Tuesday, July 12, 2016

Marinwood CSD broke the Migratory Bird Treaty Act and must Obey the Law

I don't think Eric Dreikosen, Marinwood CSD manager will have to serve on a chain gang for violating the Migratory Bird Treaty Act but the Marinwood CSD MUST OBEY THE LAW.

After seeing the destruction of our Marinwood Park, I informed the new Marinwood CSD manager, Eric Dreikosen that they violated several laws by removing habitat in the middle of nesting season.  I had three simple requests.

 1.) an agreement to create a simple park care plan to improve the parks natural areas.  2.) a look at simple PROCEDURE changes (like not driving heavy equipment on sensitive habitat)  and removing habitat during nesting season as required by law 3.) the acknowledgement that damage has been done to our park environment and should be repaired.

Mr Dreikosen rebuffed all requests.  Furthermore, he said that my concerns were not shared by the "public" and the damage and existing procedures will remain.  Not only did he insult the community and ignore his fundamental duty to maintain the park, he broke the law!  
Over 1000 square feet of prime nesting habitat was removed without permit in Marinwood Park on June 17, 2016.
It is a violation of the Migratory Bird Treaty Act.

The employee drove a bucket loader to scrape the earth clean, damaging more than plants, birds and other wildlife.  He scarred the landscape unnecessarily and left the park looking like a construction site.  The employee was acting under orders from above.  The manager sets policy and oversees the work.  He is the responsible party when things go wrong and is the only person who can address the problem.

The problem has been referred to proper agencies for follow up.

It is disappointing that the highest paid Marinwood CSD manager in the history of the District has to have an enforcement action brought upon the district just to do the right thing.  We deserve better.

If you are concerned about the care of our parks and open space, I encourage you to email  edreikosen@marinwood.org.  You can also attend the CSD meeting tonight, July 12, 2016 at 7:30 pm and speak up for our cherished park.


16 U.S.C. §§ 703-712, July 3, 1918, as amended 1936, 1960, 1968, 1969, 1974, 1978, 1986 and 1989.
Overview. The Migratory Bird Treaty Act implements various treaties and conventions between the U.S. and Canada, Japan, Mexico and the former Soviet Union for the protection of migratory birds. Under the Act, taking, killing or possessing migratory birds is unlawful.

Prohibited Acts. Unless permitted by regulations, the Act provides that it is unlawful to pursue, hunt, take, capture or kill; attempt to take, capture or kill; possess, offer to or sell, barter, purchase, deliver or cause to be shipped, exported, imported, transported, carried or received any migratory bird, part, nest, egg or product, manufactured or not. Subject to limitations in the Act, the Secretary of the Interior (Secretary) may adopt regulations determining the extent to which, if at all, hunting, taking, capturing, killing, possessing, selling, purchasing, shipping, transporting or exporting of any migratory bird, part, nest or egg will be allowed, having regard for temperature zones, distribution, abundance, economic value, breeding habits and migratory flight patterns. Regulations are effective upon Presidential approval. §§ 703 and 704.

The Act makes it unlawful to:  ship, transport or carry from one state, territory or district to another, or through a foreign country, any bird, part, nest or egg that was captured, killed, taken, shipped, transported or carried contrary to the laws from where it was obtained; import from Canada any bird, part, nest or egg obtained contrary to the laws of the province from which it was obtained. § 705.

Arrests/Search Warrants. To enforce the Act, authorized Department of Interior employees may:   without a warrant, arrest a person violating the Act in the employee's presence or view; execute a warrant or other process issued by an officer or court to enforce the Act; search any place with a warrant. All birds, parts, nests or eggs that are captured, killed, taken, offered or sold, bartered, purchased, shipped, transported, carried, imported, exported or possessed contrary to the Act will be seized and, upon conviction of the offender or upon court judgment, be forfeited to the U.S. and disposed of by the Secretary. § 706.

Violations/Penalties. According to the Act, a person, association, partnership or corporation which violates the Act or its regulations is guilty of a misdemeanor and subject to a fine of up to $500, jail up to six months, or both. Anyone who knowingly takes a migratory bird and intends to, offers to, or actually sells or barters the bird is guilty of a felony, with fines up to $2,000, jail up to two years, or both. (Permissible fines are increased significantly by the Sentencing Reform Act of 1984, as amended in 1987, which is summarized separately in this Handbook.)

All guns, traps, nets, vessels, vehicles and other equipment used in pursuing, hunting, taking, trapping, ensnaring, capturing, killing, or any attempt on a migratory bird in violation of the Act with the intent to sell or barter, must be forfeited to the U.S. and may be seized and held pending prosecution of the violator. The property is to be disposed of and accounted for by the Secretary. § 707.

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