Save Cormorants- Kill Eagles-- A Double Standard

The new eastern span of the bridge which crosses the San Francisco Bay between Yerba Buena Island and Emeryville was officially opened in September 2013. As crews demolished the 10,000 foot long steel previous structure where birds roosted, they had to navigate around broadly interpreted state and federal environmental laws designed to protect the feathered critters. To provide homes for the estimated 1,600 double crested cormorants that nested annually on the old span, 2-1/2 foot wide stainless steel nesting platforms were built at a cost of $709,000.

The cormorants' special status: $12.8 million in extra costs for the state

However, even with free rent and other enticements, the custom bird condos for nesting cormorants that were built on the underside of the eastern span of the bridge just can't seem to find many takers, and when the last of the old bridge was carted away this month, the birds moved away as well. ¹ As a state-protected 'species of special concern,' cormorants have enjoyed migratory squatter rights on the Bay and Richmond-San Rafael bridges since they showed up in the region in 1984 from places like Alaska, Mexico and Nova Scotia. The cormorants' special status also meant special treatment, with officials even scheduling the demolition of the old Bay Bridge around the birds' annual nesting season, which runs from April to August. The result was $12.8 million in extra costs for the state. At the same time around $1 million was spent to try and lure the birds off the old span by using everything from cormorant decoys to recorded bird calls played over outdoor speakers. Some of the birds were even furnished with old holiday wreaths for instant nests. But no matter how hard the engineers tried, the cormorants, very much creatures of habit, didn't take the bait.

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Migratory Bird Treaty Act

The birds aren't the only creatures that have gotten special attention. Early on, crews building the $6.4 billion new eastern span had to use 'bubble curtains' to protect fish and marine mammals from the deafening sound of underwater pile drivers. ² Contrast this massive expenditure with the 'free ride' granted to wind farms and solar installations which kill birds and other creatures in massive amounts. A legal double standard exists with regard to enforcement of two of America's oldest wildlife protection laws, the Migratory Bird Treaty Act enacted in 1918 and the Golden and Bald Eagle Protection Act enacted in 1940. Over the past few decades, the Interior Department and the Fish and Wildlife Service have brought hundreds of suits against the oil and gas industry, was well as electricity and utility sector for unauthorized bird kills. ³ In 2012 alone, wind turbines killed 573,000 birds and 888,000 bats. Yet despite the widespread evidence of bird kills by wind turbines, only one enforcement action against the wind industry occurred. Regarding birds and solar, the Ivanpah Solar Electric Generating System, a 2.2 billion solar project in the Mojave Desert, roasts thousands of birds from concentrated sun rays from its mirrors. Once again, no fines. ⁴ In mid-December 2016, the Fish and Wildlife Service issued a final rule allowing wind energy companies to apply for 30 year 'incidental-take' permits, exempting them from prosecution under the Golden and Bald Eagle Protection Act for unintentionally killing eagles, up to a predetermined number every year.⁵

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Yet in one glaring example, a person who merely possesses a single bald eagle feather can be fined up to $100,000 and jailed for a year. ⁶ But operators of the wind turbines that kill eagles get off scot-free. A dual standard? Hard to debate that it isn't. References:

1. Philip Matier and Andrew Ross, “Birds decide to wing it, ignore custom condos on Bay Bridge,” San Francisco Chronicle, April 12, 2017
2. Philip Matier and Andrew Ross, “Caltrans scrambles to lure cormorants to new Bay Bridge span,” San Francisco Chronicle, April 7, 2017
3. Robert Bryce, “Gambling with eagles,” robertbryce.com, May 6, 2014
4. Anthony Watts, “A birds eye view of birds scorching Ivanpah solar electric power plant,” wattsupwiththat.com, August 18, 2014
5. Bonner Cohen, “Feds grant wind energy industry 30 year eagle kill permits,” Environment & Climate News, March 2017
6. Paul Driessen, “Climate crisis,” Canada Free Press, August 23, 2015