Dem Damn Birds. Slide 1. Slide 2. Slide 3. Federal Regulations. MBTA & Corporate America. Gail Garber Hawks Aloft, Inc.

Transcription

1 Slide 1 MBTA & Corporate America Gail Garber Hawks Aloft, Inc. Slide 2 Dem Damn Birds Slide 3 Federal Regulations Migratory Bird Treaty Act Bald and Golden Eagle Protection Act Endangered Species Act

2 Slide 4 History Migratory Bird Treaty Act In 1913, the Weeks-McLean Law went into effect to stop commercial market hunting and the illegal shipment of migratory birds from one state to another. This constitutionally weak legislation was later replaced by the Migratory Bird Treaty Act of MBTA was designed to put an end to the commercial trade in birds and their feathers that, by the early years of the 20th century, had wreaked havoc on the populations of many native bird species. Slide 5 Migratory Bird Treaty Act (cont.) The Migratory Bird Treaty Act is the domestic law that affirms, or implements, the United States' commitment to four international conventions (with Canada, Japan, Mexico, and Russia) for the protection of a shared migratory bird resource. Each of the conventions protect selected species of birds that are common to both countries (i.e., they occur in both countries at some point during their annual life cycle). Slide 6 Migratory Bird Treaty Act 16 USC 703 Purpose Protection of migratory birds, their parts, nests, and eggs. Prohibitions Unless permitted, it is unlawful to pursue, hunt, take, capture, kill, possess, sell, barter, purchase, ship, export, or import any migratory birds (as defined in 50 CFR 10) or any part, nests, eggs, or product thereof. Maximum Penalties: Felony 2 years of imprisonment $250,000/individual $500,000/organization Misdemeanor 6 months imprisonment $15,000/individual $15,000/organization (fines increase for baiting violations)

3 Slide 7 Bald and Golden Eagle Protection Act History In the late 1930's, eagle populations dwindled throughout the United States and Canada. A variety of causes was suspected for the decline, including loss of habitat, illegal shooting, pesticides, electrocution from high voltage lines, and other human disturbances. In 1940, Congress enacted the Bald Eagle Protection Act for the sole protection of the Nation s symbol of freedom. In 1962, the Bald Eagle Protection Act became the Bald and Golden Eagle Protection Act and extended protection to Golden Eagles. Slide 8 Bald and Golden Eagle Protection Act 16 USC 668 Purpose To protect bald and golden eagles, their nests, eggs, and parts thereof. Prohibitions No person shall take, possess, sell, purchase, barter, offer for sale, purchase, or barter, transport, export, or import any bald or golden eagle, alive or dead, or any part, nests, or eggs thereof without a valid permit to do so. Maximum Penalties: Felony 2 years of imprisonment $250,000/individual $500,000/organization Civil - $5,000 Slide 9 Bald and Golden Eagle Protection Act (cont.) Culpability: Criminal Knowingly or with wanton disregard for the consequences of their act. Civil Strict liability Forfeiture All bald and golden eagles and parts thereof; all guns, traps, equipment, vessels, vehicles, and aircraft used in violation of this Act. Rewards Paid to person who provides information that leads to conviction under this Act.

4 Slide 10 Endangered Species Act History In 1970, the Endangered Species Conservation Act of 1969 became effective, prohibiting the importation into the U.S. of species threatened with extinction worldwide. In 1973, the Endangered Species Act became law, recognizing that endangered species of wildlife and plants are of aesthestic, ecological, educational, historical, recreational, and scientific value to the Nation and its people. The Act expanded its scope of prohibited activities to include exportation, take, possession, and other activities involving illegally taken species, and interstate or foreign commercial activities. The implementation of a new threatened category was also added. In 1982, the ESA was amended to include a prohibition against taking plants on federal lands. Slide 11 Endangered Species Act 16 USC 1538 Purpose To protect fish, wildlife, and plants listed as endangered or threatened and identify critical habitat. Prohibitions Unless permitted by regulation, it is unlawful to import, export, take, transport, sell, purchase, or receive in interstate or foreign commerce any species listed as endangered or threatened. Maximum Penalties: Criminal 1 year imprisonment $100,000/individual $200,000/organization Civil Any person who knowingly violates - $25,000 Any person who violates - $500 Slide 12 Endangered Species Act (cont.) Culpability: Criminal Knowingly Civil Knowingly or strict liability Forfeiture All fish, wildlife, and plants subject to civil action. All fish, wildlife, and plants, guns, traps, nets other equipment, vessels, vehicles, and aircraft subject to criminal conviction. Rewards Any person who furnishes information leading to arrest, a criminal conviction, civil penalty assessment, or forfeiture of property pursuant to this Act. The reward amount is designated by the Secretary of Interior as appropriate.

