exhibit hostility, not neutrality, towards religion...." Bowen v. Roy,
476 U.S. 693, 106 S.Ct. 2147, 90 L.Ed.2d 735 (1986); Ballweg, 247 Va.
at 213, 440 S.E.2d at 618. In Church of the Lukumi Babalu Aye, Inc. v.
City of Hialeah, the United States Supreme Court found that "[t]he
Free Exercise Clause 'protect [s] religious observers against unequal
treatment.' " 508 U.S. 520, 542, 113 S.Ct. 2217, 2232, 124 L.Ed.2d 472
(1993). Accordingly, the Court held that because the city ordinance
made exceptions for other religiously and secularly motivated animal
killings, it could not be characterized as a law of neutral
applicability. 508 U.S. at 542-43, 113 S.Ct. at 2232. Like the
ordinance in Hialeah, Code § 29.1-521(A)(10) makes exceptions for some
uses while excluding bona fide religious uses and therefore is not a
religiously neutral statute. Consequently, Code § 29.1- 521(A)(10)
must be examined under the "compelling interest" test as set forth in
Sherbert. Finding that Code § 29.1-521(A)(10) is not a religiously
neutral statute and therefore must pass the compelling interest test,
we do not reach the issue of whether this case involves an instance in
which the burdening of the free exercise of religion is coupled with
the burdening of another constitutionally protected right.

Even if we were to find that Code § 29.1-521(A)(10) was a neutral law
of general applicability, application of the compelling interest test
would nonetheless be required under the Religious Freedom Restoration
Act, 42 U.S.C. § 2000bb(b)(2) (1994) (hereinafter "RFRA"). Responding
to Smith, Congress passed the RFRA in 1993. The RFRA was designed to
"restore the compelling state interest test ... and to guarantee its
application in all cases where free exercise of religion is
substantially burdened." Id. at § (b)(1).

The RFRA provides:

(a) IN GENERAL--Government shall not substantially burden a person's
exercise of religion even if the burden results from a rule of general
applicability, except as provided in subsection (b).

b) EXCEPTION--Government may substantially burden a person's exercise
of religion only if it demonstrates that application of the burden to
the person--

(i) is in furtherance of a compelling government interest; and

(ii) is the least restrictive means of furthering that compelling
governmental interest.

42 U.S.C. § 2000bb-1 (1994). Accordingly, to prevail on a RFRA defense
to a law of general applicability, a person must first establish that
their exercise of religion has been substantially burdened. The
"burdens of going forward with the evidence and of persuasion" then
shift to the government to prove that application of the general law
to the person furthers a compelling government purpose and is the
least restrictive means of furthering that purpose. 42 U.S.C. §
2000bb-2(3).

Substantial Burden

Before applying the compelling interest test, it is necessary under
both the Free Exercise Clause and the RFRA to address the threshold
question of whether the Horens have proven that Code §
29.1-521(A)(10), as applied to the Horens, "substantially burdens" the
free exercise of their religion. [FN4] A substantial burden is imposed
on the free exercise of religion where governmental action compels a
party to affirm a belief they do not hold, discriminates on the basis
of religious beliefs, inhibits the dissemination of particular
religious beliefs, or compels a party to forgo their religious
practices. Battles v. Anne Arundel County Board of Educ., 904 F.Supp.
471, 476-77 (D.Md.1995); cf. Ballweg v. Crowder Contracting Co., 247
Va. 205, 209-11, 440 S.E.2d 613, 616-17 (1994). In Ballweg, the
Virginia Supreme Court held that government action which resulted in a
person having to choose between employment and practice of their
religion constituted a substantial burden. 247 Va. at 213-14, 440
S.E.2d at 618.

FN4. The Commonwealth did not challenge appellants' professed
convictions of faith. Nonetheless, the showing necessary for a
religious belief to be considered genuine is a minimal one. See, e.g.,
Hernandez v. Commissioner, 490 U.S. 680, 699, 109 S.Ct. 2136, 2148,
104 L.Ed.2d 766 (1989) ("It is not within the judicial ken to question
the centrality of particular beliefs or practices to a faith, or the
validity of particular litigants' interpretation of those creeds");
Thomas v. Review Bd., 450 U.S. 707, 714, 101 S.Ct. 1425, 1430, 67
L.Ed.2d 624 (1981) ("[R]eligious beliefs need not be acceptable,
logical, consistent, or comprehensible to others in order to merit
First Amendment protection").

Here, the Horens introduced uncontested evidence that their possession
and use of owl feathers was pursuant to sincerely-held religious
beliefs. See supra note 4. The Commonwealth did not contest at trial
the evidence of the impact of Code § 29.1-521(A)(10) on the Horens'
exercise of their religion. The Commonwealth argues for the first time
on brief that the impact was not substantial. We read the trial
court's decision as finding that the Horens held sincere beliefs, that
the law had a substantial impact on the exercise of their religion,
but that a compelling state interest justified the impact.

