[mou] The Bird Conservationist -- forward

[Jim Williams]

THE BIRDER CONSERVATIONIST
an electronic ABA newsletter

Volume 2, No.3 =96 March 2003


AN INTRODUCTION

Last month's E-newsletter was distributed just before the FY 03 budget
figures were finalized, and we presented some likely projections on budget
issues close to the hearts of many birders. These included dire predictions
on state-based wildlife funding (State Wildlife Grants), the Neotropical
Migratory Bird Fund, the National Wildlife Refuge budget, the National
Parks budget, and the Land and Water Conservation Fund (LWCF). The final
figures were not universally as low as we had projected, but they were
still universally disappointing. Even the highly successful North American
Wetlands Conservation Fund (NAWCA) was trimmed.

There is no need to go over those figures again here. Suffice it to say
that FY04 is upon us and that core bird-funding issues will have to be
watched. (See the note toward the end of the E-newsletter on "Bird Funding"
if you want me to send you other e-mail updates on this particular set of
issues.)

        =96 Paul J. Baicich
            Director of Conservation and Public Policy, ABA

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CELEBRATION!
U.S. FISH AND WILDLIFE SERVICE, REFUGES, AND THE CENTENNIAL:

This month, on 14 March 2003, America will officially celebrate the
one-hundredth anniversary of our fabulous National Wildlife Refuge System.
There will be an official celebration, a major event, taking place at
Pelican Island NWR over a number of days. (Watch for media coverage on
this, by the way.) Elsewhere, and perhaps more importantly, at refuges
across the country, there are scheduled many individual celebrations this
month.

As mentioned here last month, the U.S. Postal Service will also release a
beautiful new postage stamp mid-month, depicting a Brown Pelican,
commemorating Pelican Island and the Centennial. (You can view the stamp
here: <http://refuges.fws.gov/centennial/pelicanStamp.html>)

And that's not the end of it. The centennial celebration will continue all
year. Watch for more news. (WINGING IT will have centennial items in March,
and the April BIRDING will be, in large part, devoted to the Refuge
System.) The USFWS web site will have regular news on centennial
activities: <http://refuges.fws.gov/centennial/>

___________

CORRECTING THAT "ISOLATED WETLAND" INTERPRETATION

The Clean Water Authority Restoration Act will seek to remedy a 2001
Supreme Court decision (the so-called SWANCC decision, or Solid Waste
Agency of Northern Cook County v. U.S. Army Corps of Engineers) that we
discussed in this E-newsletter in February. That court action removed
federal protection for so-called "isolated wetlands" across the United
States. (This impacts millions upon million of acres of wetlands.)

The Supreme Court decision, interpreted overbearingly by the Bush
administration, has said that federal officials could not rely on the
Migratory Bird Treaty Act - or the presence of migrating birds - as the
sole factor when attempting to protect wetlands that are separated from
navigable waterways or other wetlands. Essentially, the decision stripped
federal protection from critical wetland habitat.

Until that court decision, the federal Clean Water Act had prohibited land
owners from draining most types of wetlands. That prohibition included
small, isolated, and often temporary wetlands, often critical breeding
ground for wetland species (from ducks to wrens). The long-standing
interpretation of the Clean Water Act for that purpose by the U.S. Army
Corps of Engineers was specific enough to be referred to over the years as
the "migratory bird rule." (This shift has now left protection of many key
individual wetlands resting with a provision of the Farm Bill called the
"Swampbuster," a highly effective but essentially voluntary program that
encourages farmers - but not others - not to drain wetlands.)

We said in February that "strengthening amendments to the Clean Water Act
would resolve ambiguities and damaging interpretations" but that it was a
long shot to pass in this 108th Congress. In fact, correcting legislation
presented last year in the 107th Congress by Rep. John Dingell (D-Mich.)
stating specifically that such isolated wetlands should be protected for
the benefit of migratory birds. But without support from the Bush
administration, the bill died in committee.

