MECA Staff Possess and Dispose of Wildbirds

During recent weeks of surveys to determine the extent of birds hitting glass facades in downtown Omaha, there seemed to be a dearth of bird carcasses associated with the CenturyLink Center Omaha. Typically there are one or more carcasses or disabled birds found on a regular basis.

The reason there were have been no carcasses was finally determined, and was — as expected — because of staff working for the Metropolitan Entertainment and Convention Authority. Morning's when they do their rounds to clean up trash, they also include bird carcasses. The dead birds are picked up and placed in a bucket on their cart as they continue along their route.

The morning of May 26th, upon approaching the north portion of the west facade of the center, one of two MECA workers was seen using "trash tongs" to pickup two bird carcasses and then place them into the bucket on their cart. Coming up to the cart, the worker was asked: "What kind of birds are those?" The response: "Yellow ones," confirms that the worker knew he was handling birds. Being nearly adjacent to the cart, a quick stop was made and the two carcasses were removed from the plastic bucket. They were two female Common Yellowthroats. Both carcasses were then suitably disposed of in a manner of respect for their natural origin, rather than being dealt with like a discarded styrofoam cup or errant piece of trash. The manner in which the MECA workers dealt with the birds killed at their facility is a crass manner of suitably dealing with the deadly tragedies, and shows a complete lack of respect for formerly vibrant wildbirds.

It is not known how the MECA staff deal with temporarily disabled birds which strike the western, glass facade of the facility. Are the staff workers aware enough or do they take the time to determine if a bird is alive but stunned, or is it treated as if dead. Disabled birds are often in a position similar to a carcass, as they try to recover to an extent where they can fly away. Grasping a bird with trash tongs may also be enough to kill it.

Numerous bird window strikes continue at the CenturyLink Center Omaha, despite the many decals placed upon the upper portion of the glass has not been efficiently effective in reducing the number of bird strikes, based upon findings last year.

There were four violations of the federal Migratory Bird Treaty Act by MECA in association with the situation observed Tuesday morning, about 6:30 a.m. Each death of two warblers was a taking action. By picking up the carcasses and carrying them around in a plastic bucket, the workers had "possession" of the birds. It is illegal to possess birds without a permit.

This is just one instance of this sort of activity, as the MECA workers certainly have undertaken similar activity on multiple other days this spring, and during past times.

This situation was referred to law enforcement staff of the U.S. Fish and Wildlife Service by other agency personnel.

There was apparently nothing done about this ongoing disposal of dead birds by MECA employees. Just as expected based upon the lack of action by the F.W.S.

Bird-window Collisions During May at Downtown Omaha

This is a sampler of bird-window collisions in downtown Omaha during May, 2015.

dead Ovenbird at the north atrium entrance at 1200 Landmark Center

disabled Orange-crowned Warbler at the CenturyLink Center Omaha, near the north end of the west side

dead Baltimore Oriole at the west end of the north side of Omaha Public Power District energy plaza; note the black masking on the window to the right, put in place to reduce bird-window collisions

disabled Gray Catbird at the north entrance to the atrium at 1200 Landmark Center

dead White-throated Sparrow at the east side of the Gavilon building

disabled House Wren at the east entrance to Omaha Public Power District Energy Plaza

Ovenbird at the Elevate Company at 1018 Dodge Street

The following four are from the morning of May 15th.

dead Gray Catbird at the south box office entrance at the CenturyLink Center Omaha

dead male Indigo Bunting at the southeast corner of the south tower of Central Park Plaza

dead female Indigo Bunting at the Gavilon Building, near the entrance at the northwest corner

dead Ovenbird at the northeast corner of the Union Pacific Center

The following are from the morning of May 18th.

disabled Ovenbird on the west side of the CenturyLink Center Omaha

two dead Yellow Warblers on the north side, and just about the west end of 1200 Landmark Center; it's possible that the birds were placed together; there have previously been birds found in close proximity but never adjacent to one another like these two, and oriented in a similar manner

dead Mourning Dove at the entry doors at the northwest corner of the Gavilon building

The following are from the morning of May 22nd.

disabled Tennessee Warbler at TDAmeritrade ball park

dead female Common Yellowthroat at 1200 Landmark Center

dead female Common Yellowthroat at the north side atrium of the Firs National Bank tower

This is a minimal sample, as there have not been as many surveys done this spring as in past years, with some rainy mornings especially not conducive to bicycle transportation. Only birds were photos were taken are illustrated here.

Vegetation Removal at UNOmaha During Nesting Season

Vegetation removal was One of the first steps undertaking with work associated with a remodeling project at the plaza of the Henningson Memorial Campanile at the University of Nebraska at Omaha city campus.

During the morning of May 13th several trees and bushes were completely removed, with ground vegetation also stripped to the bare soil.

There were more than six and probably fewer than ten trees removed, which were perhaps 15-20 feet in height.

These trees may have been in use by nesting birds, most notably the American Robin. While noting the scene once the trees had been fallen, there was one and possibly two robins in the immediate vicinity, exhibiting behavior associated with being disturbed. It is an easy assumption that the birds may have been nesting among the trees which were large enough and with suitable branches for a robin's nest and to provide roosts for fledged young.

There have been fledgling robins seen elsewhere in midtown Omaha.

Upon asking the site supervisor if the trees had been checked for nests or young birds, his response indicated that they had not had a qualified person do this task. He was not even aware of the need for any sort of survey. Graham Construction did the removal as a contractor for the University of Nebraska at Omaha.

Graham Construction has been involved with the Omaha CSO! project, where strict guidelines are in place - by Omaha Public Works - to ensure that no bird nests or eggs are harmed during the breeding season. Surveys done in this regard where for OPW, not the contractor.

In a similar fashion, University officials would also be responsible at the plaza site. They did nothing that could be determined, despite having professional biologists on campus, within two buildings at the Biology department.