5 Slide 13 Migratory Bird Deaths and the Industrial Factor Migratory bird deaths have been associated with various industrial factors, including power lines, oil pits, copper and potash mines, and wind farms. When bird deaths occur due to the industrial factor, they are still considered takes under the MBTA, whether or not the incident was unintentional. Slide 14 United States v. Moon Lake Electric Association, Inc. Moon Lake was a rural electrical cooperative that provided service to NE Utah and NW Colorado. In 1998, an information was filed by the government charging Moon Lake with 6 violations of the MBTA and 7 violations of the BGEPA due to the electrocution of migratory birds by power lines. This included the deaths of 12 golden eagles, 4 ferruginous hawks, and 1 great-horned owl. The govt. alleged that Moon Lake failed to install inexpensive equipment on 2,450 power poles, therefore causing the death or injury of 38 birds of prey during a 29 month period. Moon Lake moved to dismiss on the ground that the electrocutions were unintentional and, therefore, did not violate the MBTA or BGEPA. Slide 15 United States v. Moon Lake Electric Association, Inc. (cont.) Moon Lake argued that the MBTA and BGEPA prohibits only intentionally harmful acts such as hunting, poaching, and trapping. The court found that the MBTA and BGEPA prohibits conduct beyond that normally exhibited by hunters and poachers, and the court did not interpret the MBTA and BGEPA as being limited to acts committed with specific motives. Therefore, the motion to dismiss the charges was denied. Moon Lake subsequently pleaded guilty to multiple misdemeanor violations and paid $100, in fines and restitution and entered into a 3-year MOU during which it had to retrofit its power equipment.

6 Slide 16 Babbitt v. Sweet Home Chapter of Communities for a Great Oregon Plaintiffs in the case were landowners, companies, and families affected by Endangered Species Act listings, specifically spotted owls and red-cockaded woodpeckers. The plaintiffs challenged the ESA on its face, claiming that Congress did not intend the word "take" to include habitat modification. The Supreme Court upheld the regulation of the Fish and Wildlife Service defining "harm" for purposes of the "take" prohibitions of the Endangered Species Act. The Supreme Court also upheld that harm includes habitat modification that actually kills or injures a listed species. Slide 17 Foreign, Tribal, & State Laws Canada and Mexico have entered into a treaty with the United States, Russia, and Japan providing protection for migratory birds (Migratory Bird Treaty Act). Native American Tribes may provide additional protection to native birds. This additional protection is usually granted by a Tribal Council. States may also provide additional protection to native birds. Most states have a list of endangered state birds which would meet this criteria. Slide 18 Migratory Bird Electrocutions Though the USFWS/OLE may conduct investigations pertaining to bird electrocutions, charges and/or fines may not be filed if the utility company is willing to correct the problematic structures, report all bird electrocutions, and comply with any other agreements set forth by the USFWS/OLE (usually in the form of a Memorandum of Understanding (MOU) or an Avian Protection Plan (APP).

7 Slide 19 Founded in 1994 To conserve indigenous wild birds through avian research, conservation education and, cooperation with others. Hawks Aloft, Inc. Slide 20 Raptor Monitoring Slide 21

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9 Slide 25 Slide 26 HAI Conservation NM Bird Conservation Plan Version 2.1 Partners in Flight Slide 27 New Mexico Avian Protection Working Group

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13 Slide 37 Slide 38 Slide 39 NM Wildlife Rehabilitators The Wildlife Center, Espanola, NM Wildlife Rescue of New Mexico, Albuquerque, NM Santa Fe Raptor Center

14 Slide 40 What happens when a nest mitigation is necessary? Client contacts the US Fish and Wildlife Service and/or Hawks Aloft Client must work with FWS approved company Site visit to assess situation Paperwork, paperwork, paperwork! Mitigation permits generally processed in 48 hours Mitigation begins after permits are in place Slide 41 Western Kingbird Mitigation(S) Slide 42

