Marinwood CSD mows Grass Meadow during Nesting Season (AGAIN!)

Marinwood CSD mows the ENTIRE nature path in June 2018 despite previous violations of the Migratory Species Bird Act.  Just like Hamilton field below, nesting birds habitat was destroyed.  When will Marinwood CSD abide by commonsense environmental regulations?  A few years ago, a bucket loader plowed a path through nesting habitat and the Marinwood CSD was advised of the Migratory Species Bird Act during nesting season.  They must be held to account.  Photo taken on June 30, 2018.

Novato bird nests’ discovery halts mowing at Hamilton

The discovery of migratory bird nests interrupted recent mowing at a former landfill at Hamilton Field in Novato.Robert Tong — Marin Independent Journal


By Mark Prado, Marin Independent Journal


A bird roosts on a fence near the former Hamilton Army Air Field's Landfill 26 Cap. (Robert Tong/Marin Independent Journal)



The discovery of migratory bird nests at Hamilton Field has halted the mowing of tall grasses on a former landfill.

Several species, including burrowing owls, tricolored blackbirds and red-winged blackbirds were found during recent mowing work at Hamilton’s Landfill 26. Once the birds were found, mowing was stopped, according to the U.S. Army Corps of Engineers.

The Army Corps’ Sacramento District manages maintenance of the former airfield’s landfill, which includes the annual mowing aimed at reducing potential fire hazards posed by dry grasses. Mechanical mowing of the landfill cap is usually done after the last rains of spring, typically around May to June each year, according to the Army Corps.

But this year there was a surprise.

“During the mowing we noticed some birds were being flushed from their nests,” said Shellie Sullo, the corps’ project manager at Hamilton, noting a biological survey was done before the work. “But we think the birds made it back to their nests. They apparently like the tall grasses.”

About 10 acres of the roughly 40-acre site still needs to be mowed once the birds move out. The Army Corps contemplated using goats to clear the balance, but the animals would likely eat nests along with the grasses. If the mechanical mowing can’t resume, the weeds could be pulled by hand, Sullo said. The unmowed area is away from Hamilton homes and doesn’t present an immediate fire threat. Neighbors will get fliers about the issue next week.

Nesting birds have been rare at the site, but they likely turned up this year because a culvert carrying water around the perimeter of the site was installed over the winter. That provided a water source for the birds.

Given the new conditions, the Army Corps will reassess its mowing schedule moving forward, Sullo said. The corps is working to adjust time frames of the annual mowing maintenance to accommodate the nesting seasons of the birds. Currently, the corps expects to complete removing the grasses one way or another by August or September, after the end of the nesting season.

“It’s good they stopped mowing,” said Barbara Salzman, president of Marin Audubon, who expressed concern that the birds were not detected earlier. “It’s a good lesson that we should wait on this type of work until after nesting season is over. But I’m glad these birds were saved.”

In April, the California Fish and Wildlife Commission voted to list the tricolored blackbird as a threatened species. The burrowing owl and red-winged blackbird are protected under the Migratory Bird Treaty Act.

See full story in the Marin IJ HERE

U.S. Fish & Wildlife Service - Migratory Bird Treaty Act

Marinwood CSD removed a huge patch (1000 sf+) of blackberry brush next to Miller Creek at the height of nesting season on June 17, 2016 in violation of the Migratory Bird Treaty Act of 1918.

It is quite shocking because, Marin County prides itself in proper wildlife management. Marinwood CSD manager, Eric Driekosen  clearly is unaware of the legal requirements prohibiting the removal of nesting habitat during nesting season.  The area was scraped clean by a bucketloader and remains an eyesore with no plan to restore the area.

Not only is this offensive to those who value the natural areas of the park, the Marinwood CSD broke the law and should restore the park and institute new policy to prevent future mishaps.

Please write edreikosen@marinwood.org and come to tonight's meeting to voice your concern.

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.

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MIGRATORY BIRD TREATY ACT 
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.