The Horens and their expert, Whitewolf, presented substantial evidence
that: (1) the use of feathers is necessary to certain essentials of
the Native American religion, such as prayer, cleansing, purification,
consecration and healing practices; (2) the owl is revered among the
Horens' tribal ancestors and has special religious significance; and
(3) owl feathers are of special religious significance to the Horens'
tribe because they assist in carrying the Horens' prayers to the
creator. Mrs. Horen further testified that:

I practice the Native American religion.... I am a member of the Otter
Band of the tribe and a medicine woman. I had these feathers to
practice my religion. Feathers are very significant in the Native
American religion. I believe that, when you find a feather, it is a
gift from the Creator to you. We honor the Creator by using these
feathers when we pray. [Owl] feathers are particularly significant
because they are soaring birds and, when we pray, the spirit of these
birds carry our prayers higher to the Creator. Owl feathers are very
strong medicine. The owl is a messenger and symbolizes death and
wisdom. We use feathers to smudge with and for healing. Being a
medicine woman, I need these things.

The Horens also introduced uncontested evidence of the impact of Code
§ 29.1-521(A)(10) on their practice of their Native American religion.
The Horens described the various items seized from their home and the
religious significance of each item. These items included the Horens'
dream catcher, which Mrs. Horen testified is used to catch bad dreams
and thoughts and "[t]he feathers attached to it carry the good dreams
and thoughts to the Creator." The Horens' owl wings, which Mrs. Horen
testified are used to honor the Creator and smudge smoke over
religious items and the sick, were also taken. Mr. Horen's prayer
rattle was also seized. After describing the religious import of these
items, Mrs. Horen offered the following testimony regarding the impact
of the state's action:

I feel like my home has been raped. I can't very well be a medicine
person for my tribe without my medicine. It's not the same when I pray
anymore. I know in my heart that the Creator hears me, but I know my
prayers aren't carried as high. It has affected my relationship with
my family and the Creator and my tribe.

While the Horens' religious artifacts may not be commonplace, they
are, according to the evidence, akin to the Bible, crosses and
Madonnas that are hallmarks of the Christian faith. Dispossessing a
family of such items would likely be viewed as substantial
interference with the exercise of their Christian faith. Here, like
the situation in Ballweg, the state's action forced the Horens "to
choose between fidelity to religious belief and [punishment] and
thereby 'bring[s] unlawful coercion to bear on the[ir] choice.' " 247
Va. at 213-14, 440 S.E.2d at 618 (quoting Frazee v. Illinois Dept. of
Employment Sec., 489 U.S. 829, 832, 109 S.Ct. 1514, 1517, 103 L.Ed.2d
914 (1989)). Consequently, we find that Code § 29.1-521(A)(10) imposes
a substantial burden on the Horens' free exercise of their Native
American religion.

Compelling State Interest

Having found a substantial burden on the Horens' free exercise of
their religion, we must next consider whether the Commonwealth met its
burden of proving a compelling state interest, as required under both
the Free Exercise Clause and the RFRA. As noted previously, the RFRA
incorporates the compelling interest test as applied under the Free
Exercise Clause and as articulated in Sherbert:

It is basic that no showing merely of a rational relationship to some
colorable state interest [will] suffice; in this highly sensitive
constitutional area, only the gravest abuses, endangering paramount
interests, give occasion for permissible limitation.

374 U.S. at 406, 83 S.Ct. at 1795, 42, U.S.C. § 2000bb(b)(1).

The Commonwealth's interests in the protection of wild birds generally
and owls specifically are obviously important. However, the
Commonwealth has not established that application of Code §
29.1-521(A)(10) to the Horens furthers any compelling state interest.
Appellee asserted and the trial court found that the compelling state
interest served by Code § 29.1-521(A)(10) is protection and
preservation of wild birds. Here, the Horens use stray feathers or the
feathers of dead owls in their preparation of religious items. The
Commonwealth presented no evidence to suggest that the Commonwealth's
interest in preserving and protecting wild birds is in any way
advanced by prohibiting the Horens' bona fide religious uses of owl
feathers.

Other jurisdictions considering this matter have generally required
that the state must introduce evidence that the animal protected by
state law is "endangered" or at least threatened. See United States v.
Jim, 888 F.Supp. 1058 (D.Ore.1995) (holding that criminal sanctions
for killing eagles advanced a compelling state interest given proof
that the eagles were threatened); United States v. Billie, 667 F.Supp.
1485 (S.D.Fla.1987) (holding criminal sanctions for killing panthers
advanced a compelling state interest given proof that the panthers
were endangered); United States v. Abeyta, 632 F.Supp. 1301, 1307
(D.N.M.1986). In Abeyta, the court found that prosecution under the
Eagle Protection Act, 16 U.S.C. § 668 et seq. (1940), of a Native
American for killing a golden eagle violated his First Amendment
rights. Id. The court concluded that "[t]he Golden Eagle is not an
endangered species. The uncontradicted testimony at trial established
that some eagles could be taken without harmful impact on the
remaining population. The government's conservation interests
therefore are not compelling and cannot warrant a constriction of
Indian religious liberty." Id.