15 Slide 43 Slide 44 Slide 45 Problems!

16 Slide 46 Problems Associated with Rearing Young in Captivity Hatching Eggs Proper Food and feeding regime The first 48 hours 100% failure rate for nestlings where adults weigh less than 50 grams Imprinting Suitable Foster Parents Species specific pre-release training Appropriate release sites Slide Mitigation Season Workshop: Rearing Songbirds in Captivity Lynn Neibaur Sponsors: PNM, Intel, BHP World Minerals, The Wildlife Center, Hawks Aloft Slide 48 Incubation Egg transport Keep egg stable Let egg breathe If egg has been incubated keep warm At the Facility Place eggs aircell slightly up Hand turn every 2 hours 6 am-8 pm Keep at proper temp. and humidity Weigh daily Candle daily

17 Slide 49 Slide 50 Temperature & Humidity Feeding Schedule Special Diet Super size it! New Techniques! Slide 51 Mountain Bluebird Western species Cavity Nester Uses Flicker cavities Insectivore PNM

18 Slide 52 A New Beginning Slide 53 Ready to Fledge Slide 54

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20 Slide 58 PNM Tree-Climbing Crew Slide 59 Slide 60

21 Slide 61 Slide 62 Burrowing Owl Western Species Nests in Burrows Carnivorous Common in Mitigations Slide 63 Mom! North Corrales Owls

22 Slide 64 Underground Utilities Slide 65 Slide 66 A Community Affair Contacted by PNM 6/9 Consulted with US FWS Worked with neighbors Owl Watch Supplemental Food Work crews monitored Work completed 6/15

23 Slide 67 Other Predators Slide 68 Orphans Trapped 6/23 Reared in captivity by Shirley Kendall Released 8/8 at prairie dog and Burrowing Owl Sanctuary in Hobbs Slide 69 Thank you! PNM, Dave & Lori Kenney, Katherine Mitchell, Mr. & Mrs. Lawrence Garcia, Mr. & Mrs. Bill Edmundson, May Gonzales, Marcelle Fiedler, Shirley Kendall, Mike Stake, Mesa Airlines, Duane Dimas, the Sturgeon Electric Crew (Alex Trujillo, Dennis Garcia, Larry Archibeque, Rob Chritmans, Adam Wysong, Perez Ciddio, Justin Archibeque) and the other unidentified neighbors that held vigil in NW Corrales.

24 Slide 70 Slide 71 A New Burrow Slide 72 Build it and they will come

25 Slide 73 Slide 74 Common Raven Mitigation Slide 75

26 Slide 76 Slide 77 The Final Page Complete report documenting all mitigation activities. Copies to Client, USFWS, and appropriate state agency Slide Rate Sheet Service Item Standard Price Most Favored Customer Salary Project Manager $75/hr $58.23/hr Salary Field Technician $63/hr $48.53/hr Mileage $0.55/mi $0.55/mi Per Diem Actual cost Actual cost Field Equip & supplies Actual cost Actual cost Egg Incubation $9.00/day/egg $7.28/day/egg Custodial Bird Care $12.00/day/bird $9.70/day/bird Food for Bird Care Actual Cost Actual Cost Standard price refers to a new customer Most favored customer has an existing signed agreement that guarantees rates

27 Slide 79 Future Plans Educating corporate America about the true cost of wildlife rehabilitation Building a better network Collaboration among wildlife rehabilitators Standardized billing practices for corporate rescues Partnerships between rehabilitators and corporations More stable funding Slide 80 Major Funders US Army Corps of Engineers US Bureau of Land Management US Fish & Wildlife Service US Forest Service Neutron Energy Several Tribal Agencies Chevron Corp. NM Department of Game & Fish PNM Resources Albuquerque Community Foundation Slide 81 Collaboration Middle Rio Grande Conservancy District Natural Heritage New Mexico SWCA Pueblo of Santa Ana Pueblo of Santo Domingo

28 Slide 82 Photographers Keith Bauer, Doug Brown, Jerry Hobart, Ron Kellermueller, Jeremey Knowlton, Lynn Neibaur, David Powell, Delivan Roper, Sandy Skeba, Mike Stake, Paul Tebbel, U.S. Army Corps of Engineers Slide 83 Thank you! Summit Construction The Wildlife Center Wildlife Rescue of New Mexico Slide 84 Questions? Get me out of here!