Thought you might find this FCC proposed rulemaking of interest.
Dean Cutten
Victor Harbor, SA
Australia
-----Original Message-----
From: Ornithological Council Legislative Alert System On Behalf Of
Ellen Paul
**mediate Release: November 3, 2006**
*Federal Communications Commission Announces Rulemaking that Could
Protect Millions of Migratory Birds*
*(Washington, D.C.)* - The Federal Communication Commission (FCC)
announced today it will propose a rulemaking that could help prevent the
killing of millions of migratory birds at nearly ninety thousand
communications towers throughout the United States.
"American Bird Conservancy is pleased the FCC responded to the mounting
scientific evidence that millions of migratory birds are being killed
every year by communications towers, and acted swiftly to release this
proposed rule," said George Fenwick, President of American Bird
Conservancy. "Migratory birds - from the Baltimore Oriole to the
declining Cerulean warbler - are a valuable natural resource and an
important part of America's heritage."
In 2002, American Bird Conservancy, Forest Conservation Council, and
Friends of the Earth filed a lawsuit against the FCC (the federal agency
that licenses the building and operation of towers in the United
States), charging that bird fatalities could be avoided if the FCC would
mandate avoidance and mitigation measures for towers known to prevent
bird kills. These measures, advocated by the U.S. Fish and Wildlife
Service (FWS) and backed by scientific research, include: collocating
antennas on existing structures, building towers less than 200 feet tall
to avoid having to light them for aircraft visibility, using red or
white strobes on towers over 200 feet tall instead of solid state or
slow pulsing lights, and using monopole construction rather than guy
wires.
"We look forward to continuing to work with the FCC and the
communications industry to ensure the final rule will prevent future
avian mortality due to towers, which the U.S. Fish and Wildlife Service
has said, 'violates the spirit and intent of the Migratory Bird Treaty
Act... Endangered Species Act and Bald and Golden Eagle Act,'" said
Fenwick.
FWS estimates that as many as 50 million birds are killed each year at
towers throughout the United States. An American Bird Conservancy report
analyzing documented tower kills (www.abcbirds.org/policy/towerkill.htm
<http://www.abcbirds.org/policy/towerkill.htm>) lists 230 species -
*over one third of all avian species found in the United States *- that
are known to be* *killed at towers, including many species of
conservation concern such as the Blackpoll Warbler, Gray-cheeked Thrush,
and Yellow-billed Cuckoo.
The vast majority of bird mortality occurs during fall and spring when
night-migrating birds are attracted in large flocks to the aviation
safety lights on towers. The lights, especially red solid-state or slow
pulsing lights, interfere with the birds' celestial navigation cues,
particularly during poor visibility conditions such as rain and fog.
Confused, the birds fly around the towers repeatedly, crashing into one
another, the tower, its guy wires, or the ground. Others simply drop
from exhaustion.
In 1999, the FWS Director wrote the FCC Chairman urging action in
completing a comprehensive Environmental Impact Statement on tower kills
under the National Environmental Policy Act (NEPA). In 2000, FWS
published /Guidelines for the Siting and Construction of Communications
Towers/ to minimize the mortality of migratory birds. The FCC has thus
far ignored these guidelines, as they have ignored the Federal Aviation
Administration's (FAA) recommendations on the use of white or red
strobes on towers because of their higher visibility to pilots and their
reduced impact on birds.
### 30 ###
ABC is the only 501(c)(3) organization that works solely to conserve
native wild birds and their habitats throughout the Americas. ABC acts
to safeguard the rarest bird species, restore habitats, and reduce
threats, while building capacity in the conservation movement. ABC is
the voice for birds, ensuring that they are adequately protected; that
sufficient funding is available for bird conservation; and that land is
protected and properly managed to maintain viable habitat.
ABC sets the bird conservation agenda by using the best science
available to determine the highest priorities and the best solutions,
and then communicating these priorities to the conservation community
and the public through alliances, partnerships, and networks. ABC counts
among its staff some of the foremost experts in bird conservation in the
United States, and partners with many others throughout the Americas.
ABC is a membership organization that is consistently awarded a top,
four-star rating by the independent group, Charity Navigator.
Steve Holmer
Director of Public Relations
American Bird Conservancy
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www.birding-aus.org
birding-aus.blogspot.com
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