Staff Writer

A tiny endangered bird is getting big attention at one of Maine’s busiest beaches.

Old Orchard Beach town councilors last week continued work on a beach management agreement that will protect the town from liability if a piping plover is accidentally killed. Councilors and Maine Inland Fisheries and Wildlife Biologist Lindsay Tudor reviewed the agreement, which still needs to be finalized. The agreement is between town officials, U.S. Fish and Wildlife Service, Maine Inland Fisheries and Wildlife and Maine Audubon. If approved, the agreement will be signed in the next few weeks and is effective from April 1, 2011 to Oct. 1, 2013.

Piping plovers are federally threatened and state endangered birds that nest and feed on sandy beaches on the Atlantic coast. The small sand-colored, sparrow-sized bird is known to nest on southern Maine beaches, including Old Orchard Beach, Scarborough, Biddeford Pool, Wells and Ogunquit.

A portion of Old Orchard Beach was designed an essential habitat for the birds by Inland Fisheries and Wildlife in 1995. One to three pairs of piping plovers consistently nested on Old Orchard Beach from 1993 to 2008.

Piping plovers documented on Old Orchard Beach include one pair in 2008; one pair and two chicks in 2007; one pair and one chick in 2006; one pair in 2005; one pair and two chicks in 2004; one pair and one chick in both 2003 and 2002, Tudor said.

Tudor said the number of plovers nesting on Old Orchard Beach is significant because there are fewer than 30 pairs in Maine most years. The birds tend to stay in less-populated areas of the beach and consistently nest in Ocean Park, she said.

The town has an incentive to promote the nesting success of plovers: If they nest successfully in April, they will fledge chicks by mid- to late-June and leave the area, Tudor said. If approved, the guidelines of the agreement will be in effect each year from April 15 to Aug. 31 when nesting activity occurs. The restrictions are lifted when the birds are not actively nesting.

The agreement outlines recommendations for a variety of beach precautions, from placement of trash barrels to animal control and monitoring. The town would not place trash barrels on the beach near plover nest sites and spotters would be used during beach cleanups, which normally are done every morning during the summer. Trash barrels attract seagulls, which are predators of piping plovers, Tudor said.

The town will be in weekly contact with Maine Audubon during nesting and volunteers will monitor the birds. The agreement also says state and twine fencing and nest enclosures will be used to protect nesting birds from humans and predators. The fencing is provided by inland fisheries and wildlife and Maine Audubon.

Councilor Mike Tousignant said it would be “almost impossible” to keep people from walking through the fencing in crowded areas of the beach. He said closing part of the beach in June or July could be a “complete disaster.” Tudor said plovers have avoided the crowded pier area in the past and tend to return to the same spot each year.

Councilor Robin Dayton said she is concerned about dogs and piping plovers. The agreement says the town will not allow dogs within 100 feet of stake-and-twine fencing, but Dayton said she doesn’t want the town to be held responsible for irresponsible dog owners. She said she would like to explore the idea of creating local penalties, as Scarborough has done through a town ordinance.

Under the agreement, hotels and real estate agencies will be provided educational materials to distribute to people staying in rented rooms or houses. Councilors also suggested the information could be posted to the town website, on bulletin boards and on public access television.