Again, proposed correcting legislation, the Clean Water Authority
Restoration Act, was introduced in late February in the Senate (S. 473) and
in the House (H.R. 962), cosponsored by Sens. Barbara Boxer (D-CA), Russ
Feingold (D-WI), and James Jeffords (I-VT), and Reps. Sherwood Boehlert
(R-NY), John Dingell (D-MI), Jim Leach (R-IA), and James Oberstar (D-MN).
This legislative effort in both the House and Senate takes a important step
forward in the effort to protect all wetlands, and it deserves the support
of all bird conservationists.

_____________________

BOLIVAR LAND-ACQUISITION OPPORTUNITY

There have been many reports on the status of wetlands in this E-newsletter
(e.g. the previous news item) over multiple issues, here is a particularly
positive development, a bright spot.

You may remember the NAWCA story a few issues ago (December 2002) and the
reference to the effort - assisted by ABA - to acquire Bolivar Flats, on
the Texas coast, for shorebirds and waterbirds. Right now there's an
expanded opportunity to acquire more property, right next door, as it were.

The Houston Audubon Society has been working hard for about two years on a
project to acquire 750 additional acres on the Bolivar Peninsula known as
the Horseshoe Marsh. It is a beautiful saltmarsh area with exposed oyster
reefs at low tide and yet also with some significant upland habitat. It
serves as habitat for many shorebirds, Roseate Spoonbills, terns, American
Oystercatchers, Long-billed Curlews, Seaside Sparrows and other species.

Houston Audubon has now received the appraisal for almost $800,000. While
the effort has been supplemented by another federal NAWCA grant to protect
the wetlands, there is still a need to raise about $300,000 to complete
this acquisition.

To find out more about this effort to raise funds and to make a
contribution, check out details on the ABA web site:
<http://www.americanbirding.org/news/newsbullet2b.htm>

___________

AN EVOLVING DUCK STAMP?

Another link to wetlands concerns the success story of the almost
70-year-old Duck Stamp program of the USFWS. The Federal Duck Stamp Office
has been engaged in an effort to review the strengths and weakness of the
Duck Stamp Program. The office is asking key partner groups and related
USFWS staff to help get a better understanding of the environment in which
they are operating. This is part of getting the stamp and stamp office to
"align" activities and "be ready to respond to and address the challenges"
they face in the process of formulating a five-year strategic/business plan=
.

The Stamp has been successful in the past and has been a historic mainstay
of the National Wildlife Refuge System, raising over $500 million to
acquire about 5 million acres of wetland habitat for the National Wildlife
Refuge System. Hunters have done a great 70-year job in bearing the
responsibilities for wetland habitat acquisition through the stamp. But
sales are slipping, and much work remains to be done.

The "duck" stamp (officially called the "Migratory Bird Hunting and
Conservation Stamp") needs to be modernized, to catch up to where bird
conservation has gone, where it has evolved. The bird conservation
community needs an improved stamp that -
   A)  overtly covers more species than ducks and other waterfowl
   B)  addresses more habitat in the refuges well beyond wetlands
   C)  addresses the new needs of 21st century bird conservation planning
and management
   D)  embraces a broader constituency of birders, wildlife watchers,
backyard wildlife enthusiasts and eco-tourists

Indeed, an "expanded" Migratory Bird Hunting and Conservation [Duck] Stamp
makes a lot more sense that a "new" or "alternative" or "nongame" stamp.
Creative thinking could lead to an expanded stamp for ALL birds (with
primary emphasis on the original wetland habitat purpose), for different
aspects of bird conservation, and for a strengthened refuge system.

(By the way, possession of a valid "duck stamp" currently gets holders into
all National Wildlife Refuges that charge an entrance fee.)