The destruction of the nests and eggs of the vast majority of birds is a violation of the Migratory Bird Treaty Act as well as a similar State of Nebraska statute.

Views of the vegetation demolition site...

Creighton Destroys Chimney Swift Breeding Habitat

This a copy of an email sent to officials at the Nebraska field office of the Fish and Wildlife Service and a person in the facilities office of Creighton University on the morning of May 4th. An aerial photo of the buildings was included as an attachment. No response was received from either, so they were worthless in trying to protect the swift habitat. The site, which was a pile of rubble on May 13th, will be converted to a grass lot. It is quite disgusting that a building was torn down now to put in turf, when the demolition could have been delayed, until after the nesting season.

Demolition by a contractor is currently underway on buildings on the Creighton University campus. The removal is along the 2000 block of Cuming Street.

One building being removed is 2011 Cuming Street. The building has a chimney which is in good shape and 2.5 bricks by 2.5 bricks in size.

While looking over the site on the morning of May 3rd, chimney swift activity - a pair - was noted at the chimney site, as well as again on the morning of May 4th.

There are three reasons that nesting would be occurring in this chimney:

1) Repeated occurrence of birds during the nesting season

2) adequate size of the chimney

3) presence of multiple swifts in the immediate vicinity

Due to access limitations, there has been no opportunity to actually look down the chimney.

Creighton University is listed as the property owner, according to details at the Douglas County assessor's office. Since they are responsible for the removal, the University should be issued a citation for failure to evaluate the site for nesting activity (during the April 15 to July time period) and violation of the Migratory Bird Treaty Act, i.e., destruction of a nest.

This matter needs to be suitably dealt with by the Fish and Wildlife Service.

The contractor should not be held responsible for a failure by the university to evaluate the site for nesting birds.

Creighton University should be fined $1000 for this violation. The money should be given to Heron Haven for construction of a swift tower.

(The aerial photo included shows the buildings being demolished, with the chimney mentioned in the center of the image, a bit below the blue splotch.)

Usable chimney at 2011 Cuming Street, prior to its demolition by Creighton University

Capped, but potentially usable chimney at 2011 Cuming Street, prior to its demolition by Creighton University

---

Creighton is focused on demolition of the majority of buildings in this area which were formerly useful as habitat for swifts. Refer to these two previous articles indicating similar demolition by this university of higher destruction, not learning:

Ongoing Expansion Threatens Chimneys for Urban Swifts

Creighton University Continues Destruction of Swift Havens

Wildlife Official Presents at Omaha Seminar

A biologist with the U.S. Fish and Wildlife gave a presentation on protecting wild birds at a recent sediment and erosion control seminar at Omaha.

Robert R. Harms, of the Nebraska Field Office of the federal agency gave a talk titled "Migratory Bird Treaty Act and Construction Projects" at the "Building for the Future" seminar on February 5th, sponsored by the City of Omaha.

The presentation provided "information about the conservation of migratory birds and how the Migratory Bird Treaty Act helps to ensure that migratory birds are around for generations to come," he said.

"It was an opportunity to educate a large group of people and show them how the Migratory Bird Treaty Act is relevant to them and how to maintain compliance," Harms said. "Violations of MBTA generally occur because people don’t know migratory birds are federally protected — this was our opportunity to provide some education."

The Migratory Bird Treaty Act, enacted in 1918 as a federal law, prohibits "direct take" by either "intentional or unintentional means. Citations and fines can be issued, Harms indicated.

His talk gave particular points on how to avoid a violation:

• "Don't wing it, deal with it
  
• "Plan ahead
  
• "Do clearing outside nesting season
  
• "Survey during nesting season
  

  * "April 1 - July 15

  * "Qualified" surveyor

  * "Document results

  * "Take action"

Also discussed were the steps to take if a nest is found.

Harms' presentation — as given to about 300 people — and others from the seminar are available at the seminar website.

OPPD Habitat Destruction and Threats to Wildbirds?

This is an email which was sent to the Nebraska Field Office of the U.S. Fish and Wildlife Service in order for initiate an investigation of this situation. The U.S. Army Corps of Engineers has also been asked to clarify the situation at the Mandan Flats, in order to determine if the expectant vegetative clearing will impact the status of the wetlands and brooks on this property owned by the citizens of the City of Omaha.

This is a request that the FWS investigate the continual habitat destruction by the Omaha Public Power District. At least 200 miles of corridor are cleared on an annual basis, and done during all months of the year, according to information provided by the utility.

If there is any vegetation beneath the powerlines during the time when birds are breeding, it is more than likely that there is the potential destruction of bird nests, eggs and young. The clearing effort, as personally seen, involves the nearly complete removal of vegetation. What remains is just the ground cover, with a height of less than an inch. There are several species which appreciate the area of particular concern, the Mandan Flats along the Missouri River, just east of Mandan Park. This is City of Omaha property, owned by the citizens.

This is just a small space of special interest whereas OPPD is so completely involved in removing vegetation on large extents of land.

Any destruction of birds nests, eggs or young is a violation of the Migratory Bird Treaty Act. The FWS needs to investigate this situation and make sure there are no violations, or how the public utility is aware of and addressing any potential concerns.

By the way, the state of Nebraska has a somewhat similar law regarding how it is illegal to destroy bird eggs or nests, so perhaps their law enforcement officials should be involved as well?

Feds Investigating Wildbirds Being Killed at Omaha

A local bird enthusiast indicated on a recent morning a few second-hand details that some midtown Omaha residents had killed several hundred wildbirds.

The details given were that the birds, especially blackbirds, had been killed by people of a foreign nationality at area lakes by use of a slingshot. Also, hundreds of carcasses had been found in a resident's freezer. Multiple people were involved. There was also the indication that a $40,000 fine had been levied.

It seemed like rumor, so on a later visit, he was asked again about this, and the details remained the same.