Abeyta presents a more precise tension between the religious exercise
involved and the state's interest than is presented in this case. The
Commonwealth produced no evidence establishing how preventing the
Horens from collecting and possessing found feathers or feathers from
dead owls serves the state's goal of preserving wild birds.
Accordingly, based on the evidence presented, we find that the
Commonwealth failed to meet its burden of proving a compelling state
interest.

Least Restrictive Means

Assuming, arguendo, that we found that application of Code §
29.1-521(A)(10) to the Horens furthered a compelling interest of the
Commonwealth, such application would nonetheless violate the Horens'
Free Exercise and RFRA rights because it is not the least restrictive
means of furthering the Commonwealth's interest. Here, the circuit
court considered only whether the Class three misdemeanor penalties
for possession, when viewed in the context of the state's Class one
misdemeanor penalties for the killing of or trafficking in owls and
owl parts, constituted the "least restrictive" means of furthering the
state's interests. Such "relative penalty" analysis does not address
whether this law is the least restrictive means of accomplishing the
state's purpose. The variety of permits and exemptions made for
secular purposes could easily have included permits for the use of
legally obtained owl feathers or parts for religious purposes. Such an
exception would broaden little, if at all, the scope of the present
use exceptions. Further, as noted earlier, no evidence was introduced
which suggested that allowing the Horens to obtain permits for their
bona fide religious uses of owl feathers would to any degree impede
the effectiveness of the Commonwealth's preservation and protection
efforts.

Having found that Code § 29.1-521(A)(10) is not a religiously neutral
statute, that it substantially burdens the free exercise of the
Horens' religion, and that application of it to the Horens does not
further a compelling state interest nor does so in the least
restrictive manner, we reverse the Horens' convictions. Further, in
light of our holding in this matter, we need not reach the issues of:
(1) whether the trial court erred in refusing to instruct the jury on
the statutory phrase "except as specifically permitted by law" as an
element of the offense; (2) whether the court erred in failing to
adopt a limiting construction of Code § 29.1-521(A)(10) or to instruct
the jury on scienter or knowledge as a necessary element for
conviction under statutes imposing affirmative obligations or
burdening fundamental rights; or (3) whether the Horens' equal
protection and free speech rights were violated.

Reversed and dismissed.

Va.App.,1997.

Sounds very similar to the plight of the Grasshopper
Sparrow.


__________________________________________________
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Dear Ben

I would like to request a pre-print copy of your article, it sounds
really interesting. I have done my doctoral thesis with traditional
knowledge on habitat management to benefit an endangered species in
Mexico. The habitat is a tall grasland; the bird, an sparrow; the
practice is use of fire. I have interesting histories to tell based on
people's knowledge, perceptions and beleives.

I am defending soon, so papers are in process, but I am willing to
share as well.

Hope you are fine.

Leonardo Cabrera
McGill University,
Montreal, Canada.


Quoting "zz Leese, Benjamin" <BLeese@...>:

> Hello all,
>     I have two articles coming out this year that might be of
> interest to the woodpecker discussion.  One will appear in the Ohio
> Cardinal and will discuss early uses tangentially.  A more in depth
> analysis will appear in The Passenger Pigeon this fall.  That article
> will include tables listing descriptions and whereabouts for pipes and
> other artifacts with Ivory-billed Woodpecker heads on them among the
> Great Lakes and Plains tribes.  It will also include a number of folk
> lore references.  I'd be happy to send a pre-print copy of either if
> you are interested.  Also, check into the work of Alex Barker at the
> Milwaukee Public Museum.  he has done good work on the uses of the
> south eastern tribes.  I hope this helps.  Peace, Ben
>
> Ben Leese
> temporarily of Oshkosh, Wisconsin
>
> ________________________________
>
> From: Ethnoornithology@... on behalf of Steve Shunk
> Sent: Tue 5/30/2006 12:06 PM
> To: Ethnoornithology@...
> Subject: [Ethnoornithology] Woodpecker folklore - global interest
>
> Hello all,
> Thanks to Prashanth for digging deeper into the scope of my interest
> in woodpecker lore. I am writing a book on North American
> woodpeckers, but I am doing a chapter on folklore and human "uses"
> and will include info from across the globe. I would be delighted to
> hear woodpecker stories from all regions. Let me know also if there
> are certain key references I can look for online or in the larger
> libraries here.
>
> Thanks again,
> Steve Shunk
>
> --
> Stephen Shunk, Author
> Peterson Reference Guide to
> Woodpeckers of North America
>
> 541-408-1753
> steve@...
> --
> From: "Prashanth N S" <parrothanging@...>
>
>      Reply-To: Ethnoornithology@...
>      Date: Tue, 30 May 2006 22:25:30 +0530
>      To: <Ethnoornithology@...>
>      Subject: Re: [Ethnoornithology] Woodpecker folklore
>
>      Dear Steve,
>
>      I am working with some tribal people in South India and there
> is a lot of lore on woodpeckers with the tribals here. But, which is
> the geographical area of interest?
>
>      REgards,
>      Prashanth
>
>            ----- Original Message -----
>            From: Steve Shunk <mailto:steve@...>
>            To: Ethnoornithology@...
>            Sent: Tuesday, May 30, 2006 10:55 AM
>            Subject: [Ethnoornithology] Woodpecker folklore
>
>            Hello all,
>            I am in search of information on the use of woodpeckers
> in the rituals
>            and folklore of indigenous peoples. Any and all leads
> would be
>            appreciated.
>            Thanks,
>            Steve Shunk
>            Sisters, OR
>
>            This posting is from the Ethnoornithology Research and
> Study Group (ERSG). To visit your group on the web, go to:
> http://uk.groups.yahoo.com/group/Ethnoornithology/[1]
>
> ________________________________
>
>            Yahoo! Groups Links
>
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>

