The fine was imposed after the president of the companies, Joseph Berick, pleaded guilty on behalf of the two corporations in U.S. District Court in Cleveland, Ohio, to 10 counts of unlawful taking of migratory birds in violation of the Migratory Bird Treaty Act. Charges against the corporations were initially filed May 9, 1996, following a joint 5-year investigation by U.S. Fish and Wildlife Service Special Agent Daniel H. LeClair and wildlife officers from the Ohio Division of Wildlife.
Agents from the two agencies documented 60 ducks and geese injured or killed from 1991 to 1995 due to immersion in an open oil pit owned and managed by the companies near Painesville, about 25 miles east of Cleveland. The pit, over an acre in size and about 12 feet deep, was used as a settling basin and was filled with brine from nearby oil and gas well production. Oil, as thick as 2 inches at times, coated the surface of the entire impoundment.
LeClair stated that birds are attracted to uncovered oil pits and tanks, mistaking them for fresh water. Birds become trapped in the sticky oil on the surface and eventually die from exposure or exhaustion. Even small amounts of oil can affect a birds ability to fly, control body temperature, and float. Oil pits often hide their victims, which sink and go undetected. Larger birds sometimes escape the pits, but those that do may succumb later to poisoning, predation, or starvation. Survivors may experience impaired reproduction.
The conclusion of this cooperative investigation brings a shared feeling of relief to both the USFWS and the Ohio Division of Wildlife stated Field Operations Supervisor, Bill King with the Ohio Division of Wildlife. Our officers have devoted many hours responding to complaints which revolve around this unfortunate situation added King.
The sentence included a $20,000 fine to be used in accordance with the North American Wetlands Conservation Act, which provides that fines collected under the Migratory Bird Treaty Act may be used for approved wetland conservation projects in North America. In addition, the corporations will pay $5,000 to the Lake Metroparks Wildlife Center for expenses incurred during the investigation while caring for injured birds, and a $1,000 special assessment for court costs.
Charges against the two corporations were brought by Assistant U.S. Attorney Phillip J. Tripi, Cleveland, Ohio, under the Migratory Bird Treaty Act, a Federal law that protects songbirds, waterfowl, raptors such as eagles and hawks, and other birds. The Act carries a maximum criminal penalty of $10,000 for corporations for each violation. The Act prohibits "taking" of migratory birds, which can include causing injury or death from exposure to oil waste pits, hazardous materials, and oil spills.
The U.S. Fish and Wildlife Service is the primary Federal agency charged with protecting and conserving our nations wildlife resources. Among the Services responsibilities are implementation and enforcement of the Migratory Bird Treaty Act.
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