To learn more about this, and since birds are protected by the Migratory Bird Treaty Act, enforced by the U.S. Fish and Wildlife Service, an email was sent to the Nebraska Field office as an inquiry.

The response received indicated that an "active investigation was underway" so no details could be provided.

Since their is an investigation underway, this indicates the veracity of the report. Rumor seems to be fact...

Results of this investigation by a public agency should eventually be made available to the public, not only for informational purposes, but to understand the whys and hows of how the killings occurred, and how they might be prevented?

The likelihood of the F.W.S. releasing any details, does however seem unlikely.

Fifteen Bird-strikes on Two May Days at Omaha

There were fifteen bird-window strikes documented on May 7-8 in eastern Omaha, especially downtown.

Ten of these occurred just on Wednesday. This is the earliest instance of this extent of strike occurrences ever recorded during the past few years of this personal effort.

Ruth Sokolof Theater

¶ disabled male Common Yellowthroat on the west side, near the ticket window (certainly it was not in line to buy a ticket to a movie!)

CenturyLink Center Omaha

¶ disabled Clay-colored Sparrow about ten feet north of the northmost entry

¶ a dead Red-winged Blackbird about 35 feet south of the northmost entry

¶ a disabled Common Yellowthroat about ten feet north of the second from north entry

¶ a dead Northern Waterthrush about three feet north of the southmost convention center entry

¶ a dead Clay-colored Sparrow about 35 feet south of the northmost entry; this was at the same spot as the blackbird found earlier; this carcass was found during a early-morning second visit to the locality

Holland Performing Arts Center

¶ a dead Lincoln's Sparrow at the southeast corner of the courtyard, at the north-facing entry

Nebraska State Office Building

¶ a dead Wood Thrush on the north side, at the section of windows at the eastern end

1200 Landmark Center

¶ a disabled Gray Catbird at the north side of the atrium

Omaha-Douglas Civic Center

¶ a dead Clay-colored Sparrow at the entrance on the side side of the atrium

Thursday, May 8

Five different species were noted during the early morning bicycle rounds, just after a fast-moving rain-storm passed through...

CenturyLink Center Omaha

¶ a dead Common Yellowthroat male about ten feet south of the north corner of the west facade

¶ a dead Clay-colored Sparrow about ten feet north of the first from north entry

¶ a dead Marsh Wren about 35 feet south of the northmost entry

¶ a dead Indigo Bunting between the southmost convention center entry and the third from north entry

1200 Landmark Center

¶ a dead Lincoln's Sparrow at the doorway on the south side of the atrium

Friday, May 9

A cool, cloudy day with westerly wind. Only two instances of fatalities, at two of the regular buildings in east downtown Omaha.

CenturyLink Center Skywalk

¶ a dead Baltimore Oriole on the north side, and the eastern section

1200 Landmark Center

¶ a dead Lincoln's Sparrow on the north side of the tower, at the third pane of glass from the west corner

The tally of bird-window collisions personally documented in Omaha is now at more than 1820 during more than six years of surveys.

The U.S. Fish and Wildlife Service continues to not take any enforcement activity though each strike instance is a violation of the Migratory Bird Treaty Act. This agency is basically worthless in this regards at Omaha, and numerous other cities where a multitude of birds are killed or injured in this manner.

Nesting Bird Survey August 24 - Saddle Creek Project

Provided to Omaha Public Works; August 11, 2013. Presented here for archival and informational purposes. Surveys had to continue this late in the season due to conditions included with a permit received from the U.S. Army Corps of Engineers.

Pending tree removal by a contractor at the east Westlawn Cemetery site in association with the Saddle Creek CSO! project required that a survey be done in regards to any nesting birds, according to provisions of the Migratory Bird Treaty Act.

The following details are provided to the Public Works Department in accordance with an agreement to evaluate the indicated project site and determine if there were any bird nests present, or if there were other associated breeding bird concerns.

It should be noted that several previous bird surveys have been done around this area, which are helpful in understanding the conditions relative to the survey area features, and helpful in a recognition of species present.

Survey Methods

A survey for bird nests and/or young was conducted early on the morning of August 24th at the area indicated by the provided plan sheet and as marked on an aerial photograph.

Images provided by Omaha Public Works.

During the survey four methods were used to evaluate bird activity while the area was slowly traversed: 1) looking closely at both tree and understory vegetation within the immediate area; 2) watching and recording all birds present and evaluating their behavior; 3) listened for any bird vocalizations within the area and general vicinity; and 4) watched for bird activity that would indicate an active nest or adult birds feeding pre-flight young. Several stops were made at suitable vantage points to look and listen for bird activity. The majority of the survey was done before work activity associated with dirt hauling had started and which created noise that would make it more difficult to hear subtle bird sounds.

Survey Results

There were no nests or pre-flight young observed within the area of the indicated survey site.

General bird activity noted in the area did include:

• American Robin: primarily adult birds, with a couple still retaining juvenile plumage.
  
• Black-capped Chickadee: group of three foraging, with no begging behavior heard or seen that would indicate the presence of dependent young.
  
• Blue Jay: foraging.
  
• Eastern Wood-Pewee: only one bird, which sang for a few minutes but then was quiet; since this bird has only been seen along the creek on this and the last season, it is a bird which did not successfully nest, and so became transitory and arrived at suitable habitat at this site.
  
• Great Horned Owl: flushed from a tree, with this birds nesting season done back in spring.
  
• Mourning Dove: transitory, foraging in open areas, or flying over.
  
• Northern Flicker: a single bird using snag trees.
  
• Olive-sided Flycatcher: a migratory transient, perched atop a snag tree; the first time this species has been seen at this locale.
  
• Red-bellied Woodpecker: a single bird using snag trees.
  
• White-breasted Nuthatch: one foraging through the area.
  

There was more underbrush among this survey area, but no birds were seen or heard in these areas. Nothing at all was flushed.