Hello all,
      I have two articles coming out this year that might be of interest to the
woodpecker discussion.  One will appear in the Ohio Cardinal and will discuss
early uses tangentially.  A more in depth analysis will appear in The Passenger
Pigeon this fall.  That article will include tables listing descriptions and
whereabouts for pipes and other artifacts with Ivory-billed Woodpecker heads on
them among the Great Lakes and Plains tribes.  It will also include a number of
folk lore references.  I'd be happy to send a pre-print copy of either if you
are interested.  Also, check into the work of Alex Barker at the Milwaukee
Public Museum.  he has done good work on the uses of the south eastern tribes. 
I hope this helps.  Peace, Ben

Ben Leese
temporarily of Oshkosh, Wisconsin

________________________________

From: Ethnoornithology@... on behalf of Steve Shunk
Sent: Tue 5/30/2006 12:06 PM
To: Ethnoornithology@...
Subject: [Ethnoornithology] Woodpecker folklore - global interest


Hello all,
Thanks to Prashanth for digging deeper into the scope of my interest in
woodpecker lore. I am writing a book on North American woodpeckers, but I am
doing a chapter on folklore and human "uses" and will include info from across
the globe. I would be delighted to hear woodpecker stories from all regions. Let
me know also if there are certain key references I can look for online or in the
larger libraries here.

Thanks again,
Steve Shunk



--
Stephen Shunk, Author
Peterson Reference Guide to
Woodpeckers of North America

541-408-1753
steve@...
--
From: "Prashanth N S" <parrothanging@...>


	 Reply-To: Ethnoornithology@...
	 Date: Tue, 30 May 2006 22:25:30 +0530
	 To: <Ethnoornithology@...>
	 Subject: Re: [Ethnoornithology] Woodpecker folklore




	 Dear Steve,

	 I am working with some tribal people in South India and there is a lot of lore
on woodpeckers with the tribals here. But, which is the geographical area of
interest?

	 REgards,
	 Prashanth


		 ----- Original Message -----
		 From: Steve Shunk <mailto:steve@...>
		 To: Ethnoornithology@...
		 Sent: Tuesday, May 30, 2006 10:55 AM
		 Subject: [Ethnoornithology] Woodpecker folklore

		 Hello all,
		 I am in search of information on the use of woodpeckers in the rituals
		 and folklore of indigenous peoples. Any and all leads would be
		 appreciated.
		 Thanks,
		 Steve Shunk
		 Sisters, OR






		 This posting is from the Ethnoornithology Research and Study Group (ERSG). To
visit your group on the web, go to:
http://uk.groups.yahoo.com/group/Ethnoornithology/



________________________________


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<http://uk.docs.yahoo.com/info/terms.html> .






This posting is from the Ethnoornithology Research and Study Group (ERSG). To
visit your group on the web, go to:
http://uk.groups.yahoo.com/group/Ethnoornithology/



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Reply-To: Ethnoornithology@...
Date: Tue, 30 May 2006 22:25:30 +0530
To: <Ethnoornithology@...>
Subject: Re: [Ethnoornithology] Woodpecker folklore

Dear Steve,

I am working with some tribal people in South India and there is a lot of lore on woodpeckers with the tribals here. But, which is the geographical area of interest?

REgards,
Prashanth

----- Original Message -----
From: Steve Shunk <mailto:steve@...>  
To: Ethnoornithology@...
Sent: Tuesday, May 30, 2006 10:55 AM
Subject: [Ethnoornithology] Woodpecker folklore

Hello all,
I am in search of information on the use of woodpeckers in the rituals
and folklore of indigenous peoples. Any and all leads would be
appreciated.
Thanks,
Steve Shunk
Sisters, OR






This posting is from the Ethnoornithology Research and Study Group (ERSG). To visit your group on the web, go to: http://uk.groups.yahoo.com/group/Ethnoornithology/

---

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• Your use of Yahoo! Groups is subject to the Yahoo! Terms of Service <http://uk.docs.yahoo.com/info/terms.html> .
  

----- Original Message -----

From: Steve Shunk

To: Ethnoornithology@...

Sent: Tuesday, May 30, 2006 10:55 AM

Subject: [Ethnoornithology] Woodpecker folklore

Hello all,
I am in search of information on the use of woodpeckers in the rituals
and folklore of indigenous peoples. Any and all leads would be
appreciated.
Thanks,
Steve Shunk
Sisters, OR

Dear all Members,

I find imperative to look for opinions over the
subject above towards building ethical ornithology
nations.This will assist Ethno-ornithological
researchers to carry out their research in accodance
with accepted ethical standards and norms.

