A Utah-based electric utility company was sentenced yesterday in U.S. District Court in Denver, the end of a landmark case involving the protection of migratory birds in the United States.
Moon Lake Electric Association, Inc., which was jointly investigated by the U.S. Fish and Wildlife Service, the Colorado Division of Wildlife, and the Utah Division of Wildlife Resources for illegally killing protected raptors, was placed on probation for three years and ordered to retrofit its utility lines. The company was also ordered to pay $100,000 in fines and restitution for the electrocution of eagles and other raptors that landed on its powerlines and poles in northwest Colorado and eastern Utah.
"This case promises to strengthen protections for migratory birds in this country," said Service Acting Director John Rogers. "Weve worked with the electric utility industry for decades to reduce bird mortalities and have forged many successful partnerships. And thanks to this case, power companies should now have a better understanding of their conservation responsibilities."
Moon Lake pleaded guilty in April to three misdemeanor charges of violating the Bald and Golden Eagle Protection Act and three charges under the Migratory Bird Treaty Act. That plea, however, came after the company unsuccessfully argued to the court that the prohibitions against killing protected birds in the two laws referred only to illegal hunting and did not apply to "unintentional" avian deaths caused by contact with powerlines or other company equipment.
In January, U.S. District Judge Lewis T. Babcock refused to dismiss the charges against Moon Lake in a legal opinion that concluded that both the Migratory Bird Treaty Act and Eagle Protection Act provide a basis for prosecuting utility companies and other businesses whose activities harm protected birds.
The Service recently stepped up its proactive efforts to prevent electrocutions of migratory birds in the Rocky Mountain region where urban sprawl and industrial growth have introduced powerlines and poles into areas long inhabited by eagles and other raptors. These large birds of prey are particularly vulnerable to electrocution hazards because utility poles offer them a place to rest, hunt, or nest. Their large wingspans increase the possibility that they will make fatal contact with exposed conductors.
Over the past two years, Service special agents working on this effort have identified areas where birds are dying, alerted the utility industry or the land management agencies that "own" the hazardous poles, and worked with these groups to find remedies. Avian electrocutions can usually be prevented by adopting available bird protection measures.
Several government facilities (including the Rocky Mountain Arsenal, Pueblo Chemical Army Depot, the Energy Departments Rocky Flats facility, three national wildlife refuges in Colorado, and state-managed wildlife areas in Colorado and Utah) and numerous utility companies have launched proactive efforts to eliminate bird electrocutions after being contacted by the Service or seeking agency help with the problem on their own.
Moon Lake had failed to respond to Service requests to correct repeated problems with power structures that killed at least 17 raptors at an oilfield in Rangely, Colorado. The case against the company was prosecuted by the U.S. Attorney for the District of Colorado and the Wildlife and Marine Resources Division of the U.S. Department of Justice. During Moon Lakes probationary period, the company must retrofit thousands of poles and lines to reduce electrocution threats to eagles and other migratory birds. Under this court-ordered mitigation effort, Moon Lake must hire a consultant to advise management on electrocution problems; prepare and implement an avian protection plan; and sign a Memorandum of Understanding with the Service, the Colorado Division of Wildlife, and Utah Division of Wildlife Resources that documents the retrofitting effort. "Protecting migratory birds is a priority for the Service. We will continue working with the Justice Department to ensure that those who harm this national resource are held accountable," Rogers said. "But as our enforcement program in the West shows, partnership and voluntary compliance may be even more beneficial for birds in the long run."
Last April, Service Director Jamie Rappaport Clark announced plans to improve Service and industry cooperation in reducing avian electrocutions nationwide. In a speech before the Edison Electric Institute in Williamsburg, Virginia, Clark called forexpanded training and education to promote voluntary compliance; the sharing of the Services knowledge of bird behavior with manufacturers working on the design of "bird-friendly" power poles; and public outreach to help utility customers understand the problem.
The U.S. Fish and Wildlife Service is the principal Federal agency responsible for conserving, protecting, and enhancing fish, wildlife and plants and their habitats for the continuing benefit of the American people. The Service manages the 93-million-acre National Wildlife Refuge System comprised of more than 500 national wildlife refuges, thousands of small wetlands, and other special management areas. It also operates 66 national fish hatcheries, 64 fish and wildlife management assistance offices and 78 ecological services field stations. The agency enforces Federal wildlife laws, administers the Endangered Species Act, manages migratory bird populations, restores nationally significant fisheries, conserves and restores wildlife habitat such as wetlands, and helps foreign governments with their conservation efforts. It also oversees the Federal Aid program that distributes hundreds of millions of dollars in excise taxes on fishing and hunting equipment to state wildlife agencies. -F W S-