Other species observed in the general vicinity also did not convey any nesting activities.

Birdly Notes

Additional cavity trees will be lost due to this tree-clearing; these trees have provided foraging, roosting and potential breeding activity. At one particular snag, with four or five prominent cavities, woodpeckers were at the dead tree. There was no use of the cavity observed, and no flurry of activity that would indicates adults feeding young, nor any noise to indicate young were present in the holes.

To provide a refugium for native flora and fauna, which can recolonize the project area once work is completed, any disturbance to the east branch of the creek should be minimized to the extent possible.

---

These pictures were not included in the report provided to Omaha Public Works. They indicate a snaggy cottonwood to be removed, as well as a "bum camp" and associated graffiti.

Nesting Bird Survey August 11 - Saddle Creek Project

Provided to Omaha Public Works; August 11, 2013. Presented here for archival and informational purposes.

Tree removal pending at the east Westlawn Cemetery site in association with the Saddle Creek CSO! project required that a survey be done in regards to any nesting birds, according to provisions of the Migratory Bird Treaty Act.

The following details are provided to the Public Works Department in accordance with an agreement to evaluate the indicated project site and determine if there were any bird nests present, or if there were other associated breeding bird concerns.

It should be noted that several previous bird surveys have been done around this area, which are helpful in understanding the conditions relative to the survey area features.

Survey Methods

A survey for bird nests and/or young was conducted early on the morning of August 11th at the area indicated by the provided plan sheet and as marked on an aerial photograph.

During the survey four methods were used to evaluate bird activity while the area was slowly traversed:

1) looking closely at both tree and understory vegetation within the immediate area;

2) watching and recording all birds present and evaluating their behavior;

3) listened for any bird vocalizations within the area and general vicinity; and

4) watched for bird activity that would indicate an active nest or adult birds feeding pre-flight young.

Survey Results

There were no nests or pre-flight young observed at the specified survey site.

General bird activity noted in the area did include:

• American Robin: a few roosting on the snags limbs of cottonwood trees
  
• Black-capped Chickadee: foraging through the tree space
  
• Eastern Wood-Pewee: foraging
  
• European Starling: a few roosting on the snags limbs of cottonwood trees
  
• Northern Cardinal: this was the only territorial bird, and a male was heard but there was no female in the immediate vicinity, nor were there any young present
  
• Red-bellied Woodpecker: foraging on a cottonwood tree
  
• White-breasted Nuthatch: foraging on a cottonwood tree
  

Other species observed in the general vicinity also did not convey any nesting activities.

Birdly Notes

A primary impact of the tree clearing will be the removal of a few massive, old cottonwood trees. These trees, already near the extent of their natural life-time, provided foraging habitat for woodpeckers and the nuthatches, for example, as well as being used as roost sites by several species. They also had cavity potential, which could have been used as nesting sites.

In observing these trees in particular, there was no use of cavity habitat observed.

Nesting Bird Survey July 27 - Saddle Creek Project

Provided to Omaha Public Works; July 27, 2013. Presented here for archival and informational purposes.

Tree removal pending at the east Westlawn Cemetery site in association with the Saddle Creek CSO! project required that a survey be done in regards to any nesting birds, according to provisions of the Migratory Bird Treaty Act.

The following details are provided to the Public Works Department in accordance with an agreement to evaluate the indicated project site and determine if there were any bird nests present, or if there were other associated breeding bird concerns.

It should be noted that several previous bird surveys have been done around this area, which are helpful in understanding the conditions relative to the survey area features.

Survey Methods

A survey for bird nests and/or young was conducted early on the morning of July 27th at the area indicated on plan sheets 12 and 13 for OPW 51777, as provided by Public Works during a site visit on the afternoon of July 26th.

During the morning survey, there was less traffic noise, providing better conditions for listening.

During the survey three methods were used to evaluate bird activity while the area was slowly walked from west to east, and then back again:

1) each tree limb or other foliage were closely scanned to determine if nests and/or young were present;

2) listened for any bird vocalizations within the area and general vicinity; and

3) watched for bird activity that would indicate an active nest or adult birds feeding pre-flight young.

Survey Results

There were no nests or pre-flight young observed at the specific survey site.

General bird activity noted in the area did include:

• American Robin: adults and large juveniles foraging in the woods to the south
  
• Northern Cardinal: heard among the woods on adjacent hill-side, with activity also associated with shrubbery there
  
• Red-eyed Vireo: heard among the woods on adjacent hill-side, and associated with the tree-tops
  
• Blue Jay: heard to the south, though not seen
  
• House Sparrow: foraging on the gravel roadway at the east end of the survey site.
  

Also checked during the survey, was a partial tree trunk at the eastern extent with a possible nest cavity. This feature was just to the south of the pipeway alignment, as noted by the placement of the painted laths. There was no bird activity here and no birds left the cavity when it was knocked upon.

Birdly Notes

The short tree trunk cavity towards the east of the area is just outside the corridor, and so will apparently be retained for potential, future bird use.

Retention of the large, old cottonwood tree just adjacent to the southern boundary of the line excavation will also retain a tree feature that is unique in the wood. It will likely provide future opportunities for breeding birds.

Conservancy Ecologist Conveys Nest Destruction

Comments by an ecologist employed by The Nature Conservancy indicate that an expected presence of birds nests was intentionally ignored to conduct a managed burn of a prairie.

In a blog post dated June 11, Chris Helzer, said that the planned blaze, due to constraints earlier in the season, was conducted early in June.

Screen shot of a portion of Helzer's comments. Image captured June 15, 2013.

"After weighing the pros and cons of burning in early June, we decided to go ahead with last week’s fire. We certainly burned up nests of meadowlarks, grasshopper sparrows, and at least one turkey (a forlorn-looking female was wandering around after the fire). I expect most of those will have time to re-nest, but that only makes me feel marginally better about it. I’m sure we also killed lots of insects and some wildlife species." — Chris Helzer at the Prairie Ecologist website.