Looking forward to hearing from you soon,

Sincerely,



John Wambura
Department of Wildlife
Faculty of Forestry and Nature Conservation
Sokoine University of Agriculture
P.O. Box 3073
Chuo Kikuu
Morogoro
Tanzania
Mobil:0745-457615; Fax: +255 23 2604648; Tel. +255 23 2601376 (office)
Alternative E-mail: mugaboh@...

__________________________________________________
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VIIIth Neotropical Ornithological Congress
Maturín, Venezuela, May 13 – 19, 2007
www.nocvenezuela.org

SECOND CALL FOR PLENARY SPEAKERS - deadline June 15, 2006.-
SYMPOSIA, WORKSHOPS and ROUND-TABLES – deadline July 15, 2006 -

The Neotropical Ornithological Society and the Venezuelan
Ornithologists' Union are pleased to announce the VIIIth Neotropical
Ornithological Congress. The Congress will be held in Maturín, Estado
Monagas, Venezuela, from May 13-19, 2007, and will honor the memory of
William H. Phelps and William H. Phelps Jr, pioneers of Venezuelan
Ornithology. The Co-chairs of the Scientific Program Committee invite
ornithologists working in the Neotropics to submit proposals for
plenary speakers, symposia, workshops and round-tables. Detailed
information on how to submitt your proposal is now available at the
Congress web site: www.nocvenezuela.org, please check the -Call for
Contributions- section.

PLEASE NOTE, the general call for oral communications and posters will
be sent out later in 2006. Submission will take place from AUGUST 15,
2006 TO JANUARY 15, 2007, through the web page of the Congress.

REGISTRATION WILL OPEN AUGUST 15, 2006.

Patricia Escalante
tilmatura@...
President
Neotropical Ornithological Society

Carlos Bosque
carlosb@...
Secretary General
VIII N.O.C., Venezuela

Bienvenidos al VIII Congreso de Ornitología Neotropical

SEGUNDA CONVOCATORIA PARA PONENCIAS MAGISTRALES plazo cierra el 15 de
junio de 2006 - SIMPOSIOS, TALLERES Y MESAS REDONDAS – plazo cierra el
15 de julio de 2006

El Congreso de Ornitología Neotropical (CON), organizado por la
Sociedad de Ornitología Neotropical (SON) se realiza cada cuatro años
en diferentes países de Norte y Latinoamérica. Su objetivo es apoyar
la investigación y la conservación de las aves neotropicales y
contribuir al desarrollo de la ornitología en los países sede. En esta
ocasión, el VIII CON se llevará a cabo en Maturín, Venezuela, del 13
al 19 de mayo de 2007, y será organizado conjuntamente por la SON y la
Unión Venezolana de Ornitólogos (UVO).

Los Co-presidentes del Comité del Programa Científico invitan a los
ornitólogos que trabajan en el Neotrópico a enviar postulaciones para
Conferencistas Magistrales y propuestas para la organización de
Simposios, Talleres y Mesas Redondas. Información detallada acerca de
como enviar su propuesta está disponible en la página web del
Congreso: www.nocvenezuela.org; por favor, consulte la sección –
Llamado a contribuciones -.

ATENCIÓN, la convocatoria de propuestas para comunicaciones orales
libres y carteles se hará posteriormente en el presente año. Los
resúmenes deberán ser enviados a partir del 15 DE AGOSTO DE 2006 Y
HASTA EL 15 DE ENERO DE 2007, a través de la página web del Congreso.

LAS INSCRIPCIONES SE INICIARÁN EL 15 DE AGOSTO DE 2006.

Patricia Escalante
tilmatura@...
Presidenta
Sociedad de Ornitología Neotropical

Carlos Bosque
carlosb@...
Secretario General
VIII C.O.N., Venezuela

Hello all,
I am in search of information on the use of woodpeckers in the rituals
and folklore of indigenous peoples. Any and all leads would be
appreciated.
Thanks,
Steve Shunk
Sisters, OR

Greg,

This site may be of assistance. It has annotated links to 224
resources for about 70 languages and can be found at:
http://www.dnathan.com/VL/.

AusAnthrop (http://www.ausanthrop.net/resources/index.php)might also
be of assistance - you might also contact the linguist David Nash
through his website at: http://www.anu.edu.au/linguistics/nash/.

All of these sites would useful starting points for
ethnoornithological research.

Cheers and good luck Greg - its good to see more Australian
researchers looking at bit more closely at local knowledge and seeing
new ethnoornithological research underway!

Bob Gosford

Hi,

My name is Greg Clancy and I am reseraching the Black-necked Stork in
New South Wales, Australia, as a PhD student with the University of
New England.  This species is often erroneously referred to
as 'Jabiru' in Australia, however the 'Jabiru' is a South American
stork species.  I am keen to receive any information on how indigenous
Australians and storks interacted, local names, hunting techniques etc.

