For the latest news on Pale Male and Lola visit the following sites:
The New York Times
January, 27 2005
MANHATTAN: NO CHARGES IN HAWK CASE
Prosecutors dropped charges yesterday against a man accused of stalking and harassing the CNN anchor Paula Zahn over two red-tailed hawks whose nest had been removed from the Manhattan apartment building where she lives. Prosecutors said that Ms. Zahn declined to proceed with the case against Lincoln Karim, a video engineer for Associated Press Television News who was among scores of people who protested the removal of the hawks from the building, a high-rise on Fifth Avenue. Mr. Karim, 43, was arrested last month on stalking, harassment and child endangerment charges. Ms. Zahn had filed a complaint after Mr. Karim allegedly chased her family near her home and reduced her 7-year-old son to tears by screaming, "House of shame! Bring back the nest!" (AP)
The New York Times
December 29, 2004
Hawks Inspect Renovation
By Jeffifer 8. Lee
Three weeks after they were evicted from their home of 11 years on Fifth Avenue, two famed red-tailed hawks returned to their old perch above Central Park yesterday to survey the elegant stainless steel structure that was installed so that they might rebuild their nest.
The hawks, Pale Male and Lola, who attracted worldwide attention during their tussle with the co-op board at 927 Fifth Avenue, both landed at least twice on the arched 12th-floor cornice - much to the delight of fervent bird-watchers.
While the lacy metal cradle was installed last Thursday, the scaffolding that was used to put it in place remained, blocking the hawks from landing. The scaffolding was not removed until about 10:30 yesterday morning.
About 45 minutes later, Pale Male and Lola arrived and stayed between 5 and 10 minutes, said Frederic Lilien, a Belgian cinematographer who flew in after hearing about the controversy and now goes to Central Park daily to observe Pale Male and Lola.
"You could really see they were checking it out," said Mr. Lilien, who produced an hourlong documentary on Pale Male.
The birds left but returned hours later: first Lola by herself. Then Pale Male by himself.
"It was like a belated Christmas gift," said Amanda Tree, a Brooklyn actress and singer-songwriter who had waited, bundled up with wool hat and rainbow scarf, since 9 a.m. to see the hawks. "You couldn't imagine receiving anything nicer. It makes me happier than my first Barbie doll."
It remains to be seen if the hawks will rebuild their nest - which had stretched to eight feet wide. They have several weeks to rebuild before Lola is ready to lay her eggs, typically at the beginning of March.
A handful of twigs were tossed into the new cradle when it was installed. Pale Male and Lola seem attached to the spot and have also tried to take twigs to the cornice after the nest was removed. But because the three-inch pigeon spikes that anchored the twigs had also been removed, their efforts were unavailing. The pigeon spikes had been stored in the basement and were later reinstalled with the cradle.
The public battle over the hawks began when Richard Cohen, the chairman of the co-op board and the husband of Paula Zahn, decided to remove the nest, citing safety and privacy concerns. The eviction ignited a worldwide furor, including protests from two of the building's most prominent residents: Mary Tyler Moore and Bruce Wasserstein, the Wall Street magnate. Daily demonstrations spurred the co-op board to negotiate with environmental advocates, landmark preservationists and government officials, leading to the decision to install a cradle.
Raffael Juth, the project manager with Dan Ionescu Architects who oversaw the installation, said yesterday that the firm was pleased with the hawks' return. "It's very exciting because there was a lot of pressure on us," he said. "We felt like we came through with everyone else involved."
The New Yorker
A couple of weeks ago—on a real Christmas-miracle kind of day, cold and heartless in every other respect—the city’s two most famous homeless guys both caught a break. First, of course, there was Pale Male, the celebrity hawk and victim of the hour, who had been rendered nestless six days earlier, when the co-op board of 927 Fifth Avenue semi-surreptitiously dismantled the rampart of sticks that he and various mates had called home since 1993. Hounded and shamed by the usual coalition of bird-lovers and co-op haters, besieged by hawk chic, the building agreed to take Pale Male back. Crisis, if not revolution, averted.
Then, there was Al Goldstein. Goldstein, as every schoolboy knows, founded the magazine Screw and served as the foulmouthed host of the scruffy public-access pornography program “Midnight Blue.” In recent years, he has come down in the world. His company went bankrupt, and he lost everything, including a mansion in Florida and a six-story town house on East Sixty-first Street; he did time at Rikers for harassing a former employee (he published her name and number in Screw, along with some indelicate collages, and urged readers to call her), then got three years’ probation for doing the same, more or less, to his third wife. A shoplifting bust, diabetes, depression, a wife (his fifth) afflicted with Crohn’s disease, a son who won’t talk to him (and vice versa), and, finally, in recent months, full-bore homelessness—three weeks at the Bellevue men’s shelter, a few nights in Central Park, then reassignment to a shelter in East Harlem. “This homeless thing is so bad,” he said the other day. “It’s just dirty and humiliating.”