"Right or wrong, I guess I’ve trained myself to focus on the long-term positive outcomes of our management and not to dwell on the short-term negative impacts. I’m not sure if that makes me insensitive or just sensible." — Helzer

This short-sighted action means that there were bird nests destroyed. One obviously, and likely others as indicated by the author's comments.

This action makes Helzer or whoever else decided to conduct the burn, a perpetrator that has violated a federal and a state law.

The destruction of each nest was a violation of the Migratory Bird Treaty Act which prohibits the destruction of a nest, eggs and young. A fine can be levied for each violation.

In the case of a single abandoned nest along the Platte River recently, the fine was $500.

A Nebraska state law also prohibits destruction of nests, eggs and/or young.

For this burn to have taken place, it also was done with the knowledge that nests with eggs or young were present. For it to have gone ahead, it was done without regard for bird nests and so is a first-degree violation, because it was done intentionally despite their knowing nests would be present.

The person and/or group responsible for this action should be heavily fined, be required to issue a public apology and to develop and implement protocols to make certain this does not happen again. Prairie management is important but conducting a fire is not the over-riding concern during the nesting season. The fire could have been done after July 15th, and more than likely avoided any destruction and been done legally.

Birds Surveys for Dundee Streetscape Project

Three bird surveys were done to ensure there were no active nests removed due to site preparation work associated with the Dundee Streetscape Project.

The primary survey occurred on April 9th and 10th, 2013 and was done by an associate of Alfred Benesch and Company for the City of Omaha Public Works Department.

During the visits, the 29 trees marked for removal along North 49th Street, Underwood Avenue and 50th Street were checked to determine if active nests were present.

If a nest was identified, it "was observed for any bird activity inside or around it," according to survey reports provided to the Public Works Department.

Bird nests, similar in size and construction, were noted in five trees. They were "confirmed inactive for multiple reasons such as lack of bird activity around the nest and no birds observed within the nest, especially during the colder temperatures which were present," the first report said.

Species present on the two days of the initial survey, were the House Sparrow, House Finch, Black-capped Chickadee, European Starling, Common Grackle, American Robin and Downy Woodpecker. A singing Northern Cardinal was heard in the vicinity.

Following the visit on the 10th, the survey contractor recommended that the marked trees be removed within a week.

Due to a delay in the removal effort, a third survey was done on April 15th, when 22 of the trees were again surveyed. Only the House Sparrow, Common Grackle and American Robin were observed.

The bird nest survey was done since the federal Migratory Bird Treaty Act, as well as a State of Nebraska statute, prohibit the taking of an active bird nest, eggs or young.

Possible Nest Destruction by Omaha Project Being Evaluated by Feds

A potential illegal taking of an owl nest by a City of Omaha project is now being considered by the law enforcement section of the U.S. Fish and Wildlife Service.

The taking might have occurred in association with the removal of all of the trees and associated vegetation for the CSO! project underway along the unnamed creek on the east side of the Westlawn Cemetery in central Omaha.

In late-March, according to protocols necessary to conform with state and federal regulations, a nest survey was done to determine if any bird nests might be present amidst the woods along the creek, prior to the clearing of all of the vegetation. No nests were apparently documented, according to a hired surveyor with indicative credentials. A couple of days later, all of the vegetation in this particular area was obliterated, resulting in an expanse of barren ground devoid of anything green, with certainly nothing left with any growing potential.

Subsequently, a young Great Horned Owl was found upon the ground in an area of woods adjacent to the cleared area, according to an official with the City of Omaha public works department and an official with the Fish and Wildlife Service.

There was also a pair of adult birds observed in the vicinity at this time, which indicated their residency, and seemingly that the young owl was their progeny. Some pictures of the little, fledgling owl were also taken by public works staff, for documentary purposes.

The fledgling owl was captured and taken to the Nebraska Humane Society facilities, then subsequently transferred to Raptor Rehabilitation Nebraska for further care.

Any "taking" of a nest of a species protected by the Migratory Bird Treaty Act is a violation of this act, and fines may be imposed. The state of Nebraska has a similar statute.

The ecological services office of the Fish and Wildlife Service has received a letter indicating the particulars associated with the activities associated with this owl. This office also reviewed a draft version of this correspondence.

The final version has been submitted to the federal agency. It was then forwarded to law enforcement personnel of this federal agency, according to a FWS biologist.

On April 10th, a request was made to receive a copy of the letter submitted to the F.W.S. An email was received on the 11th indicating that a copy of the letter would not provided, as indicated by an official of the City of Omaha public works department. The FWS would also not provide a copy.

Those pictures of the owl at the site of its capture are also not available for public consideration.

---

The City of Omaha received a notice on June 24th that no enforcement action would be taken by the U.S. Fish and Wildlife Service.

Feds ask Centurylink Officials to Reduce Bird Strikes

A letter sent by a federal agency to a CenturyLink Center official asks that efforts be taken to deal with the ongoing deaths of migratory birds at this building on the Omaha riverfront.

Despite attempts to reduce bird collisions, i.e., decals on the glass of the upper facade on the west side, strikes continue to occur, according to the letter sent from the Ecological Services, Nebraska Field Office, of the U.S. Fish and Wildlife Service.

The federal agency "has record" of 440 collisions here during the past five years.

"The Service requests your participation in implementing additional techniques to minimize collisions." - FWS letter verbage

"This number of bird deaths is higher than any other commercial building in Omaha for which we have data and advocates the need for additional corrective measures to be taken," said the letter, signed by Michael D. George, the Nebraska field supervisor.

Included in the letter was an indication that migratory birds are "protected" by provisions of the Migratory Bird Treaty Act, which prohibits the "direct intentional and/or unintentional take (i.e., killing or injuring) or migratory birds."