Regards

Greg

Dear ERSG members,

While not strictly on-topic for the ERSG, the Periodicals Service
Company may be of interest to members seeking that 'hard-to-find' copy
of an obscure (or not so obscure) journal or monograph.

The PSC website operates in German, Spanish, French and English and
can be found at: http://www.periodicals.com/e/index.html

The text in quotes is from the PSC website:

"Academic journals, antiquarian backsets, back volumes, back issues
and reprints from Periodicals Service Company  &  Schmidt Periodicals GmbH

Partners with over 40 years experience, we are major reprinters of
academic journals and specialize in the supply of antiquarian
backsets, back volumes and back issues of out-of-print journals and
serials.

Our carefully selected stock of reprints and antiquarian backsets is
the largest in the world. Housed in the USA and Germany, we hold
backstock of journals in the major western languages, some 3.000.000
back volumes covering all subject areas.

Many important publishers rely on us to guarantee their back volumes
and back issues remain available. To view a selective list of
publishers with whom we have stock management and/or reprint
agreements, click here.

Our clients rely on our expertise to complete gaps in their
collections, increase their holdings or replace ageing, worn or
brittle originals with high quality reprints. These clients include:

• Serials and acquisitions librarians responsible for collection
management at universities, research institutes and other major libraries.
• Academics, professors, researchers, scholars and individual collectors.
• International companies, legal firms and government agencies.
• Library suppliers and subscription agents."

Hoping this might be of assistance,

Robert Gosford
ERSG moderator

For the Information of ERSG members - please contact IFS and/or
CODESRIA for further information

Research grant opportunities from IFS and CODESRIA
http://www.ifs.se/index.asp

International Foundation for Science
Closing Date: 30 June 2006

Description

Applications for International Foundation for Science (IFS)
research grants are welcome from young scientists in developing
countries to do research on the sustainable management, use or
conservation of biological or water resources. This broad statement
covers natural science and social science research on agriculture,
soils, animal production, food science, forestry, agroforestry,
aquatic resources, natural products, water resources, etc.

Applications are accepted all year and are to be made on an [
http://www.ifs.se/Forms/list_of_all_forms.asp ] IFS application form.

Eligibility Candidate's for an IFS research grant must be: a citizen
of a developing country; a scientist with at least a Master's or
equivalent degree/research experience; under 40 years of age and at
the beginning of research career; and attached to a university,
national research institution or a research-oriented non-governmental
organisation in a developing country.

Contact details Email: applications@...

kia ora

just to say that I am partucularly interested in Maori knowledge of
New Zealand's birds. Some information I have collected may be found at
http://www.nzbirds.com/birds/maorimyths.html

Hello,

This email message is a notification to let you know that
a file has been uploaded to the Files area of the Ethnoornithology
group.

   File        : /ERSG Newsletter1 June 2006.doc
   Uploaded by : robert_gosford <kamibob1@...>
   Description : ERSG Newsletter June 2006

You can access this file at the URL

http://uk.groups.yahoo.com/group/Ethnoornithology/files/ERSG%20Newsletter1%20Jun\
e%202006.doc

To learn more about file sharing for your group, please visit

http://help.yahoo.com/help/uk/groups/files

Regards,

robert_gosford <kamibob1@...>

Dear all,

Notwithstanding my best intentions to produce an ERSG Newsletter
earlier in the year, I now have a draft ready for distribution and am
making this last minute call for any short notes, news and items of
general interest to our members.

Particularly relevant would be any announcements of Conferences,
meetings, seminars or workshops etc that relate to ethnoornithology or
indigenous knowledge of birds.

I'm also looking for any images(photographs, drawings etc)that I can
incorporate into the Newsletter that either reflect indigenous use or
interest in birds.
Please ensure that any images must be cleared for use - i.e., I must
have permission from the copyright owner/s to publish them in the
Newsletter.

I've been busy out in the field and working on my Masters research and
having returned home from two weeks in central Australia's deserts I'm
keen to get the Newsletter out to you.

If you have any material for the Newsletter please send it to me at
rgosford@... within the next few days and I'll do my best
to fit it in.

Thanks in advance for your assistance,

Robert Gosford
ERSG Moderator

Thank you for your message. Please note that since 25th of April till May 9th I
am out of the office (and in fact on vacations). I will be able to read and
reply e-mails on my way, but please do not count on immediate reply, it may take
a few days.

In case of emergency please contact Konstantin Burdin in WWF Russia office in
Moscow KBurdin@.... If it is really major emergency (hope not) please use my
mobile +7 916 590 55 80. Otherwise I will be able to reply around January 5th
2006.
With best regards,
Lena

Greetings

Ethno-ornithologists may be interested in the following new book:

John Bradley, Miles Holmes, Dinah Norman Marrngawi, Annie Isaac
Karrakayn, Jemima Miller Wuwarlu & Ida Ninganga 2006,
_Yumbulyumbulmantha ki-Awarawu All Kinds of Things from Country:
Yanyuwa Ethnobiological Classification_, (Aboriginal and Torres
Strait Islander Studies Unit,Research Report Series Vol 6), St
Lucia, University of Queensland (ISBN 1-86499-826-1), 174 pages,
illustrated.

