Migratory Birds and Raptors
The Migratory Bird Treaty Act (MBTA) (16 U.S.C. 703-712) prohibits the taking, killing, possession, transportation, and importation of migratory birds, their eggs, parts, and nests, except when specifically authorized by the Department of the Interior.
According to bird enthusiast, “kill” and “take” also apply to indirect activities, such as bird collisions with communications towers, however, this issue remains under debate within the court system. The U.S. Fish and Wildlife Service estimates that between 4-5 million migratory birds are killed annually by communications towers. Depending on the agency consulted, this number may vary to as low as 40-50,000 bird deaths annually and as high as 10 million.
The one fact which can be agreed on is that birds collide with towers, particularly during inclement weather. Songbirds appear to be the species most heavily impacted, although waterfowl, shorebirds, and other species’ impacts have also been documented to a lesser extent. While studies are ongoing throughout the country to determine other variables which may affect the rate of bird collisions with towers, such as tower lighting, the U.S. Fish and Wildlife Service has developed Interim Guidelines for Recommendations on Communications Tower Siting, Construction, Operation, and Decommissions. At this time, these guidelines are to be implemented on a voluntary basis.
M&A has a thorough working knowledge of these guidelines and can advise clients on constructing towers within these guidelines while ensuring that Federal Aviation Administration requirements are also met.
In addition to birds colliding with towers, communications tower companies also face issues when birds such as eagles and osprey build nests atop towers. These nests may limit collocation and tower extension activities proposed for existing towers. Additionally, the construction or modification of towers may be limited when eagle nesting locations are known to exist within a certain radius of the existing or proposed tower.
M&A’s staff of field biologists can perform habitat assessments to determine if a proposed or existing tower is located within a critical habitat area. Additionally in the instance that a nest is identified atop a tower, M&A will ensure that the appropriate Federal and State permits are obtained in order to temporarily relocate nests during the non-nesting season so that routine maintenance or enhancement of existing towers may occur. |