Goldstein’s predicament did not inspire angry throngs to take to the streets, as they had for Pale Male. There was perhaps a feeling toward him, as apparently there must be toward all homeless human beings, that he had brought this on himself. Still, some people stood by him. One of them was a lawyer, Charles DeStefano, who, on the same day that the hawk won his reprieve, informed Goldstein that he’d found a place for him—no 927 Fifth, to be sure, but a home all the same. Neither man would say which borough (except that it’s not Manhattan), because the new landlord doesn’t know that the Al Goldstein who’s renting the apartment is the Al Goldstein. Another friend, the magician Penn Jillette, who is to Goldstein what Mary Tyler Moore is to Pale Male, had offered to pick up his rent.
That afternoon, Goldstein was at work, a new job cold-calling businesses on behalf of New York City Bagel, a deli and caterer. So far, he had made headway with five customers, among them The New York Review of Books and National Review. “I’m following my own interests,” he said. “Beginning tomorrow, I’m going to call shrinks.” He was set up at a table in the corner of the shop, with a phone, a script for the sales pitch, and some cigars in a Ziploc bag. He was dressed in a green fleece pullover and parachute pants, with a big Star of David pendant hanging from his neck. He is sixty-eight and newly thin, having lost a hundred and seventy pounds, as a result of gastric bypass surgery. “My life is a travesty,” he said.
Goldstein, who used to have twenty-two televisions (and ninety-one clocks), now gets his information from a pair of radio earphones, which he tunes to TV news. He, for one, was sick of hearing about Pale Male. “Enough with the sensitivity,” Goldstein said. “The hawk was thrown out. New York rents have gone crazy over the last few years. If the hawk can’t cut it, if it can’t carry its own weight, cook the damn thing.” He went on, “I would like everyone to have the courage of their convictions and have recipes for hawk. All this nonsense. New Yorkers are hated, because we’re so sensitive. There are thousands of homeless people around, sleeping in hallways, and nobody cares. But one hawk living on Fifth Avenue gets all the publicity.”
He offered advice to Pale Male, from one homeless New York icon to another: “Defecate on the tenants as they walk into the building. Defecate on the doorman. And play around—don’t get locked into a female hawk thing. You’re going to lose your nest anyway.”
New York Post
AERIE MARY BLASTED
(At least now Post readers will know how to pronounce "aerie" even if they don't know what it means. And they say the hawk watchers are wacky.
Only in New York, kids, only in New York... )
By BRADEN KEIL
December 16, 2004 --
Mary Tyler Moore has been pecking at her co-op board and neighbors for evicting the renowned hawks from her posh Fifth Avenue building — but yesterday they crowed back, accusing her of orchestrating the pro-bird campaign as a personal vendetta.
"She has a big ax to grind," said a board source. "A lot of her activism is bent on vengeance after the co-op board turned down a potential buyer for her apartment."
Moore was the most vociferous of the residents of 927 Fifth Ave. to oppose the board's decision to take down Pale Male and Lola's nest, even joining the protesters in their spirited picket line.
The sitcom pioneer has two apartments that have been on the market since the summer; one on the eighth floor for $18.5 million, and a first-floor studio apartment — used primarily as an office by her husband, Dr. Robert Levine — for $2 million.
Moore was thrilled when she found a buyer willing to pay roughly more than $2 million over the asking price for the eighth-floor residence.
But the potential purchaser, a Russian citizen, was perceived by the board to be a person of questionable reputation.
"She tried to push someone on the co-op board that no co-op board in the city would've accepted," said another building insider. "He traveled with bodyguards. He was just what you don't want in a family building."
The 12-story prewar building is populated mostly by families with children. During a co-op board meeting about six weeks ago, the applicant for Moore's apartment was turned down in a quick and decisive vote.
"Mary went ballistic," said the board source. "It was a messy turndown."
Neighbors said Moore was overheard ranting that co-op chairman Richard Cohen, husband of CNN anchor Paula Zahn, had personally put the kibosh on the applicant.
She also didn't make any friends when she initially defended the man who was arrested for allegedly threatening the couple's children — although it was before she knew the severity of the charges.
