LAKELAND — Residents hope an endangered bird isn't caught in the crossfire of the city's duck hunting debate.
Reinier Munguia, president of the Winter Haven-based Lake Region Audubon Society , told Lakeland city commissioners there are Everglade snail kites breeding on the western shores of Lake Parker. The small, raptor-like bird is one of 133 federally endangered species in Florida, according to the U.S. Fish & Wildlife Service.
"We have a fairly good population of snail kites in that area," Munguia said.
Munguia said he found a small, female snail kite that was severely injured on the west shores of Lake Parker. The bird was taken to Audubon Center for Birds of Prey in Maitland, according to Muguia, where it died two days later.
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There were two bands around the deceased snail kite's legs indicating it was part of a larger study being done by the University of Florida and Florida Fish and Wildlife Conservation Commission. It's identifier, 81 R, showed the bird had been born in Lakeland.
"The University of Florida Snail Kite monitoring program has documented a handful of nests on Lake Parker every year since 2018," FWC spokesperson Carli Segelson wrote in an email.
After the bird's death, it was found to have an embedded lead shot. Florida Fish and Wildlife Conservation officers who responded to the January incident did issue a written warning to the hunters for the presence of lead shot, which is no longer legally allowed.
Munguia said the lead shot indicates the snail kite was likely shot by the hunters.
The penalty for killing an endangered species is up to 60 days in jail with a fine of between $100 to $500 for a first offense, according to the Association of Fish and Wildlife Agencies. A second offense carries a fine of between $250 to $1,000 and up to 12 months in jail.
"No one did any research as to whether the site was really a good site for hunting," Munguia told commissioners.
Signs not sufficient
In April, commissioners directed City Attorney Palmer Davis to draft language for signs that would be posted near the public boat ramps on Lake Parker. The signs would warn hunters the area "may be baited" as federal law prohibits hunting in areas where animals are fed.
"Probably signs alone is not enough," Mayor Bill Mutz said.
City Attorney Palmer Davis said there are a number of concerns he has about the city posting such signs. The hunters are accessing the western portion of Lake Parker using private boat ramps, where signs would not be posted.
Davis said he's skeptical that FWC officers or the U.S. Fish and Wildlife would respond to help enforce any hunting regulations on Lake Parker. It would be left up to Lakeland Police Department.
"Our office would recommend against it," Jerrod Simpson, Lakeland's assistant city attorney, told commissioners.
Simpson said enforcement would be up to the responding officers to determine whether or not a hunter should have reasonably known that Lake Parker was a baited area. He does not believe any of Lakelands officers have the necessary expertise to be able to credibly testify as to the behavior of migratory birds if challenged in court.
There have been questions among city officials about whether indicating the area may be baited would encourage feeding of the ducks and other wildlife. Hunters have previously come before the commission claiming it's illegal for residents to feed the wildlife.
Simpson said he has "not found a single rule" by federal or state agencies that prohibits the feeding of ducks. Florida laws do prohibit the feeding of alligators, manatees, foxes, raccoons, sandhill cranes and pelicans because it creates a nuisance, according to Simpson, but the rules don't specify about ducks.
The FWC does strongly discourage residents from feeding wildlife due to changes in behavior and potential damage to the ecosystem.
"All (agencies) discourage the feeding of wildlife whether illegal or not," Simpson said.
Residents who purposefully set out food could be accused of harassing hunters who are engaged in lawful activity, according to Davis, which is a second-degree misdemeanor.
Commissioner Stephanie Madden asked if not signs, what can be legally done to protect Lakeland residents living or exercising along Lake Parker.
"I can see why it's fraught with concerns," Madden said. "What's is under our purview is to keep residents safe."
Other legal options
Commissioners have questioned whether the safety of Lakeland residents could be protected by enforcing the state's firearm laws.
Under Chapter 790 of Florida Law, it's illegal for a person to discharge a firearm in a public place like a paved road or outdoors on land zoned for residential use. There are three exceptions: law enforcement officers, a person defending their life or property, and "a person discharging a firearm on public roads or properties expressly approved for hunting" by the FWC.
It's the last exception for hunters that's muddling the issues.
"Where is there express approval?" the city attorney asked. "We just can't find that."
FWC has regulations that allow for hunting activity to take place on any body of water that has a public boat ramp, according to Simpson. This would include Lake Parker which has city, county- and state-owned boat ramps.
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Simpson said the city has reached out to FWC's general counsel to ask what areas of the state and in Lakeland are expressly approved for hunting.
"They don't expressly approve areas, they restrict areas," he said.
The city attorney suggested and received approval to reach out to the state's attorney general office to seek a legal option on whether the FWC has expressly approved hunting in the lakes within city limits.
Pending the state's response, Mutz said the city may wish to reconsider requesting a restrictive hunting area. Munguia told The Ledger that the city should also look into the state's Critical Wildlife Areas, or CWA.
It's a designation the FWC uses for specific sites where animals gather for daily or seasonal activities such as breeding. The areas are established where "there is already documentation of human disturbances interfering" with these activities according to the FWC website.
There are no CWAs in the state for snail kites, according to Segelson, as she said "public disturbance is not considered a major threat to them."
Sara-Megan Walsh can be reached at swalsh@theledger.com or 863-802-7545. Follow on Twitter @SaraWalshFl.
This article originally appeared on The Ledger: Lake Parker duck hunting: threat to endangered snail kites