This letter indicated an interest to "working collaboratively" to find solutions to the problem. "Accordingly, our office would be happy to assist you by providing technical assistance and expertise on this matter," the letter said. Specific details were given on the person to contact at the field office in Grand Island.

The letter was dated January 24, 2013, and sent to Roger Dixon, of the Metropolitan Entertainment and Convention Authority, at a North 10th Street address.

First National Corporation Fails to Address Bird Strikes

There have been 35 known occurrences of birds striking the glass facades of buildings associated with the First National Bank Corporation. The structures under consideration include, predominantly the First National tower, with only a few other records available of birds striking a structure owned by this corporation.

A letter dated 13 April 2011 from the U.S. Fish and Wildlife Service, Nebraska Field Office, conveys the situation. A copy of the letter obtained from the agency says a meeting was held at the First National Building on 22 April 2010.

According to personal contacts with the agency, another meeting was held onsite in downtown Omaha in early April 2011.

Details indicated by this letter, denoted as "priority corrective measures" were:

"Based on a review of the documents you provided, information gathered from other sources and citations, and a review of the FNB buildings avian mortality risk factors, the Service recommends the following corrective actions be taken at the FNB Tower, FNB Building, and at the FNB Data Center in downtown Omaha to prevent and minimize migratory bird death and/or injury at windows during peak spring (April 15 - May 31) and fall migration periods (August 15-October 31).

"WINDOWS

"Install temporary transparent of perforated patterned, non-reflective window films that make glass visible to birds (examples include Scotchprint or CollidEscape) on windows that tend to be hazardous, focusing efforts on Atrium (winter garden) windows and those lower windows located on the north east corner of the FNB Tower, and other lower level windows at other buildings.

"Brightly lit lobbies with greenery features are extremely dangerous to a migratory bird that has been drawn into the city by light pollution. Relocate interior plantings, water sources or other features that are causing birds to crash into glass windows.

"Replace interior foliage in atriums with artwork, sculptures, banners, or other forms of art.

"LIGHTING

"Reduce interior light levels during evening and nighttime hours. Staff working late can use task lighting at work stations and turn off ceiling lights closest to windows. Close curtains or blinds during the evenings if the interior is illuminated.

"Eliminate upper architectural lighting from 11:00 pm - 7:00 am during spring and fall migration periods. Building owners and managers can make sure that lights are out at night on unused floors. Lighting control systems can be installed to reduce energy consumption, save money and protect birds' lives. It is important to turn off exterior floodlights during spring and fall migration.

"Reduce spill light and optimize useful light. Street-level light, though preferably down-shielded, and airplane warning lights are not affected. Many buildings are also interested in certification through the LEED system - a "green" rating system for buildings, indicating Leadership in Energy and Environmental Design. Building owners, managers, employees and also tenants also take pride in their participation in Lights Out. There is really no downside to Lights Out."

The letter to the FNB corporation continued and included several web-links to information on "Lights Out" programs.

None of these measures had apparently been implemented as of early May, 2011.

On the morning of 7 May - faux International Migratory Bird Day - a disabled Gray Catbird was readily noticed at the east entrance to the atrium on the north side of the First National Tower. There have been multiple been multiple bird strikes documented at this place.

This particular bird of special significance was carefully grabbed and then kept in a safe place so it could recover from its smashing impact. It received motorized transport to Levi Carter Park, where it was released into a natural habitat so it could fly free in a safe environment. Upon its flight, it flew to a nearby tree, apparently to consider its condition and where it would henceforth fly further along on its spring migration.

FNB Staff Talk Yet do Nothing

Representatives from this corporate entity have said a lot - during personal conversations in the past three years - but have apparently not undertaken any steps to address the apparent and ongoing problem. done nothing.

There will be more bird strikes at this building. How this situation is adequately addressed and resolved is still quite uncertain, years after the first awareness on this issue. The final resolution depends upon the corporation, which based upon government correspondence and personal contacts, talks a lot but does nothing.

Sparrow which was temporarily disabled by striking the atrium glass at the First National Bank Tower. Morning of 9 May 2011.

Updated List of birds Protected by the MBTA

An updated list of the bird species protected by the Migratory Bird Treaty Act has been released by the U.S. Fish and Wildlife Service.

"This update to the list of federally protected birds reflects the best available science on bird taxonomy and distribution and will help us improve management of our nation’s migratory birds," said Rowan Gould, acting director of the agency. "The new list benefits researchers, hunters, conservationists, state agencies, tribal governments, and birdwatchers by extending federal protection to all migratory bird species native to the United States while highlighting advances and changes in bird taxonomy that have accumulated since the list was last published."

The FWS gives the following reasons for the changes: "correcting previous mistakes including misspellings, adding species based on new evidence of occurrence in the United States or U.S. territories, removing species no longer known to occur within the United States, and changing names based on new taxonomy. The net increase of 175 species (186 added and 11 removed) brings the total number of species protected by the Migratory Bird Treaty Act (MBTA) to 1007.

A document with details of the revisions, includes the rationale for the myriad of changes, and provides a complete list of the species.

The list was last updated in 1985.

Known Bird-strikes in Omaha Streak Past 500

The finding of three more bird carcasses on June 13 documents a known tally of 502 bird-strike occurrences in east Omaha.

The species found and the locales where they occurred are the usual places where bird strikes have occurred on a nearly continual basis during the months since May 2008.

A male Indigo Bunting was the first carcass found on Saturday morning - instance no. 500 - on the west side of the Qwest Center Omaha. Pictures were taken to show the situation where the carcass was languishing on the sidewalk.

Indigo Bunting that died from hitting the glass wall on the west side of the Qwest Center Omaha. Note the features of the locale apparent in the background, included to prove the location of the carcass. Picture taken June 13, 2009.

This carcass was not handled in any manner - nor are any of the dead birds noted taken into possession - to ensure that there was no violation of aspects of the Migratory Bird Treaty Act. Apparently it is supposedly not legal to handle or possess migratory birds. Only photographs were taken while at a public or semi-public situation, which is not illegal at this time.