When the stamp was created by bird-conservation visionaries in 1934, the
waterfowl species were in deep trouble. The stamp and the refuge system
succeeded magnificently in helping save them. Now other species are in
trouble, and their plight needs to be highlighted. Last month we mentioned
the USFWS report on "Birds of Conservation Concern"
(<http://migratorybirds.fws.gov>). These 131 species are among the birds
that need immediate help today. Some are in wetland habitats, others are in
woodlands, deserts, or grasslands. An expanded, retooled, stamp could help
raise the funds to make addressing their conservation possible.

Watch here and elsewhere in ABA publications for more details. In the
meantime, for a great summary on the history and function of the wonderful
Migratory Bird Hunting and Conservation Stamp see:
<http://duckstamps.fws.gov/>

______________________

BIRDERS' EXCHANGE BOOKS MAKE MORE FRIENDS

Birders are increasingly familiar with our successes in supporting
colleagues in Latin America with new and used field equipment and books
through Birders' Exchange. While we have a real need for field guides for
locales in the Neotropics (indeed, a "most wanted" list appears in the
March issue of WINGING IT), lots of our friends don't realize that we need
"North American" field guides, too!

We particularly need "Eastern Petersons" (for Cuban and other Caribbean
distribution) and "National Geographics" (mainly for Mexico). Fortunately,
both these volumes have recently been updated, making your older copy ideal
for contribution to Birders' Exchange! Send this and other birding
equipment to Birders' Exchange, ABA, P.O. Box 6599 Colorado Springs CO
80934. You will receive a receipt for tax purposes. For more details on
Birders' Exchange see: <http://www.americanbirding.org/bex/>


_______________________

MORE LEAD

In our January 2003 issue of this E-newsletter, we discussed the problems
surrounding lead shot, sinkers, and jigs with their impact on birds.

We neglected to mention that at its September 2002 meeting the American
Bird Conservancy's Policy Council passed a unanimous resolution to
"encourage programs aimed at reducing the threat of lead poisoning in
birds." This is not simply an American issue, since countries in Europe,
for example, and also Japan have already banned lead ammunition and lead in
fishing tackle altogether.

For detailed information you may also want to see the information on the
Hawkwatch Internationalis web site:
<http://www.hawkwatch.org/latest_news.htm>. (Check the lead poisoning
report link toward the bottom of the page.)

____________

VULTURE EXCESSES?

The U.S. Department of Agriculture (APHIS Wildlife Services) has a pending
permit application to destroy 2,500 Black Vultures and 1,500 Turkey
Vultures in Virginal annually. This is an unprecedented figure.

The purpose of this Vulture Damage Management Program is intended to reduce
predation on livestock, damage to public and private property, and threats
to human health. We birders should certainly not be unsympathetic to
homeowners, farmers, and community officials who may have "nuisance
problems" with vultures on a regional basis. A host of non-lethal methods,
however, must first be employed, ranging from pyrotechnic devices, to wire
barriers and deterrents, to modified habitat alteration. Moreover, the
State of Virginia and Wildlife Services (with the cooperation of the USFWS)
need to increase public education and outreach efforts to prevent vulture
damage, to teach the public how to co-exist with these birds, and to
appreciate their unique role in nature.

As to direct impact to human health, WS cannot document any case of disease
or illness transmitted by vultures in Virginia to humans or animals.
Vultures function as a natural "clean-up crew," protecting public health
through disease control and carrion removal. Indeed, the scientific
literature has long documented the beneficial role of vultures removing
pathogens or disease organisms from the environment from carrion
consumption.

We at ABA have urged denial of the WS-Virginia vulture take permit and we
have raised objections to the vulture program in its current form. WS
should be required to complete an EIS on its vulture program in Virginia
before any further lethal vulture takes occur. There should be emphasis on
the use of nonlethal techniques to manage vultures. Individual permits
should be based on each given location with an identified problem.