"She's trying to be this virtuous Mary Richards," the board source said, referring to her sugar-sweet classic-TV character. "But she hasn't worked in ages. She just needs the money. And if she loves the hawks so much, why is she leaving?"
A spokeswoman for Moore denied her concern for the birds was just an act.
"She has always been an advocate for animal rights," said Mara Buxbaum. "So it is not out of character for her to be against the removal of the Pale Male nest."
The New York Times
Co-op to Help Hawks Rebuild, but the Street Is Still Restless
December 15, 2004
By THOMAS J. LUECK
A week after it removed a red-tailed hawk's nest from its facade and was met by a storm of protest, a Fifth Avenue co-op building agreed yesterday to requests by the Audubon Society to help the hawks rebuild.
But the agreement came on a day of heightened tension outside 927 Fifth Avenue, the sumptuous co-op where the hawks have roosted on a perch overlooking Central Park for 11 years. The co-op is also home to some of the biggest names in New York society.
With negotiations taking place inside, those protesting the removal of the nest continued their vigil across Fifth Avenue in Central Park. One of them, Lincoln Karim, an engineer, was arrested on charges of aggravated harassment, stalking and endangering the welfare of a child.
Mr. Karim, who was being held last night at the 19th Precinct station house, was accused of approaching the television newscaster Paula Zahn and her family, who live in the building, on several occasions, the police said. At one point he told Ms. Zahn's 7-year-old son, "Your parents are going to pay for this," according to law enforcement officials with knowledge of the case. Officials said that encounter occurred on Monday outside the building as the boy and his nanny were walking his dog.
The arrest of Mr. Karim prompted a swift response by another of the co-op's many celebrity residents, Mary Tyler Moore, who has publicly allied herself with the protesters. Soon after Mr. Karim was approached by four detectives and driven away, Ms. Moore and her husband, the Manhattan cardiologist Robert Levine, hailed a cab and drove to the 19th Precinct station house to assist Mr. Karim, although they were not aware of the charges against him, according to Marie Winn, a Manhattan writer, bird watcher and friend of Ms. Moore's who joined in the cab ride. Mr. Karim runs a Web site for bird lovers, www.palemale.com, named for the male hawk.
"Mary Tyler Moore was magnificent," Ms. Winn said. When she was unable to speak with Mr. Karim and determine the charges against him, Ms. Moore returned to speak to a group of about 40 protesters who remained opposite 927 Fifth Avenue.
She was greeted by loud applause, and thanked her fellow demonstrators. "That applause is the best applause I have received in my life," Ms. Moore said, according to two people who were present.
The agreement forged by Audubon Society and co-op officials centered on a strategy to allow the hawks, Pale Male and Lola, to rebuild their nest in the same spot on a 12th-floor cornice. The co-op, led by Richard Cohen, its board president and Ms. Zahn's husband, had sought to steer the hawks to another location on the building by providing a platform or box, but agreed yesterday that "the hawks will return to the same spot," Mr. Cohen said in an interview.
The co-op was clearly under pressure to compromise. Another of its well-known shareholders, Bruce Wasserstein, the Wall Street deal maker, tried in recent days to persuade Mr. Cohen to settle, according to someone close to the family who spoke on the condition of anonymity.
Within days, said Mr. Cohen and John Flicker, president of the National Audubon Society, a network of steel spikes are to be erected on top of the hawks' 12th-floor cornice. The spikes are meant to duplicate others that were installed to discourage pigeons but served as an anchor for the nest until they were removed.
Audubon officials agreed to a plan by the co-op's architect to surround the spikes with some form of protective rail that would prevent the sticks and small branches used for nest building from falling to the sidewalk. Co-op officials said they had removed the nest after some residents complained about the carcasses of pigeons that the hawks dropped onto the sidewalk after devouring.
Mr. Cohen said the design of the rail must be approved by the city's Landmarks Preservation Commission, since the co-op is in a landmark district. But he said he expected landmarks approval to come quickly, and Robert B. Tierney, the commission's chairman, said Monday that the approval could come within hours after an application was filed.
By engaging an architect, the co-op can "create a secure and stable environment that should enable the birds to return to their home of more than a decade," Mr. Flicker said in a statement.
"I think we have a great deal," said E. J. McAdams, executive director of New York City Audubon, the local chapter of the Audubon Society.
Mr. Cohen said the plan was meant to carry the hawks through their mating season, which begins in January and, if successful, will culminate when Lola lays eggs in March. After that, he said, other measures may be considered to make the nest less of a nuisance, but without removing it or moving it elsewhere.
