Photographing Burrowing Owls - From 33 Feet Away?
This weekend I drove south from Tampa to Cape Coral to see and photograph Burrowing Owls. I left home Friday evening and stayed at a Hilton in nearby Fort Myers. I ate dinner at the Mona Lisa Italian Restaurant, ordering the Mona Lisa Chicken. It was delicious.
Saturday morning I arrived at my first burrow site. Last year this burrow supported a family of two adults and two owlets, and it’s where I photographed “The Dark Knight” and “Yawn.” I was really hopeful the family would still be there with a new crop of owlets.
I was not disappointed. Two adults and two owlets were already outside the burrow waiting for the sun to rise when I pulled up. I got into position and started taking a few photos - mostly close up portraits since they were not exhibiting a whole lot of behavior. After about 30 minutes and plenty of “safety shots” taken, I decided to move on to a different site.
Nearby I found a burrow with a couple of adults and three owlets. These owlets were much more active and playful. They would jump up in the air and pounce on a stick, or sometimes even try to fly and land onto the trunk of a nearby tree (they were not successful). The quality of the light was better, shadows were softer, and the ground was at such an pitch that it was possible to take photos without including nearby homes and fences in the background.
Burrowing Owl adult. Photographed with the Nikon Z9 and 800mm f/6.3 PF lens mounted on a tripod at f/6.3, ISO 320, 1/1250 sec.
Burrowing Owl adult. Photographed with the Nikon Z9 and 800mm f/6.3 PF lens mounted on a tripod at f/6.3, ISO 320, 1/1250 sec.
For about 15 minutes I watched these birds peacefully going about their business paying no attention to me whatsoever. I was shooting with the Nikkor 800mm super telephoto lens, staying about 25-30 feet away to avoid disturbing the owl family. Then a couple of SUVs pulled up. About six or seven ladies with cameras got out and walked to a position about five to eight feet behind me, chit-chatting the whole way.
The owls definitely noticed their group, as they kept a close eye on them and the owlets moved closer to the burrow entrance. After about a minute, one of the ladies said to me, “Excuse me sir. Sir! There is a local ordinance that you have to be 33 feet away from the burrow. It’s a new law so you might not know of it.” I said “what?” and thought, oh geez, here we go.
She repeated herself, at which time I asked, “how are you supposed to know if you are 33 feet away? That’s pretty specific. I think I am about 33 feet away, but since you said it’s a local ordinance and I want to make sure I am compliant with the law, let me look it up.” I learned a long time ago that when someone (other than law enforcement or a park ranger) tries to tell you what to do by citing a law or some rule, you shouldn’t just believe them. So I pulled out my phone and did a google search. The first link that came up was to the Cape Coral Friends of Wildlife webpage which has a copy of local ordinance 82-18 posted to it. This local ordinance states that developers cannot perform construction within 33 feet of a Burrowing Owl nest site during nesting season. This shrinks to 10 feet out of nesting season. There was nothing related to viewers and photographers.
I also reviewed Florida state law related to the Burrowing Owl. Florida Fish and Wildlife Commission Rule 68A-27.003 Ref-10405 describes species conservation measures and permitting guidelines for the Florida Burrowing Owl. This guideline refers to the 33 feet buffer zone for construction while also describing examples of activities the FWC does not expect to result in a “take” violation, specifically mentioning photography. “Viewing or photographing burrowing owls, provided a distance is maintained that does not alter burrowing owl behavior” is an activity not expected to be considered “take.” “Indications of altered burrowing owl behavior include, but are not limited to, burrowing owls flying away, giving alarm calls, producing snapping sounds with their bill, bobbing up and down, crouching and weaving back and forth, remaining vigilant toward a wildlife viewer or photographer, or showing any other sign of agitation.” In other words, viewers and photographers can be within 33 feet of a Burrowing Owl nest so long as you do not alter the owl’s behavior. Common sense.
You may ask, where does this 33 feet construction “buffer zone” come from? What’s so special about 33 feet? Why not 30, or 35 feet? Of course, I dug into it and 33 feet was borne out of a study published in 2000 in The Journal of Wildlife Management. (1) This study examined population density and reproductive success of Florida’s Burrowing Owls in Cape Coral from 1987 to 1990. One conclusion of this study was that Burrowing Owls fledged more young if a 10+ meter buffer area was provided around the nest burrow during home construction in residential areas. 10 meters is equivalent to 32.8 feet. The current 33-ft construction buffer zone around owl nests appears to be based on this sole study.
As a nature photographer, it’s important to understand and comply with all legal requirements that are in place to protect sensitive species and habitats. It’s also helpful to know these requirements so you can defend yourself from people who misread regulations or simply make up their own rules. Know and follow the law, know your rights, stand up for those rights, and photograph responsibly.
I told the ladies what the law actually said, but I don’t think they either believed me or cared. A few minutes later they shuffled back to their SUVs and left.
With peace and serenity now restored, the owls continued to enjoy themselves. I watched and photographed them for another 15-20 minutes, then packed up to find another burrow.
Big Yawn. Photographed with the Nikon Z9 and 800mm f/6.3 PF mounted on a tripod, at f/6.3, ISO 400, 1/1000 sec.
Run! One of the adults gave an alert call and this little fella scampered back to the burrow. False alarm! It was a Dove flying overhead. Whew! Photographed with the Nikon Z9 and 800mm f/6.3 PF mounted on a tripod, at f/6.3, ISO 400, 1/1250 sec.
The sun fully up, I drove over to the Cape Coral Library where there are burrows in the adjacent lot. Last year I didn’t see a single bird in this area, so I was pleasantly surprised to see a few owls there. Staying in my truck, I rolled down the window and took the following shots.
Burrowing Owl owlet. Photographed with the Nikon Z9 and 800mm f/6.3 PF from inside my truck with window rolled down and the lens resting on the windowsill; f/6.3, ISO 400, 1/2000 sec.
Burrowing Owl owlet. Photographed with the Nikon Z9 and 800mm f/6.3 PF from inside my truck with window rolled down and the lens resting on the windowsill; f/6.3, ISO 320, 1/1600 sec.
Burrowing Owl adult. Photographed with the Nikon Z9 and 800mm f/6.3 PF from inside my truck with window rolled down and the lens resting on the windowsill; f/6.3, ISO 400, 1/1600 sec.
Junior talking to dad. Photographed with the Nikon Z9 and 800mm f/6.3 PF from inside my truck with window rolled down and the lens resting on the windowsill; f/6.3, ISO 320, 1/1600 sec.
Photographing these owls was tons of fun. I had forgotten how small they are - probably no bigger than a cantaloupe - yet they are so expressive and super cute.
Millsap, B., and C. Bear. 2000. Density and reproduction of burrowing owls along an urban development gradient. Journal of Wildlife Management 64:33-41