A female Mourning Warbler found on the south side of the Union Pacific Center is instance no. 501. The carcass was left in situ upon the sidewalk, a public venue. Someone that works on the premises would therefore be responsible for its pickup and disposal.

This removal would apparently be a violation of the Migratory Bird Treaty Act, since a permit is required to handle or possess a migratory bird and it would require that a carcass get picked to be thrown into the trash and would then be "in possession" of the person removing each dead bird.

Mourning Warbler struck dead by the glass at the Union Pacific Center.

Juvenile American Robin struck dead at the Harper Center, Creighton University.

A juvenile American Robin was another dead bird carcass - instance no. 502 - found on the south side of the Harper Center, a recently completed building on the campus of Creighton University. Someone will violate the MBTA when they pick up and throw away this carcass and any others on their grounds.

Each of the applicable violations have been ignored by federal officials of the U.S. Fish and Wildlife Service, the agency responsible for enforcement of the Migratory Bird Treaty Act. There is obviously some type of discretionary application of the law, as there have not been any citations for bird strikes at Omaha, or elsewere.

There have now been at 502 known bird strikes in a 14-month period at Omaha. Additional occurrences are known to have occurred at the National Park Service building on the riverfront, but despite several requests for information last summer, they would not provide any information with details.

There have now been nearly 500 known violations of the Migratory Bird Treaty Act during a 14-month period in Omaha, as the overall tally to consider cannot include the House Sparrow, European Starling or Rock Pigeon which are not covered by the MBTA.

Top 12 Locations for Number of Known Bird-strikes at Omaha • Qwest Center Omaha - 162 • Union Pacific Center - 41 • Kiewit-Clarkson Skywalk - 38 • Central Park Plaza - 37 • 1200 Landmark Center - 35 • Holland Center for Performing Arts - 31 • Gottschalk Freedom Center - 22 • Zorinsky Federal Building - 16 • First National Tower - 14 • Omaha Public Power District Energy Plaza - 14 • Harper Center, Creighton University - 10 • Omaha World-Herald Building - 10 A bird-strike is defined as the finding of a disabled or dead bird at a particular place, with information kept since May 2008 on the bird species, date, and particular location.

Deadliest Buildings for Migratory Birds

Qwest Center Omaha is the deadliest locale, considering that the greatest number of known instances of bird strikes have occurred at this building, with nearly every one on the west side with a facade of reflective glass. There are 162 available records, which is about one-third of the overall number of known instances of bird strikes in east Omaha.

The Qwest Center Omaha is managed by the Metropolitan Entertainment and Convention Authority, with Roger Dixon the ceo, and a management board that is also involved in some manner in decisions regarding the facilities. The organization has obviously done nothing to address the bird strikes, although they are certainly aware of the situation, as a Fish and Wildlife Service official met with them last year, and the staff of the facility clean up each carcass of every bird which now dies from striking the building glass.

There have been 39 instances thus far this year. Each strike is a violation of the Migratory Bird Treaty Act. Also, when staff pick up and dispose of a bird carcass, they are also violating a federal law by handling a migratory bird species without any legal authorization.

There has been no enforcement by the U.S. Fish and Wildlife Service of these blatant, obvious and ongoing violations of federal law.

It seems somewhat ironic that the second carcass of the morning was at the Union Pacific Center, which has the dubious claim of being the second in the overall tally of known bird strikes. This company has also violated the Migratory Bird Treaty Act numerous times, through the taking aspect of the law and by handling the bird carcasses when they are thrown into the trash for disposal.

At Creighton University, the Harper Center - with its construction completed in 2008 - is an up-and-coming building in the ratings for bird strikes. There are ten known fatalities, with the first known instance in mid-September last year, with six instances through the end of the year, and four thus far this year.

The Durham Research Center is an up-and-coming place for bird strikes, located at the western extent of the "wall of death" which extends from Omaha's riverfront to the two structures that comprise the research buildings on the campus of the University of Nebraska Medical Center. The two towers, and a skywalk which connects to older buildings on campus may be new constructs, but the UNMC campus has an unknown legacy of bird strikes indicated by the recent finding of a dead robin beneath the skywalk between Wittson and Bennett Halls.

The Sorrell Center is another new building, with an associated skywalk and localized landscaping, which is a newly documented hazard where a Common Grackle was found dead due to the use of glass as an exterior wall.

It should be pointed out, that each instance of a strike is a violation of the Migratory Bird Treaty Act, according to information received in several instances from federal officials.

Species Noted Most Often as Bird-strikes at Omaha • Common Yellowthroat - 52 • Purple Martin * - 45 • Lincoln's Sparrow - 39 • Nashville Warbler - 36 • Common Grackle - 28 • Clay-colored Sparrow - 20 • Indigo Bunting - 20 • Mourning Warbler - 16 • Tennessee Warbler - 16 • Ovenbird - 14 • Mourning Dove - 11 • White-throated Sparrow - 11 • Dark-eyed Junco - 11 * Instances for the Purple Martin should be considered a localized occurrence as they gathered in multitudes at a roost in midtown, as they have not noted to strike any buildings elsewhere.

Variety of Birds Killed or Injured

More than 70 species are represented in the total tally for Omaha.

Warblers and sparrows are mostly represented in the list of species with the greatest number of bird strikes.

Bleak Future

Birds that are struck dead in Omaha due to the built environment - with ongoing development to occur - will continue and the hazardous situation for migratory birds is going to worsen.

There are buildings to be built which have features that are obvious hazards to the many, documented species which migrate through the area in spring and autumn, or breed in suitable places within the urban environs.

At Creighton University, construction is just starting on the Rasmussen building, with much of the exterior walls comprised of glass. The architectural rendering obviously show this. This structure is located within a block of the Harper Center, so those species which have been rendered dead at this place, will also occur nearby, so there will be an additional hazard.

