The red, white, and blue is causing a flap on Plum Island.
Disagreements between the town of Newbury and Plum Island residents flared again over the weekend over a letter warning homeowners flags and streamers on the beach may present a danger to endangered birds as the Fourth of July approaches.
“The town of Newbury has become aware of the use of devices and materials intended to deter shorebirds from utilizing portions of the beach and dune system on Plum Island,” a letter from a Newbury Conservation agent to property owners states. “Examples may include mylar streamers, flags, reflective materials, or other deterrent devices.”
One homeowner believes the letter — which identifies the endangered birds as Piping Plovers and Least Terns — is in response to residents in the area decorating with flags for the upcoming July 4 and America250 celebrations.
“When we received these, we were outraged,” said Marc Sarkady, who’s lived on Plum Island since 1984. “Are you serious? We can’t put flags on the beach? It’s right before July 4.”
Sarkady said he’s given out about 100 flags and 100 signs stating “Plum Island honors America250” for residents to display all over the island “as a way to unify our island and to bring people together as Americans.”
Sarkady is now working with a law firm, the Pacific Legal Foundation, to push back on the potential threat of restriction of flags and claim the letter was unconstitutional. PLF sent the town a letter asking for clarity on whether the homeowners could face legal liability for displays like flags.
MassWildlife and Newbury town officials did not respond to requests for comment as of Monday evening.
In a statement to Fox Digital, Newbury Town Administrator Tracy Blais said the town is “not in any way attempting to interfere with the property owner’s rights to use their property or to restrict their use of their property for ordinary and patriotic purposes,” and the letter was not intended to assert a threat or legal liability.
Sarkady said that though the town denied that it was a threat, he believes “as one of my attorneys said, if it looks like a threat, if it walks like a threat, if it smells like a threat, it probably is a threat.”
The letter to property owners goes on to state the “beach and dune habitat on Plum Island provides important nesting, feeding, and migratory habitat” for the protected birds and activities like harassing, harming, pursuing, and otherwise interfering with protected species is illegal.
“Activities intended to deter protected shorebirds from utilizing suitable habitat may be viewed as harassment or disruption of normal feeding, nesting, or migratory behavior of these species,” the town letter states, noting significant regulatory and financial penalties.
With the addendum: “Non-compliance may result in state or federal enforcement actions, and thus the town urges residents to comply with applicable state and federal wildlife protection laws.”
The homeowner said the debate over the birds’ protection has been ongoing for years, noting in the winter, when the town was seeking to enact easements to access residents’ property for the purpose of protecting birds, dozens of neighbors spoke at town hearings.
“We actually had been collaborating with Mass Fish and Wildlife to create a more collaborative, better solution, and we asked the town to hold off and let us create this more collaborative solution,” Sarkady said. “In the end, they didn’t listen to us.”
Sarkady argued there’s space open for birds “both in front of my house, hundreds of feet, and then literally down the way, 10 miles of open beach, so the idea that these flags would get in the bird’s way somewhere close to preposterous.”
An informational page from the Massachusetts Department of Conservation and Recreation on living with the endangered Piping Plover birds notes that the eggs and chicks “are very small and blend in with the sand,” making the nests and young are “highly vulnerable to people and dogs.”
Federal and state regulations make it illegal to “harm or harass the birds, chicks, or eggs,” DCR states, warning residents to stay away from areas marked by “symbolic” fencing intended to protect the birds. DCR’s informational page does not mention whether flags, streamers, reflective materials or other similar items may present an issue for the species.
The town of Newbury states in an animal control warning that volunteers may ask residents and visitors to “to leash your pet or stay away from a fenced-off area due to an active Plover nest,” noting the birds are “easily frightened and will abandon their nests if they feel threatened by humans or dogs.”
Intentional or unintentional harassment, injuring or killing of a Piping Plover, loss of eggs or damage to a nest can result in fines from $500 to $200,000 under state and federal laws, the animal control warning letter states, and towns can also be fined for incidents that occur on town land.
Plum Island, MA – Marc Sarkady with his flags on Plum Island. (Nancy Lane/Boston Herald)
Plum Island, MA – A plover volunteer guards the entrance to an eight to nine mile stretch of beach that is closed for nesting plovers on Plum Island. (Nancy Lane/Boston Herald)
Plum Island, MA – Marc Sarkady with his flags on Plum Island. (Nancy Lane/Boston Herald)
Plum Island, MA – A plover volunteer guards the entrance to an eight to nine mile stretch of beach that is closed for nesting plovers on Plum Island. (Nancy Lane/Boston Herald)
Plum Island, MA – A eight to nine mile stretch of beach is closed for nesting plovers on Plum Island. (Nancy Lane/Boston Herald)
Plum Island, MA – A eight to nine mile stretch of beach is closed for nesting plovers on Plum Island. (Nancy Lane/Boston Herald)
Plum Island, MA – A eight to nine mile stretch of beach is closed for nesting plovers on Plum Island. (Nancy Lane/Boston Herald)
Plum Island, MA – Marc Sarkady’s flags on Plum Island. (Nancy Lane/Boston Herald)
Plum Island, MA – Flags on the beach on Plum Island. (Nancy Lane/Boston Herald)
Plum Island, MA – The letter Marc Sarkady received regarding his flags on Plum Island. (Nancy Lane/Boston Herald)
Plum Island, MA – Marc Sarkady with his flags on Plum Island. (Nancy Lane/Boston Herald)
Plum Island, MA – Marc Sarkady with his flags on Plum Island. (Nancy Lane/Boston Herald)
Plum Island, MA – Marc Sarkady with his flags on Plum Island. (Nancy Lane/Boston Herald)
Marc Sarkady is keeping his flags waving on Plum Island. (Nancy Lane/Boston Herald)
Plum Island, MA – Marc Sarkady with his flags on Plum Island. (Nancy Lane/Boston Herald)
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Plum Island, MA – Marc Sarkady with his flags on Plum Island. (Nancy Lane/Boston Herald)