Tanager Window-Strike Species No. 100 at Omaha

A dead Summer Tanager at the Omaha-Douglas Civic Center is the 100th species found in association with known window-bird strikes in eastern Omaha. The carcass of a first year male, despite being found soggy and forlorn on the west side of the building, at the south end in a corner of the plaza, was nonetheless colorful with subtle hues of red and yellow, with features of its plumage instantly indicative. Based upon its degraded condition, the fatality probably occurred May 27th, though it was not found until the 28th. The former bit of wildbird life was placed into my personal bird-carrier bag, hung on the bicycle frame, and later disposed of at a natural place, rather than getting tossed, indifferently into some container full of human's trash.

The first hours of Monday morning were too rainy, based upon rain drops on the roof and radar perspective, for the usual survey as done along a regular route, via numerous and nearly continuous rotations of bicycle pedals; excluding the downhill parts of the route. This is the second recent morning where a survey was not done, due to the current rainy and stormy cycle of weather.

Also found Tuesday morning were a couple of Least Flycatchers at the CenturyLink Center Omaha (one soggy dead carcass and one disabled bird moved to a safer space). A soggy Tennessee Warbler and female Baltimore Oriole, both lingering carcasses, were at the west side of the Omaha Public Power District Energy Plaza, a few feet south of the buildings' west entrance. The latter two were probably also from the 27th.

This morning's outing was not very smooth because of an especially obvious defect of my transportation. A side of the rear wheel rim of the bicycle split, so when the tire had correct pressure, a metallic bulge meant the brake pad hit the brake pad, causing the wheel to jump and then jerk when using the rear brake. Nothing was smooth and it was also noisy, and a complete bother. Add to this, that when walking, the tire would often stop revolving when it got stuck at the four-inch long bulge, which only stuck out about a quarter of an inch which was however enough to cause the wheel to not turn and drag along the surface, whether it was sidewalk, grass or mud on this Tuesday. The whole situation was a negative diversion, resulting in many words better left ignored for the day!

The situation was profoundly obvious in a negative manner, just a short time later, while going about Carter Lake and Levi Carter Park on another morning bird survey, because winds were finally light in the early a.m. Despite the vexing mechanics, it was nice to prominently see a live Scarlet Tanager along the southeast shoreline of the lake, its red-and-black plumage obvious, among the arboreal realm. This was a new addition to the species recorded among the spaces at this place.

Later, back at the house after an unknown multitude of pedals on a muggy morning where blue skies eventually replaced the clouds, and after removing the wheel, removing the tire and tube, some prying efforts were tried with a tool. The attempt to force the metal back into proper alignment was unsuccessful, though it did seem that the rim lines were suitably aligned. Once the tire, under pressure and back in place on the bicycle frame, and the wheel was turned to determine it if was suitable for riding, it became obvious real soon that there was no improvement. The only result was dirty fingers, that had to be scrubbed clean at the kitchen sink.

It's time, again, for the well-worn Giant — that would be the model type — to get taken to the Walnut Hill bicycle shop for installation of a new rim. This had been planned to get done in a few days, because of at least five broken spokes, but the newly found break has moved forward the day to get the ride repaired. Now more than 25 years old, the frame and handlebars of this essential and omnipresent feature of so-many city travels is likely the only remaining original parts.

There will be many more rides upon its two wheels (which still needs new handle grips, a front tire, and a seat). Perhaps, maybe, in the future there might will be a new cycle, one of them with the big wheels, fewer gears, a really comfortable seat and smooth in all of its operations, and most importantly, without the need for repairs!

While walking back from delivering the bicycle, a small plastic bag of recyclable cans and plastic was picked from along the dirty Omaha Streets. Another was also filled to overflowing on the walk back — along a different route — to pick up the bicycle once the repair was completed.

Plastic trash removed from Omaha streets so it could be recycled.

Early History of Carter Lake and Levi Carter Park

Ravaging waters of a spring season along the untamed Missouri River had water forces which were creating a new oxbow lake along the Missouri River, just north of Omaha. High flows of the river waters would cut through a short section of floodplain land that would leave behind what had been a riverine channel.

