Baby Bird in Nest Inside Blackberry Bush

A huge patch of Blackberry Bushes (1000sf+) in Marinwood Park was removed on June 17, 2016 at the height of the Nesting Season in violation of the Migratory Bird Treaty Act which protects almost all species of birds (not just migratory birds) during nesting season.  
After appeal to the Marinwood CSD to acknowledge the damage, restore the scarred earth and train the staff in sustainable landscape management, we were met with a resounding refusal despite the violation of several laws.   

The Marinwood CSD was founded to manage the parks and openspace, fire service and streetlights.   It is fundamentally unacceptable that the Marinwood CSD ignore their responsibility to the parks.

Send a letter today to Eric Driekosen, General Manager at edreikosen@marinwood.org and request  Responsible Sustainable Practices for our parks and open space.   

Residents pay huge taxes each year for the care of our parks and open space. They
should not have their parks treated like a a construction site.

Did the Marinwood CSD break the Law?

How many Willow Flycatchers died during the illegal removal of habitat on June 17. 2016?

The unfortunate and hasty removal of blackberry bushes in Marinwood Park has many residents upset.  The bushes have been treasured for decades by local families for gathering tasty berries each summer.   It is also the home of the Southwestern Willow Flycatcher which is under the protection of the Endangered Species Act.  It actively nests from May to September and is also protected under the Migratory Bird Treat Act.

1000 square feet of bushes were removed in Marinwood Park. The bush line extended to the nature sign post.

Aside from the admission that removal of the bushes was "too extreme",  Marinwood CSD manager Eric Driekosen has denied the request for the restoration of the damage,  create policy to prevent re-occurrence or train staff in the proper management of nature areas within the park.  In a letter received yesterday, he told me that "the matter is resolved".

Several Federal laws appear to have been broken. Park and Open space care is one of the key functions of the Marinwood CSD.   If you care about keeping our nature areas beautiful and a healthy environment for all species, please write edreikosen@marinwood.org today.

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Information about the Migratory Bird  Treaty Act and the Southwest Willow Flycatcher.

Almost all birds, including their nests and eggs native to the United States are protected under the Migratory Bird Treaty Act (MBTA). Protection is not limited to only individual birds or species that migrate. In this fact sheet, “bird” refers to any bird species protected by the MBTA. A list of protected species is published in the Code of Federal Regulations at 50 CFR 10.13. You can view the list at: www.fws.gov/permits/SpeciesLists/SpeciesLists.html.

4. Do I need a federal permit to destroy bird nest? A permit is not needed to destroy inactive bird nests, provided the nest is destroyed and not kept. An inactive bird nest is one without eggs or chicks present. The Nest Destruction Migratory Bird Permit Memorandum (MBPM-2; April 15, 2003) provides additional guidance on nest destruction (http://www.fws.gov/policy/m0208.pdf). 

A permit is required to destroy an active bird nest (one with eggs or chicks present). A permit is also required to disturb or destroy nests of bald eagles or golden eagles and federally threatened or endangered species. A list of threatened or endangered species can be found at www.fws.gov/permits/SpeciesLists/SpeciesLists.html. 

Willow Flycatchers nest from May to September in thick bushes along water banks.  A huge patch (800sf+ ) of blackberries along Miller Creek in Marinwood Park were removed June 17th without permits.  The Willow Flycatcher is protected under the Endangered Species Act and the Migratory Bird Treaty Act.  

https://www.fws.gov/news/ShowNews.cfm?newsId=0E10EF3C-65BF-03E7-2345896579225840

The U.S. Fish and Wildlife Service published today a final rule designating 737 miles of waters within the 100-year floodplain in California [Editor's Note: This includes most areas within 100 feet of Miller Creek], Arizona, Nevada, Utah, and New Mexico as critical habitat for an endangered migratory bird, the southwestern willow flycatcher. The designation identifies the stream- and lake-edge habitats that are believed essential to help recover the species.

Impacts associated for all flycatcher conservation efforts in the proposed designated areas, not just those exclusively associated with habitat designation, are estimated to range from $29.2 million to $39.5 million annually, and include costs associated with the listing of the species under the Endangered Species Act for the designated areas.

The final designation is a 53 percent reduction in river miles and a 68 percent reduction in acreage from a proposal prepared last year. A list of exclusions follows.

"While a few areas were excluded because they were not essential habitats, most of the areas are already protected under some form of agreements," said Larry Bell, acting Deputy Regional Director of the Services Southwest Region. "We do not add the designation to those places where we are assured the birds habitat is being enhanced by positive conservation measures."