Creighton officials have also been informed of the bird strikes more than once, yet there has been nothing done to address the problems.

Further west, at the University of Nebraska Medical Center, there is the pending Maurer Center for Public Health which is also shown to include prominent glass features. With the typical landscaping placed about the campus buildings, this place will also be a hazard, based on the combination of reflective glass and vegetation.

Rasmussen Center to be built at Creighton University. View from the southwest. Note the extensive use of glass!

Maurer Center for Public Health to be constructed at the University of Nebraska Medical Center.

Ongoing Agony of Death

The death or temporary disabling of each bird for the known - and unknown for that matter - is an individual agony of suffering which is being completely ignored by the multiple companies managing the buildings where the strikes occur again and again.

The U.S. Fish and Wildlife Service which is responsible for enforcement of the Migratory Bird Treaty Act - which applies in each instance of a bird strike as it is considered taking - is also indifferent, as they have done nothing to stop the multitude of bird deaths, either in Omaha, in Lincoln where there have also been hundreds of birds strikes, and elsewhere across their jurisdiction in the United States.

When Robert Harms and June Deweese of the regional office at Grand Island were asked to comment on the deaths, they did not provide any reply.

Bird are going to continue to die - needlessly - with the extent unabated and basically thoroughly ignored! There is no "pro-environment" effort to conserve birds in Omaha, with the multitudes of deaths a definite "black mark" on any claim to being a "green city."

There were 500 bird strikes in 14 months. And the tally continues to climb ... as there were three more dead birds found on June 14th, and others will certainly occur with needless regularity.

Dead American Robin and House Finch on the south side of the Harper Center, Creighton University. June 14, 2009. When going past the west side of this building, another finch was heard hitting the glass but it appeared to be a glancing blow, as the bird was seen to fly away.

FWS Requests Qwest Officials to Comply With Bird Act

The U.S. Fish and Wildlife Service has made an official request that officials of the Qwest Center Omaha take steps to comply with the Migratory Bird Treaty Act. The request was made due to the ongoing deaths of birds that strike the glass wall on the western side of the building in downtown Omaha.

Reflective conditions at the west wall of the Qwest Center. Photos by J.E. Ducey.

"It is recommended that corrective actions be installed on the Qwest Center windows by no later than September 30, 2008," stated a registered letter sent to Roger Dixon, the president/CEO of the Qwest Center on September 4th by John Cochnar Deputy Nebraska Field Supervisor, at the FWS Grand Island office.

"From May 2008 to September 2, 2008, a total of 52 dead or injured birds have been documented at the Qwest Center. It is anticipated that the number of dead or injured migratory birds at the Qwest Center will increase as fall migration resumes in early September. Further, it is also important to mention that collisions with the Qwest Center windows have likely been occurring since the building was constructed, but went unreported," the letter said.

A variety of birds protected by the Migratory Bird Treaty Act have been among the fatalities, including the ovenbird, Nashville warbler, clay-colored sparrow, white-throated sparrow, palm warbler, gray catbird, and American redstart.

"The MBTA prohibits the direct intentional and/or unintentional take (i.e., killing or injuring) of migratory birds," the letter said. "Collision of birds with windows is an example of a prohibited form of unintentional direct take. The MBTA has mandated provisions that require the Service to enforce actions that result in the direct intentional and/or unintentional take of migratory birds. In the past, the Service has fined entities for violations of MBTA in Nebraska."

Carcass of a Gray Catbird on a bench at the west side of the Qwest Center. Picture taken 9 Jun 2008.

Representatives of the Qwest Center were previously made aware of provisions of the MBTA in an e-mail sent by FWS biologist Robert Harms on June 3, 2008, and at a follow-up meeting with two other representatives of the Qwest Center at an onsite meeting on July 31. A copy of some "Bird Safe Building Guidelines" were also provided to the Qwest officials at the July meeting.

A meeting between Qwest officials and a biologist with the FWS has been scheduled.

"The Service's preference is to always work collaboratively in circumstances where birds are being unnecessary killed or injured to develop corrective actions. We look forward to working with the Qwest Center to avoid the further unnecessary death and injury to migratory birds and plan to meet with you on September 24, 2008, to offer technical assistance."

"Protection of migratory birds, a public trust resource, is a priority for the Fish and Wild Service in Nebraska given the tremendous migration that occurs annually in our state," Harms said. "In North America, there has been a widespread decline in many species of migratory birds due to habitat loss. When we know that the unnecessary death and injury to migratory birds is occurring and that there are solutions to prevent this, the Service as a benefactor of that public resource will take steps to do something about it."

There has been no action taken yet to implement preventative measures to reduce or eliminate bird strikes, according to Harms.

Map showing September bird strikes in eastern Omaha.

Second Letter Sent by FWS

A letter similar to that sent to Qwest officials was sent to the Omaha World-Herald on September 10th, also asking that corrective actions be installed by September 30th.

Company officials were informed of bird strikes at a meeting held on July 31, 2008. The Company was asked to advise the FWS officials "once corrective actions have been completed."

Bird strikes have been documented to occur at the west side of the Freedom Center, and at the east side of the OWH Building.

Phoebe Death Marks 800th MBTA Species at UNL

James Ed. Ducey

With autumn migration continuing, wildbirds continue to die from striking buildings at the city campus of the University of Nebraska-Lincoln.

The death of a juvenile Eastern Phoebe marks the 800th known record for species "protected" by the Migratory Bird Treaty Act. The carcass - found mid-day on Sunday, October 7th - was at the north passageway, east side between Oldfather Hall and Bessey Hall. The dead bird had not been present at first morning.

This is the first known record of the species on the campus.

A Northern Cardinal was found early Sunday morning, after it was killed by striking the glass of the south passageway at Oldfather Hall. This species is a resident on campus.