Howard O. Stier, Michael Wilson and Jennifer 8. Lee contributed reporting for this article.
The New York Times
December 11, 2004
No Fighting the Co-op Board, Even With Talons
By THOMAS J. LUECK and JENNIFER 8. LEE
They gathered on Oct. 19 for a ritual known to thousands of New York co-op owners, the annual meeting. The board president, Richard Cohen, and his wife, the newscaster Paula Zahn, threw open their second-floor apartment overlooking Central Park for the occasion. Quickly, the discussion focused on a huge and untidy red-tailed hawk, known famously as Pale Male, which had been nesting on the building's facade for a decade.
The building, 927 Fifth Avenue, is among the city's most sumptuous - apartments behind the neo-Italian renaissance facade occupy entire floors, or two, and are worth well over $10 million. The roughly 10 people at the meeting included Robert A. Belfer, the founder of Belco Oil & Gas and a former director of the Enron Corporation; Dr. Robert Schwager, a plastic surgeon with offices on the ground floor; and Dr. Robert Levine, a Manhattan cardiologist who is married to Mary Tyler Moore.
Some shareholders had long complained about Pale Male and his mate, Lola, whose nest of twigs and small branches had grown to eight feet across a cornice outside the building's 12th floor.
The hawks were hardly hygienic, preying on pigeons and rats, sometimes dropping bloody carcasses on the roof or sidewalk. And bird watchers were constantly looking up with their cameras and high-powered binoculars.
The nest, board members said, had to go. There would be no vote among shareholders. Several people familiar with the discussions said it was Mr. Cohen who had headed the effort, even though his wife had once proclaimed her affection for the birds on television.
The building's management company, Brown Harris Stevens Property Management, had warned of a public backlash. "We told Richard it would be extremely controversial," said Noreen McKenna, a Brown Harris Stevens agent who serves as secretary to the board.
The story of Pale Male, how he came to live at one of Manhattan's most exclusive addresses and then was sent away, is one of wealth and fame meeting nature and instinct, of an obscure international treaty researched and clarified, and of anger among those who live in an elegant building where, Ms. Moore now says, relations have become frosty.
Pale Male had adopted Central Park as his home and feeding ground, had prospered for 11 years, siring 23 hawks, and no one knows whether he will rebuild a nest and stay, or simply fly away.
At the very least, his predicament serves as a reminder of an immutable force, perhaps peculiar to New York City: the power of a co-op board.
At the meeting, Dr. Levine stood up to object, but not on his own behalf.
"Dr. Levine was vocal," recalled Dr. Schwager, who described the Oct. 19 meeting. Neither he nor Dr. Levine is on the board. "He said, 'I can tell you categorically that Mary Tyler Moore is opposed to this.' "
Dr. Schwager joined in: "I said 'This will cause a major commotion in New York if you do this.' "
Both doctors were right.
Since workers removed the nest on Tuesday, dangling on a window-washing platform and shoving Pale Male's carefully foraged twigs into garbage bags, the building has been the focus of searing anger from those around the city and nation who saw the hawk as an emblem of raw nature and perseverance in a densely populated urban setting. Bird lovers have camped outside, held vigils and chanted in anger, occasionally joined by Ms. Moore.
Both Pale Male and Lola have been observed circling their cornice, and landing with bits of twigs and tree branches in what appeared to experts on the ground as a futile attempt to rebuild. Their nest-building may be stymied because metal spikes that held their previous nest in place have also been removed.
Mr. Cohen, a real estate developer, spoke publicly about the matter for the first time yesterday and defended the co-op, on the corner of East 74th Street. "Every year this became more problematic," he said of the nest, calling the decision the result of a consensus and flatly denying he had railroaded it through.
He called the eviction a "last resort" and said that board members believed the birds would thrive elsewhere, and quickly. "It takes a week to 10 days to rebuild a nest. Trees fall in nature. They lose nests. They are resilient animals."
Also yesterday, Maureen Wren, a spokeswoman for the state Department of Environmental Conservation, said the agency was working with the New York City Audubon Society to protect the hawks and determining whether any state laws had been violated.
The Audubon Society said that the co-op board has agreed to meet with it on Monday to discuss options. Possibilities include replacement of the spikes on the ledge or the construction of a platform elsewhere on the building's exterior.
Last night, about 40 hawk supporters gathered in the rain bearing photographs of the hawks and a placard that read "Honk 4 Hawks." Ms. Moore, whose apartment is for sale for $18.5 million, was skeptical about the prospects for an amicable resolution. "These are not reversible type people," she said of her fellow apartment owners. "They just don't want the birds here."