Many areas identified as eligible for designation were excluded from final critical habitat designation as they are already protected by conservation management plans. There are over sixteen conservation plans already established to provide protections and assurances that the conservation measures for the species will be implemented and effective.

"Information supplied by individuals and groups during the comment period was essential in evaluating and finalizing critical habitat areas," said Bell.

Critical habitat was designated along the streams, rivers, wetlands and reservoirs. The 5 ¾-inch flycatcher builds nests in the dense vegetation lining wet areas in the arid Southwest. It breeds and rears its chicks in late spring through the summer in the United States. The flycatcher migrates to Mexico, Central and possibly northern South America for winter.

Critical habitat is a term in the Endangered Species Act. It identifies geographic areas that contain features essential for the conservation of a threatened or endangered species and that may require special management considerations or protection. The designation of critical habitat does not affect land ownership or establish a refuge, wilderness, reserve, preserve, or other conservation area. It does not allow government or public access to private lands.

The critical habitat designation includes locations that support ten or more flycatcher territories or which provide opportunities for nesting birds to access other flycatcher populations. Dispersing to other territories ensures that birds can expand into other locales and maintain genetic flow among territories, providing overall population stability. The locations designation also provides migration stopover habitats and habitat for non-breeding and dispersing southwestern willow flycatchers.

The flycatcher was added to the endangered species list in 1995 as its populations declined due to habitat loss resulting from river and water management practices; agricultural, residential and urban development; recreation; and livestock and wild, hoofed animals overgrazing in breeding habitat; as well as the threat of the expanded range of the cowbird, which parasitizes songbird nests.

Endangered Species Nesting site destroyed in Marinwood Park

When Marinwood CSD removed a huge 20-30' swath of blackberries in Marinwood Park on June 17, 2016, they also destroyed the nesting location for the Willow Flycatcher, an Endangered Species that makes its home in the dense brush.  The explanation was that the blackberries were a nuisance despite being a favorite neighborhood spot to forage for blackberries for over forty years,    If you are outraged about this as I am, please send an email to edreikosen@marinwood.org


From Marin County Parks

Perching Birds

Willow Flycatcher  Empidonax traillii

Family: Tyrant Flycatchers, Tyrannidae

Audio: Martyn Stewart, © Naturesound.org

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Description  ADULT Has olive-gray upperparts (Alder's upperparts are usually subtly greener). Has faint pale eyering (on average, less distinct than Alder) and pinkish orange lower mandible. Wings are dark with pale fringes to inner flight feathers and two white wing bars; tail is dark (wings and tail slightly longer in Alder). Underparts are pale with pale olive wash on chest. JUVENILE Similar to adult, but with buffy wing bars.

Dimensions  Length: 6" (15 cm)

Endangered Status  The Southwestern Willow Flycatcher, a subspecies of the Willow Flycatcher, is on the U.S. Endangered Species List. It is classified as endangered in Arizona, California, Colorado, New Mexico, Texas, and Utah. Destruction of the dense streamside thickets that it nests in has dealt a serious blow to this species. Another problem has been nest parasitism by cowbirds, which lay their own eggs in the flycatchers' nests, to the detriment of the flycatchers' own broods. Predators, especially those that feed on eggs, have also contributed to this small bird's decline.

Habitat  Fairly common summer visitor (mainly May-Aug) to damp woodlands and often associated with its namesake tree. Winters in Central and South America.

Observation Tips  Best identified with certainty using voice; fortunately, like Alder, sometimes sings on migration as well as on breeding grounds.

Range  Great Lakes, Northwest, California, Southeast, Florida, Mid-Atlantic, New England, Texas, Southwest, Rocky Mountains, Plains, Western Canada

Voice  Song is a harsh, buzzing fzz'Byew; call is a sharp whuit.

Discussion  Widespread woodland flycatcher. Best separated from Alder using voice. Occurs as several subspecies: eastern birds (described in detail below) are almost identical to Alder; western ones (outside range covered by this book) are subtly browner and darker. Feeding habits similar to those of Alder: engages in aerial sorties after flying insects from perches near top of trees; also hovers and gleans insects from foliage. Sexes are similar.

Migration Info  This unassuming flycatcher slips into the United States in late spring and passes back into Mexico well before winter, after a short (70- to 90-day) breeding season. The bulk of the western population moves north along the Pacific coast of Mexico, then fans out across the western United States. Eastern populations move north and east after crossing western Texas. Although this bird spends most of its life in migration or on its wintering grounds in South America, the major threat to this species is loss of breeding habitat in the United States. The Southwestern subspecies (now on the U.S. Endangered Species List) is threatened by loss of habitat due to water diversion practices, livestock overgrazing, and non-native plants that degrade critical breeding habitat.