____________


CONDOR LESSONS

The proposed elimination of large numbers of vultures in Virginia (i.e.,
above news item) is a reminder of vulture issues elsewhere, not the least
of which is the status of our largest vulture, the California Condor.
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In mid-February, the last California Condor (AC-8) born in the wild was
discovered dead in southern Kern County, California. A necropsy determined
that the bird succumbed to gunshot. AC-8 was believed to be more than 30
years old. She was a matriarch among the condors and had produced 12
offspring in captivity. The California Department of Fish and Game is
working very closely with the USFWS to find the person or persons
responsible for this terrible crime.

The event is senseless, tragic, and may constitute a setback for the
campaign to reintroduce the condors into the wild, but it also gives one
additional pause. Had there been no captive breeding program - as advanced
by "hands-off" advocates in the 1980s - the California Condor would now be
extinct. With the death of AC-8, the species would now be history. Gone!

Instead, there are 118 birds in captivity and 79 in experimental wild
programs. (Indeed, three more birds are currently being released in an
experimental program in Baja California.) There are now more free-flying
condors in Arizona than existed for the entire species in 1987 when the
last wild condor in California was brought into captivity. The total
population then only consisted of 27 individuals.

The cruel death of AC-8 proves that the bird needs increased protection
from irresponsible human behavior. The public also needs to view,
appreciate, and defend these magnificent birds, and the ongoing
reintroduction programs in California and Arizona require strengthened
support. Once those objectives are close to being met, the recovery goal of
two disjunct wild populations of 150 birds each (with at least 15 breeding
pairs in each of the two locations) will begin to look achievable.

__________

SPOONBILL UPDATE

We've been monitoring the Black-faced Spoonbill situation in Taiwan for
recent multiple issues of THE BIRDER CONSERVATIONIST (e.g., October,
January, and February).

Two outbreaks of botulism decimated the spoonbills in southwest Taiwan
earlier this winter. It wasn't just spoonbills that were dying. In the area
around the Sitsao wetlands - located on the south side of Tsengwen River -
bird conservationists also found remains of other birds, including egrets
and snipes.

Readers will be pleased to know, however, that after receiving treatment
for weeks, 15 of the highly endangered Black-faced Spoonbills were returned
to Chiku Lagoon in Taiwan County, in late February. (Starting in early
December, 90 Black-faced Spoonbills in Chiku Lagoon had been infected by
botulism, and 73 died.)

Moreover, for the first time since the mid-1990s, according to the Wild
Bird Federation of Taiwan (WBFT), WBFT, the global population of the
endangered species exceeds 1,000. The population has increased from 969
last year to 1,036 this year. In Taiwan, 585 spoonbills were observed.

In an effort to seek international assistance to address potential threats
to the species, the local government will hold an International Symposium
on Black-faced Spoonbill Conservation in late March.

As the spoonbills leave for the north, something which will occur shortly,
the local government will focus on improved habitat alteration and
management in order to create more food sources for the species. To achieve
that goal, for example, nearby fish farm operators will be ordered to
comply with habitat management rules established by the local government.

____________

BIRDING TRAILS ON ABA WEB SITE

Last month we mentioned how federal transportation dollars can sometimes be
used for creative purposes - including roadside enhancements,
rails-to-trails issue, or other kinds of recreational trails. The "birding
trail" phenomenon has been one constructive use of governmental
transportation dollars.

You may remember the article in the October 2001 issue of BIRDING, by Bill
Shepard of Vermont on the subject of birding trails. Shepard wrote that
birding trails are functional "gateways to conservation." Indeed, these
recreational and educational trails have a real bird conservation
significance. Perhaps, most importantly, they help to build a constituency
dedicated to the regional preservation of bird habitat and community
interest in appropriate stewardship.

ABA has now incorporated a creative new listing of birding trails on the
ABA web site. For that listing and the related conservation message, go to:
<http://www.americanbirding.org/programs/constrails.htm>

_____________________

ROAD RAGE =96 RS 2477

While we've introduced some constructive potential in the projected
five-year Transportation Bill, outlining opportunities to use that
instrument for increased appropriate access and roadside enhancements,
there is another disturbing development "on the other side of the road."