Said Dr. Schwager, "This building is unbelievably conservative and reserved. I think, should we all buy lottery tickets, there is a better chance we would win."
The eviction of Pale Male was long in coming, and had been tried once before. The hawk's longevity in his co-op nest was due primarily to a federal environmental treaty, signed by the United States, Canada, Russia, and other nations in 1918, that was intended to protect the habitats of several species of migratory birds, including red-tailed hawks, from poachers who sought birds for food or for their feathers.
The treaty, administered by the federal Fish and Wildlife Service, was invoked in 1993 when the board of 927 Fifth Avenue removed Pale Male's nest for the first time. The removal came only months after the hawk had built the nest on his 12th-floor cornice, and his mate at the time had tried unsuccessfully to hatch eggs.
Marie Winn, a bird watcher and author, whose 1998 book about Pale Male and his offspring, "Red-Tails in Love," became the basis for a public television documentary, was one of those who jumped to the hawks' defense in 1993. "They put up a scaffolding and took the nest down in a plastic bag," she said. "I got the workers to hand it over to me. I put in my bicycle basket, and took it to a secret place in the park."
Then, she said, she contacted officials of the Fish and Wildlife Service, who concluded that removing the nest violated the 1918 treaty.
The federal agency "put fear and trembling into their hearts" at 927 Fifth Avenue, Ms. Winn said. Board members at the co-op "promised to never remove it again, although they have always wanted to," she said.
Their opportunity arrived in April 2003, when the federal agency issued what it called a "clarification" to the migratory bird treaty. Instead of a complete ban on the removal or destruction of nests, it said the nests were protected only when they were being used to hatch or raise offspring.
The law "does not contain any prohibitions that applies to the destruction of a migratory bird nest alone (without birds or eggs)," said a memorandum spelling out the rule.
Federal officials said this week that the clarification was intended to ensure that different species are treated uniformly, and some of the birds, like robins, simply abandon their nests after their chicks are raised.
On Dec. 9, 2003, Ms. McKenna submitted an application, with photographs, to the Fish and Wildlife Service to remove Pale Male's nest. "The nest has caused deterioration of the building's canopy from bird droppings," she wrote. "In addition, the hawks bring live prey to the nest where it is killed and torn for feeding." She said the result was a danger of contamination, Lyme disease and West Nile virus.
The application included a report by James E. McCosker, a building engineer who inspected the building. He described the nest as "massive," and said it posed a danger to pedestrians because it was directly above the building's entrance.
"This ain't a regular nest," Mr. McCosker said in an interview. "How would you like to have a bird's nest 8 feet long and 3 feet wide overhanging the edge of the building by a foot?"
On April 30, Fish and Wildlife Service officials responding in writing, saying that no permit was needed to remove the nest.
"We had no knowledge that this was a famous pair of birds," said Diane Pence, the chief of the agency's division of migratory birds for the northeastern states, in an interview on Thursday.
"It was just an address in New York City to us," she said, but added that the position of the agency would not have been different if the nest was in a less prominent location.
Then came the October meeting, and finally, on Tuesday, workers came to take the nest down.
Lincoln Karim, a 43-year-old engineer who has been among the most diligent bird watchers in tracking Pale Male and his offspring (at the Web site www.palemale.com), said he saw it happen at 2:30 p.m.
After workers hung a window-washing style rigging from the roof of 927 Fifth Avenue, "I thought maybe they were checking masonry." he said. "Then I saw they were taking the nest down and putting it into garbage bags."
He added, "I thought, 'I'm going to climb up ropes. I'm going to stop them.' But I looked up and saw the nest was gone. It was just gone."
Other than Ms. Moore and Dr. Schwager, residents of the 11 apartments in the building have declined to be interviewed, among them Bruce Wasserstein, the Wall Street deal maker, and Ms. Zahn, who had referred to Pale Male in a 2001 segment of "The Edge with Paula Zahn," on Fox News Channel. She was interviewing two naturalists, one of whom commented on the problems associated with people feeding wild animals, and Ms. Zahn seemed eager to offer a glimpse of her personal life. "Well, guess what lives on my building, you two, a red-tailed hawk," she said. "It eats rats and pigeons on our block."
"I like the hawk," she said. "I am just not going to feed it."
But these days Pale Male is a sore subject among the residents of 927 Fifth Avenue. Mr. Cohen said Ms. Moore had not even mentioned the hawk when they had a friendly conversation at a recent party. She said she had been too upset to talk about it. The topic is largely off-limits when residents cross paths, she said. "We are playing the game of the elephant in the middle of the living room."
