Federal Communications Commission Announces Rulemaking that Could Protect Millions of Migratory Birds
For
Immediate Release: November 3, 2006
Contact:
, Director of Public Relations, American Bird Conservancy,
202/234-7181 ext. 216
, 202-234-7181 ext. 209
(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) 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.
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ABC is the only 501(c)(3) organization that works solely to conserve
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ABC acts to safeguard the rarest bird species, restore habitats,
and reduce threats, while building capacity in the conservation
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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
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through alliances, partnerships, and networks. ABC counts
among its staff some of the foremost experts in bird conservation
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