These open oil pits become death traps for wildlife, particularly migratory birds, stated LeClair. Birds cannot tolerate even minute amounts of oil on their feathers, and quickly lose their ability to fly or float.
The oil retention basin named in the charges is located on Blackbrook Road in Painesville Township, on property owned by Berick and the corporations. Used as a settling basin for brine from active oil and gas wells in the area, the pit resulted in the take of 59 Canada geese and one mallard duck between May 31, 1991 and June 24, 1995.
Flying birds are attracted to the uncovered pits and tanks, mistaking them for natural bodies of fresh water. The sticky nature of the oil can entrap birds in the pit, where they die of exposure and/or exhaustion. Once the integrity of the feathers are violated by oil, birds lose their ability to fly, control body temperature and float. Death comes by drowning, exposure, starvation, dehydration, predation and poisoning.
A casual observation of a contaminated site seldom reveals the seriousness of the problem. Birds trapped in ponds or tanks may be difficult to see. To the untrained eye, a dead bird may look like a blob of oil. Some birds entrapped in oil pits may sink and go undetected. Birds that do manage
to escape can die from starvation or the toxic effects of oil ingesting during preening. Those ingesting a small (non-lethal) amount of oil can later experience impaired reproduction.
The U.S. Fish and Wildlife Service is authorized to carry out its responsibilities under the existing Migratory Bird Treaty Act (MBTA) which provides for the protection and harvest of migratory birds. The MBTA (16 U.S.C. 703-711) prohibits the taking of migratory birds. Taking can include the following activities resulting in the wrongful deaths of migratory birds: exposed oil waste pits, hazardous material spills and oil spills. The maximum criminal penalty for corporations convicted of unlawfully taking a protected migratory bird is a $10,000 fine for each count. The maximum penalty for convicted individuals is a $5,000 fine, six month incarceration, or both, for each count.
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 which encompasses more than 530 national wildlife refuges, thousands of small wetlands and other special management areas. It also operates 66 national fish hatcheries, 64 fishery resource 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 fish and wildlife agencies. For further information about the programs and activities of the U.S. Fish and Wildlife Service in the Great Lakes-Big Rivers Region, please visit our home page at: http://midwest.fws.gov