Janon Fisher contributed reporting for this article.
The New York Times
Hawks' Nest, a Fixture in New York, Is Destroyed
By THOMAS J. LUECK

Published: December 8, 2004
A nest constructed a decade ago by red-tailed hawks 12 stories above Central Park, creating an unlikely wildlife habitat that has delighted bird lovers from around the world, was removed yesterday, apparently by workers for its host co-op apartment building.City officials and naturalists reacted with anger, even though there appeared to be little legal recourse for the nest's destruction.
Experts said that the fate of a family of uncommonly large and resilient birds, which have reproduced prolifically from the nest, had been thrown into doubt. So was that of the nest's most famous red-tailed resident, Pale Male, who arrived at the building in 1993 and, according to detailed records kept by several bird-watchers, has sired 23 youngsters. "I am so outraged that they would do this without so much as a by your leave," said Mary Tyler Moore, who has lived for 15 years in the co-op at 927 Fifth Avenue, at 74th Street, where the nest was built in 1993 above a cornice in clear view of Central Park."These birds just kept coming back to the edge of the building, and people kept coming back to see them," said Ms. Moore, who recalled at first craning her neck outside one of her windows to look up at the bottom of the nest. In more recent years, she said, she has strolled frequently across Fifth Avenue to Central Park for a better view."This was something we like to talk about: a kinder, gentler world, and now it's gone," Ms. Moore said last night.
Exactly why the nest was destroyed was unclear. A man who answered a call to 927 Fifth Avenue's management office last night said no one was available for comment. But Ms. Moore said other residents of the building had objected to large bird droppings and, occasionally, the carcasses of pigeons - which hawks prey upon - that landed on the sidewalk in front of their lobby. She said her husband had attended a recent co-op board meeting, and had been informed of its all-but-unanimous decision to remove the nest, even though he had objected to the move.
Adrian Benepe, the commissioner of the Department of Parks and Recreation, said his staff was unable yesterday to determine whether removing the nest violated any state or federal wildlife-protection laws, and would explore the matter again today."Our domain doesn't extend to the tops of people's roofs," Mr. Benepe said. "Regardless of legality, I am concerned about whether this was ethical, or the right thing to do."The story of Pale Male and his offspring has been well documented. Marie Winn, whose 1998 book on the subject, "Red-Tails in Love," was the basis of a PBS documentary called "Pale Male," said yesterday that the nest had been removed once before, in 1993, the year it was built.She said the nest was built amid metal spikes that were placed on the 12th-floor cornice to discourage pigeons from roosting, and that the spikes had the unintended effect of providing a strong structure to brace a hawks' nest against the wind.
After it was destroyed in 1993, Pale Male rebuilt, Ms. Winn said.That experience, she said, might provide evidence that Pale Male will again rebuild.But another of the bird's most ardent observers and proponents, Lincoln Karim, an engineer who has observed the nest for years with a telescope from Central Park, said he had seen workers take away the spikes yesterday.Ms. Winn said the federal Fish and Wildlife Service ruled in the 1990's that the nest was covered by a treaty adopted in 1918 to protect migratory bird habitats and could not be destroyed. But she said that more recent interpretations of the federal rules may allow people to interfere with migratory bird nests if they do so in the winter, when the nests are not used to raise offspring.
Phone messages left for officials at the agency late yesterday were not answered. The nesting season for Pale Male and his current mate, Lola, does not begin until January or later, and eggs are normally laid in the nest in March, Ms. Winn said.But even now, Pale Male, Lola and other red-tailed hawks can be seen performing courtship rituals that involve flying in circles over Central Park.Whether they will attempt to rebuild the nest at 927 Fifth Avenue remains in doubt, she said, particularly because its metal supports have been removed. Even if the nest is restored, she said, the experience of 1993 does not bode well for the prospect that more offspring would be hatched next year.
Ms. Winn said two years passed before Pale Male produced offspring after the last time the nest was destroyed.
Colin Moynihan contributed reporting for this article.
Hawks Evicted From New York City Perch
By THE ASSOCIATED PRESS

Published: December 8, 2004
Filed at 7:29 a.m. ET
NEW YORK (AP) -- Pale Male the city hawk was evicted from his nest, and the flap has already begun. So said aggrieved bird-watchers and neighbors after workmen raised a scaffold to the top of a Manhattan apartment Tuesday and ripped out the famous red-tailed hawk's nest.
