[TowerTalk] Potential New FCC Tower Construction Threat

[John Barrett]

Thants an interesting read of the MBTA by the courts, since use of the 
phrase "to kill" usually implies intent and the mention of a permit 
definitivly implies intent.....

Ohhhh interesting thought >> Arent all those commecial towers in existence 
because of a permit issued by the FCC !! OPEN SEASON !!

----- Original Message ----- 
From: "Michael Keane K1MK" <k1mk at alum.mit.edu>
To: <towertalk at contesting.com>
Cc: "Dennis OConnor" <ad4hk2004 at yahoo.com>
Sent: Monday, December 11, 2006 2:10 PM
Subject: Re: [TowerTalk] Potential New FCC Tower Construction Threat


> Well, if it was a turkey, that'd be okay; I sure hope it wasn't a
> hawk. You really don't want to go messing with them migratory birds.
> At least you didn't leave any evidence behind.  :-)
>
> The Migratory Bird Treaty Act of 1918 (MBTA) makes it, among other
> things, "unlawful at any time, by any means or in any manner," to
> kill or attempt to kill any migratory bird except as authorized under
> a valid permit.
>
> The courts have read the MBTA as prohibiting any activity that
> results in the death of a migratory bird, not just hunting. Thus,
> private and commercial activities that have the incidental and
> unintentional side effect of killing migratory birds have been found
> to be violations of the MBTA. And to show a violation, the government
> does not have to prove any intent on the part of the defendant to
> violate the statute, as the MBTA imposes strict liability for violations.
>
> Hit one migratory bird with a truck or whack one with a pebble thrown
> up while mowing your lawn and, in principle, a FWS agent could be
> coming after you.
>
> To get this back onto the subject of towers, ensuring compliance with
> the MBTA is one of the motivating factors cited by the FWS in raising
> the matter of towers and bird kills with the FCC. The FWS argues that
> the broad statutory language of the MBTA prohibits the unintended
> death of even one migratory bird caused by a collision with a tower.
>
> One can only guess what the FWS might have to say about everybody's
> windows. In dealing with such zealots, one can only hope that reason
> will prevail on someone else.
>
> Be careful out there. And watch out for the birdies....
>
> 73,
> Mike K1MK
>
> At 11:09 AM 12/11/06, Dennis OConnor wrote:
>>Birds kill themselves in all ways... It will be roughly a million
>>years before natural selection has selected birds that don't slam
>>into windows and towers and such... Interesting that this topic
>>should come up - I was hit by a bird this morning on the way to the
>>office... Pitch black... I'm doing maybe 38-40 mph on a rural
>>road... In the peripheral vision of my left eye I pick up movement
>>from the left and instantly there is a nearly deafening thud against
>>the upper door post that rocks a 5,000#  truck...  The dog had been
>>sleeping and he is up and scared to death it was that loud and that
>>violent...
>>In after vision my brain says it was speckled grey as it flashed
>>through the reflected headlights off the pavement...  I stop and get
>>out and expect to see damage, but the sheet metal and window looks
>>ok in the flashlight... I turn around and go back looking in the big
>>ditch and out in the field for the bird... I don't see it in the
>>dark... It could have been a hawk but given the solid impact I more
>>suspect a turkey... Wonder why it was flying the blackness and why
>>it didn't avoid a white truck all lit up... I doubt it survived the 
>>impact...
>>
>>denny / k8do
>
> Michael Keane K1MK
> k1mk at alum.mit.edu
>
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