The Bush Administration is now relying on portions of a long-dormant Mining
Act of 1866, known as RS 2477, to allow the transformation of little-used
or abandoned wagon roads, cattle paths, dogsled routes, and mining trails
into roads, some of them paved. We certainly do need sensible access for
birding afield, but we don't need a spider-web pattern of Jeep and ORV
trails running through vital habitats. The resuscitation of RS 2477 can
seriously facilitate local right-of-way claims across federal lands,
including those on national parks, national wildlife refuges, and proposed
wilderness areas.

Local claims are to be resolved by the Bureau of Land Management, without
giving the public an opportunity to appeal. This will hand over lands owned
by the public to localities, and the consequences could be particularly
hard in Alaska and the West.


_____________


SHORTIES AND FINAL NOTES


BIRD FUNDING - As mentioned in last month's issue of this E-newsletter,
bird conservationists are beginning to coalesce around five vital funding
issues, necessary for healthy bird conservation. These include four
essential legislative vehicles (the North American Waterfowl Conservation
Act [NAWCA], the Neotropical Migratory Bird Conservation Act [NMBCA], State
Wildlife Grants [currently, half-measure toward CARA-like legislation], and
Joint Venture funding. Also increased general budget support for
science-based activities in bird work is another bedrock element in the
immediate "wish list" for medium-term bird funding goals. Look for more
details here in the coming months and in an upcoming issue of WINGING IT.
If you want a regular bird-funding e-mail letter from me, let me know
<pbaicich@aba.org>, and I'll put you on the list to get updates.

THE ALL-BIRD BULLETIN - This is an irregular news and information-sharing
publication for participants in the North American Bird Conservation
Initiative (NABCI). It is full of important information related to the
continental bird plans. To receive the ALL-BIRD BULLETIN in a pdf format,
contact <Roxanne_Bogart@fws.gov>.

THE ABA CONSERVATION FUND - Our ABA Conservation Fund is one way we
maintain a robust birder's conservation agenda at ABA. (Contributions to
the fund can be made online at
<https://commerce10.pair.com/ambirder/abasuppforms.htm> or simply sent to
the ABA offices =96 P.O. Box 6599 Colorado Springs CO 80934 =96 made out to ABA
and marked "Conservation Fund.")

BIRDING NEWS - There is also bird-related conservation news regularly put
on the ABA web site on the "Birding News" page:
<http://www.americanbirding.org/news/birdnews.htm>.

GETTING THIS NEWSLETTER - If you have an ABA friend who would like to
receive this E-newsletter, have him/her contact me at <pbaicich@aba.org>.
If that birding friend is not an ABA member, membership can be secured
on-line: <http://www.americanbirding.org/memform.htm>.

CHANGE OF ADDRESS - My e-mail address has changed from <baicich@aba.org> to
<pbaicich@aba.org>. I'll continue to get messages sent to the old address
for some time, but changing my address in your address book would probably
avoid a future surprise.

REPRODUCTION - Finally, you are welcome to reproduce any of this
information. Original ABA source-citing would be appreciated. The past
issues of this newsletter, THE BIRDER CONSERVATIONIST, are now archived on
the ABA web site at:
<http://www.americanbirding.org/programs/constbc.htm>


=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D
 Paul J. Baicich
 Director of Conservation and Public Policy
 American Birding Association
 P.O. Box 404
 Oxon Hill, MD 20750

     301-839-9736 (839-wren)
     301-839-2763  [fax]

ABA: A lot more than listing!
Check out the ABA web site:  <http://www.americanbirding.org/>
And for our online birding store: <http://www.americanbirding.org/abasales/=
>

"Those who contemplate the beauty of the earth find reserves of strength
that will endure as long as life lasts."
    -- Rachel Carson



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