The act appeared to end an urban drama that has fascinated bird-watchers over the past nine years, as Pale Male and a succession of mates raised 25 chicks -- the last trio of fledglings last June -- on the narrow 12th floor ledge over Fifth Avenue.
The hawks also achieved a measure of world fame, through television specials and a book, ``Red-Tails in Love.'' On summer weekends, crowds have gathered at the Central Park boat pond to observe them.
``I am outraged,'' said a teary-eyed Jane Corin, who lives across the street. ``That building has been very good about this until now. It's heartbreaking.''
Pale Male -- so named for his whitish plumage -- and his mate, Lola, were nowhere to be seen as the nest was removed, nor were any of their latest offspring.
``The hawks will come back and find the nest is gone,'' said bird hobbyist Lincoln Karim, an engineer at Associated Press Television News who in summer often lets people view the birds through his giant telephoto camera. ``How could these people do this?''
City Parks Commissioner Adrian Benape said he was consulting with state officials to determine who removed the nest and whether any law or regulation had been broken. Red-tailed hawks are not legally protected, he said but the loss of the birds would hurt because ``they limit the rodent population in an area where natural predators were absent for a long time.''
A doorman at the building said it was managed by Brown Harris Stevens, a prominent Manhattan real estate firm. At the company office, an employee declined to comment.
The New York Times
December 9, 2004
Newly Homeless Above 5th Ave., Hawks Have Little to Build On
By THOMAS J. LUECK
A day after his nest was removed from the facade of a Fifth Avenue co-op building, the intrepid red-tailed hawk known as Pale Male tried to rebuild yesterday, carrying mounds of twigs from Central Park in what experts said might be a futile attempt to reclaim his home of 11 years.
"This looks like a Sisyphean task," said Adrian Benepe, the city's parks commissioner, who was one of dozens of people who stopped by the edge of the park at East 74th Street yesterday to watch Pale Male and his mate, Lola. Despite the hawks' instinctive nest building, he said, their twigs would probably blow away because a network of steel spikes that held the previous nest in place had also been removed.
With the fate of the red-tailed hawks uncertain, federal officials said yesterday that the co-op at 927 Fifth Avenue, where Pale Male has occupied a 12th floor cornice since 1993, was authorized to remove the nest, despite the angry recriminations from naturalists and bird watchers.
A lawyer for the co-op, Aaron Shmulewitz, said in an interview that the nest had been taken away on the advice of the building's engineer, who concluded that it violated city health and safety laws. But a spokeswoman for the Department of Buildings, Ilyse Fink, responded with skepticism.
"They are trying to use city regulations as a rationale," Ms. Fink said. "If there was a valid public safety concern, we wouldn't say, 'Take the nest down.' We'd say, 'Make it safe.' "
Late yesterday, about 25 people gathered across Fifth Avenue from the co-op building for a vigil called by the local chapter of the Audubon Society. They called on its residents to return the hawks' nest to its roost.
"We have gotten a tremendous amount of e-mails from people who want to see the nest brought back," said E. J. McAdams, executive director of the group, New York City Audubon. "We thought this was the most expedient thing to do," he said, adding that the group had "very little success getting through" to the co-op's board or residents.
"Pale Male is an ambassador of the wild in New York City," Mr. McAdams said. "We would like to see the building have a change of heart."
When he arrived at the building in 1993 and built his nest, Pale Male brought an unlikely wildlife habitat that attracted bird lovers from around the world. The sight of a brightly colored hawk with wings that span more than four feet presiding over a nine-foot-wide nest in the middle of Manhattan was one hard to duplicate.
And Pale Male became a celebrity. The subject of a book and public television documentary, he sired 23 youngsters from the nest that was removed on Tuesday, and became "the most famous red-tailed hawk in the world," Mr. Benepe said.
But some residents of the building have long been known to consider the huge hawks, which prey on pigeons and rats, a nuisance. Mr. Shmulewitz said yesterday that the hawks had brought "torn and bleeding animal carcasses" to the building's roof and sidewalk.
Until recently, the nest was protected by a federal treaty, first enacted in 1918 and administered by the Fish and Wildlife Service, which prevented the destruction of nests in migratory bird habitats. But Terri Edwards, a spokeswoman for the Fish and Wildlife Service, said yesterday that the agency had issued a clarification of the rules in 2003 that allows the destruction of migratory bird nests if it is done during a season when the nests are not being used to hatch or raise offspring.
Ms. Edwards said a representative of the building had contacted her agency and obtained permission before the nest was removed on Tuesday.
Pale Male's fate is a matter of intense speculation by ornithologists and bird watchers.