I don't know the price, but it can be ordered from the publishers on
the web at: www.atsis.uq.edu.au

The Yanyuwa are an Aboriginal people of the maritime environment of
the Gulf of Carpentaria in the north of Australia.  The book is the
outcome of collaborative work between anthropologists and Yanyuwa
elders.  Bradley has been working with Yanyuwa since the 1980s, and
with the passing of many older Yanyuwa is now one of the few
remaining fluent speakers of the Yanyuwa language.

The book provides a fascinating Yanyuwa perspective on their natural
environment, with particular focus on their classification of plants
and animals.  Birds, of course, figure prominently in this account.

Bradley and Miles develop a theoretical perspective from the Yanyuwa
materials that argues for classification being a contextual act
based on diverse factors, including age, authority, utility,
kinship, ecology, aesthetics, ownership of knowledge, and religion.

Chris Healey
(Resource Management in Asia Pacific Program
Research School of Pacific and Asian Studies
Australian National University)

Dear Ethno-ornithology netters:

I have just uploaded a file on local names for birds in East
Gippsland, southeast Australia.  This is a new interest of mine
(following on from previous ethno-ornithological research in Papua New
Guinea and Indonesia).

Chris Healey
(Resource Management in Asia-Pacific Program
Research School of Pacific & Asian Studies
Australian National University)

Hello,

This email message is a notification to let you know that
a file has been uploaded to the Files area of the Ethnoornithology
group.

   File        : /Kaupapa Kereru overview-web.doc
   Uploaded by : robert_gosford <kamibob1@...>
   Description : Kaupapa Kerer&#363; is an iwi1-lead, community based,
multi-agency project that was set up in 2000 to increase the numbers and range
of kerer&#363; or the New Zealand Native Pigeon on Te Pataka o Rakaihaut&#363; /
Banks Peninsula, Canterbury.

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http://uk.groups.yahoo.com/group/Ethnoornithology/files/Kaupapa%20Kereru%20overv\
iew-web.doc

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Regards,

robert_gosford <kamibob1@...>

Dear Ethno-orners,

Just a quick(?) note as promised. I note the following short items
before I'll get into my trip report:

1 - We had two recent "spam" postings - I have removed the postings
and also removed the address from where the postings came;

2 - My long promised ERSG Newsletter is in preparation - I'll include
all of the various news and items of interest sent to me over the last
few months.

3 - Please send a message via the ERSG group if you have any queries
or if I can be of assistance.

After many hours and miles spent in airplanes over the last six weeks
I am glad to be home and want to post a brief report on my trip. I'll
post more specific items in the near future.

I began by travelling from Australia to Pennsylvania, USA in early
March to attend and present a paper at the 29th annual Society of
Ethnobiology (SoE) conference held between March 8 - 11 at the
Pennsylvania State University. If you are not familiar with the work
of the Society please see it's homepage at
http://www.ethnobiology.org/. The Interinstitutional Consortium for
Indigenous Knowledge is also based at Penn State U - see
http://www.ed.psu.edu/icik/

While in Pennsylvania I was fortunate enough to do several early
morning birdwalks with Eugene Hunn, Eugene Anderson and Cedric Brown
(three eminence grise of American ethnobiology). On the first morning
walk Eugene Hunn introduced me to the Pileated Woodpecker (Dryocopus
pileatus)- a massive and beautiful bird. We also had majestic views of
two large flocks (approx. 150 individuals) of Tundra Geese flying
overhead on the last morning. You can see a (small but interesting)
part of Eugene Anderson's world at his Krazy Kiotri site at
http://www.krazykioti.com/

The conference went well, the highlights for me being the sessions on
Ethnoecology and Preserving Traditional Knowledge and Ethnoecology and
Conservation. The Saturday Field Trip to the MacNeal's Orchards, where
we were shown Maple Syrup production - from extraction from the tree
through distillation and the final product - was another highlight.

Each of the three conferences I attended on this trip presented great
opportunities for me  to discuss my work with some of the leading
practitioners in the Ethnobiology and Anthropology and to hear of new
developments and approaches in these areas from both academics and
field practitioners.
Several of the delegates to the SoE conference (and others) have
published on ethno-ornithological research in the past and it was
invaluable to be able to meet face-to-face with them to discuss these
issues in context. I'll post a compilation of my papers presented at
the conferences attended on this trip in the next week or so.

From Pennsylvania I travelled to Europe  for a couple of weeks. Due to
changed travel arrangements I had some free time in London so I was
able to put this to good use with research and meetings. I travelled
to Bilbao for a few days in the Basque country and stayed with friends
in the small town of Durango from where we went on several trips along
the beautiful coastline and mountains that make up this part of
northern Spain. I missed out on a seminar to be held in late March on
the "Jardunaldiak: Urkiolako Hegazti Harraparien Ekologia" -
translated roughly from the Basque to English - "Meeting on the
Raptors of the Urkiola National Park" in central Euskal. There is a
growing interest in ecological protection in the Basque country, and,
while the area has long been the industrialised hearland of Spain and
the landscape is heavily modified, there is a strong movement to
preserve Basque knowledge and culture of the environment. While at the
Urkiolako Natur Parkeko Fauna headquarters I watched an webcam of 5
Egyptian vulture (Neophron pernocterus) nests in the hills above the
headquarters and there is a good display outlining the mythology (much
of it based on birds) of the area. I will make some effort to find
more information on Basque bird-related mythology and knowledge when
time permits. Some information on Basque mythology and traditions can
be found at http://www.buber.net/Basque/Folklore/

After my too short a stay in the Basque country I returned to London
and after a day or two shopping (mainly for books and Chelsea Football
Club regalia) I travelled to Cambridge, north of London, to meet with
Martin Walsh, a Cambridge University anthropologist, and John Fanshawe
of Birdlife International (BI), an NGO that is responsible for the
initiation and on-going support for the many Important Bird Areas
(IBAs) worldwide. John and Martin have many years of experience
working in east Africa and are very interested in how
ethno-ornithology might be better incorporated in the implementation
of bird conservation and how ethno-ornithology might contribute to a
better understanding of bird populations, particularly threatened
species and families, across the world. Martin has recently joined
this group and posted two articles on his work in east Africa. I'm
very much looking forward to working with John and Martin in the
future. If you are not familiar with the important work of BI go to
the web page at http://www.birdlife.org/index.html.

I then took a train down to the University of Kent at Canterbury where
I met with Roy Ellen and (all too briefly) Raj Puri of the
Ethnobiology Research Group and the Durrell Institute of Conservation
and Ecology (DICE) at the Department of Anthropology where important
research is being undertaken on important areas of ethnobiological
research. See ERF's website at
http://www.kent.ac.uk/anthropology/ethnobiol/researchgroup.html.

From Canterbury I travelled to Durham up near the border of Scotland
to visit with Paul Sillitoe and Robert Layton of the Anthropology in
Development group - see the website at
http://www.dur.ac.uk/anthropology/research/aid/. I had a long meeting
with Paul and Robert and over lunch with Paul, Aneesa Kasaam and
Mariella Marzano we discussed the AID group's research. Aneesa
conducted ethno-ornithological research some years ago in Kenya and is
looking forward to updating and presenting that research in the near
future.

After returning to London I left for Vancouver to attend and present
at the 66th annual meeting of the Society for Applied Anthropology.
This was an very large conference (the conference program and
abstracts ran to 204 pages) and there were just as many interesting
presentations that I missed as I attended! I was part of the
"Relational Conservation: Visions and Practices of Collaborative
Engagements with Lands and Animals" group led by Harvey Feit and Susan
Preston. I attended at a number of sessions and made many new
acquaintances during the conference - I've yet to look at my notes to
see who and what I have to catch up with. Alongside the conference was
a book publishers display and there I found a copy of Graham Harvey's
recently published book "Animism: Respecting the Living World".
Graham's book takes a new look at animism and reveals the diverse ways
of being animist and living respectfully within natural communities. I
am planning to write a review of this interesting material in the near
future.

After Vancouver I went to San Francisco for a few days - unfortunately
the city of sun had been the city of rain for a few weeks and
continued to be so for the time I was there. Notwithstanding the
weather I had a great time exploring the many bookshops and hidden
treasures in this hilly city - good food and coffee also helped!.

From San Francisco I travelled east via Charlotte, NC to Gainesville
in Florida to attend and present at the inaugural meeting of the
International Society for the Study of Religion, Nature and Culture
(ISSRNC) at the University of Florida. The University campus is huge -
there is no other way of describing it - 45,000 students and 20,000
faculty and  staff spread across an expansive campus. The ISSRNC
conference had many interesting sessions and provided a good
opportunity to meet with people involved in this emerging area.

My presentation to the Animal - Human Relationships session was well
received and I enjoyed the sessions I attended. Of particular note was
the presentation by Mark Bekoff of the Jane Goodall Institute and the
University of Colorado at Boulder. Mark discussed his work in animal
behaviour (particularly with canines)and his ideas about how the
relationship between (traditional) scientific research and animal
behavioural studies can be improved - I particularly liked his quote
from Erwin Schrodinger, Nobel Prize winner for Physics in 1933: "The
vision of the world around us that science provides is highly
deficient. It supplies lots of factual information and puts all of our
experience in magnificently coherent order, but keeps terribly silent
about how everything else close to our hearts, everything that really
counts."
Mark will be in Australia later in 2006 and I hope to be able to
arrange an extension of his visit so that he can come to Canberra to
talk at the Australian National University. You can find more about
Mark's work at: http://literati.net.Bekoff

Gainesville was my final stop on this trip and I flew home to Sydney
and arrived yesterday morning ... I'm writing this after a good
night's sleep and looking forward to going through the stack of books,
papers and material I collected (some are still en route) and catching
up with all the new and renewed contacts I have made during the last
six weeks.

As noted above I'll post a compilation of my presentations in the near
future. Please send a message if there is any more information or
contacts you might want.


Cheers.


Robert Gosford
ERSG Moderator