"He will try to rebuild, but as things keep sliding off the cornice, he will be unsuccessful," said Nancy Clum, assistant curator of ornithology at the Bronx Zoo.
"He may stay in the area, in a tree or on another building, or he may just pick up and leave," she said.
Mr. McAdams said the chances were good that Pale Male would remain as close as possible.
"Red-tailed hawks have a great fidelity to the nest," he said. "He has been very successful in that nest over the last 10 years, and he will want to stay as close as possible."
Mr. Benepe said he would be happy to see Pale Male pick a tree in Central Park for his new nest, but added that the prospect was not good because red-tailed hawks prefer the stability of building facades to tree limbs, which sway in the wind. He said he would encourage building owners in Manhattan to provide platforms that might be claimed by Pale Male or other red-tailed hawks in search of a safe place.
Janon Fisher contributed reporting for this article.
The New York Times
The New York Times Op Ed
Squatting Rights
Published: December 9, 2004
There is no historic preservation district or landmarks commission for hawks' nests. But if there were, the red-tailed hawk's nest at 927 Fifth Avenue, overlooking Central Park at 74th Street, would surely have qualified. Until Tuesday, the nest stood on a 12th-floor cornice with a sublime aerial view of the urban forest in our midst. Since 1993, 23 young hawks have been raised there, sired by a bird called Pale Male. Thousands and thousands of bird-watchers over the years have followed the lives of the hawks in that nest. But this is not an homage to bird-watching - it's an homage to birds.
On Tuesday, workers took down the nest and, apparently, the metal anti-pigeon spikes that had helped hold it in place. So far, no one from 927 Fifth Avenue has spoken up to defend the co-op board's decision to remove the nest. Perhaps residents were annoyed that the hawks didn't do a better job of cleaning up after themselves by using a pooper-scooper or putting their pigeon bones in the trash, the way a human would. Perhaps they simply wearied of the stirring sight of a red-tailed hawk coming down out of the sky to settle on its nest.
It's always tempting to think that a city like New York has utterly effaced the natural ground on which it was built. Most of the creatures that lived on Manhattan Island several centuries ago would stand no chance of doing so now - not in these new canyons of steel and glass. But the presence of a nesting pair of red-tailed hawks, sequestered on the edge of an apartment building, feels like a memory from a past this city has long since forgotten.
The hawks have gone out of their way to learn to live with us. The least the wealthy residents of 927 Fifth Avenue could have done was learn to live with the hawks.
The following is a letter to the Fish and Wildlife service at contact@fws.gov by Brian W. Carver
Hello,
I am writing to ask if someone within the Department of Interior is investigating what appears to be a clear violation of Federal Law, 16 U.S.C. Sec. 703, the Migratory Bird Treaty, which occurred at 927 Fifth Avenue New York, New York on or about Tuesday, December 7, 2004.
As the New York Times reported today, the nest of a pair of red-tailed hawks was removed yesterday by workers employed by the apartment building at the above address. See, NY Times Dec. 8, 2004, NY Region section, "New York Celebrities Evicted on Fifth Ave., Feathers and All" By Thomas J. Lueck.
The Migratory Bird Treaty provides, in relevant part, "it shall be unlawful at any time, by any means or in any manner, to...take...attempt to take...transport or cause to be transported, carry or cause to be carried...any migratory bird, any part, nest, or egg of any such bird... included in the terms of the [treaty]."
It was also decided in United States v. Blanket, 391 F. Supp. 15 (W.D.Okl. 1975) that the red-tailed hawk was included within the terms of the Migratory Bird Treaty due to its inclusion through a supplemental agreement of March 10, 1972 between the President of the United States and the President of Mexico. Id. at 18.
Finally, 16 U.S.C. Sec. 706 provides that any employeee of the Department of the Interior, authorized by the Secretary of the Interior, shall have the power to execute a warrant issued for the enforcement of the treaty, and that a Federal judge may issue a search warrant, upon a showing of probable cause, which Interior employees may execute.
I would recommend that the Department seek such warrants immediately, as evidence of the nest's destruction may no longer be present if not discovered quickly. Witnesses were apparently interviewed for the New York Times article cited above, and their testimony and cooperation should also be promptly sought.
I hope that the Department of Interior agrees with me that those responsible for this crime should be punished to the full extent allowed by law. It would be my hope that the Department would begin coordinating with the United States Attorney's Office on this matter immediately.
Thank you for any information you may be able to provide about this.
Brian W. Carver
UC Berkeley School of Law (Boalt Hall), Class of 200