First indications of a shift in the river channel change were obvious in March, 1877, because the event was occurring just north of Omaha, with its reportorial newspapers. By the end of July, the revision had occurred, where there was a shortened channel, and a new cutoff lake in North Omaha, which included land which had been along the western border of Iowa.

The former channel became Cutoff Lake, a horseshoe-shaped place among the soggy bottoms eastward of the bluffs of eastern Omaha and prominent along the river bend. There was also Florence Lake, nearby to the north.

Map of the Cutoff Lake area in 1879. Prepared by the Corps of Engineers.

Map of the Cutoff Lake area circa 1895. Prepared by the Missouri River Commission.

Once the lake was naturally created, it became the scene for various changes or so-called improvements, as reported on the pages of the local newspapers, especially the Omaha Bee.

A 1902 "High School Notes" column indicated that "A number of Mr. Benedict's pupils enjoyed an excursion to Bemis Park early Friday morning to study birds. Another excursion was held at Cut-off Lake Saturday." — Omaha Bee, May 19, 1902

In 1907, a "Careless Hunter Fined" article indicated that Phillippo Grace pleaded guilty in court to shooting and pursuing birds at Cut-off Lake. His fine was $6 and costs. "This was the first prosecution in Douglas county under the new game law." — Omaha Bee, April 18, 1907

The most significant event for the locale occurred in 1908, when Levi Carter Park was established. Mrs. Levi Carter (maiden name: Salina Coe; Levi Carter and Isaac Coe were partners in timber cutting in the west, and also initiated a cattle operation in central Nebraska, near Wood River in 1870) donated $50,000 to acquire more than 250 acres to establish the park, plus $10,000 per year for five years, which at the time was the largest ever donation to the city of Omaha to newly establish a park. The park was named for the then deceased Levi Carter, former president of the Carter White Lead Works. The "handsome gift" was detailed in a July 16, 1908 article in the Omaha Bee article.

"Mrs. Carter makes the gift as a memorial to her husband, the late Levi Carter, who she states in explaining the gift passed the land daily in going to and from his business and was among the first to see its desirability for park and boulevard purposes."

Additional comments were given which indicate the uniqueness of the park place, which would forever be named Levi Carter Park, according to the Parks Commission resolution accepting the donation.

"The lake covers 300 acres and being in the shape of a horseshoe it will furnish excellent sailings
no matter from what direction the wind comes. The new park will be the only one having level drives and affording boating, bathing, fishing and other aquatic sports. The lake and park are in plain view from the city hall, the high school, the hills extending from Sixth and William streets and tho new boulevard being extended east of Prospect hill cemetery.

"Nothing will add so much to the beauty of Omaha and the Omaha landscape as the Improvement of Levi Carter park," said Ed. P. Berryman, president of the Board of Park Commissioners. "Owing to the fact that all the other parks lie on broken and hilly ground, this new park will furnish a most pleasing variety. Its water effect will make it the most beautiful park possible in any city west of Chicago and south of Minneapolis, and the people of Omaha ought to be, and I know they will be, proud of it and thankful to the generous doner" [sic].

The park land was nearby the lead works in north Omaha, and the tract had originally considered including the bluffs west of the lake, and to 14th Street, where there a grand boulevard roadway was to be built.

The donation meant further improvements at the site, especially in 1909, which included 261.13 acres donated by Mrs. Carter, along with other acres taken from adjacent landowners.

In the spring, a dredge was to be used to deepen the "Salina Sea" which was supposedly to be the proper name for the lake, with the removed silty material to be used in "grading the low land in the park before trees and shrubbery is transplanted." The Salina Sea name was a designation that temporarily recognized the monetary contributions by Salina Coe Carter.

When the donation was made, "some 6,000 acres" in the vicinity were a floodplain setting, subject to flooding, channel changes, etc., according to the July 16, 1908 Omaha Bee article.

In the May 16, 1909 issue of the Bee, a seemingly full-page article titled "Summer Pleasures on the Waters of Cut Off Lake" indicated the excitement associated with the lake and its improvements, as issued on a page of the Omaha Bee.

A clue to the reason for the donation by Mrs. Levi Carter is conveyed by a bit of essential news in July, 1909. The widow of Levi Carter married E.J. Cornish, the president of Carter White Lead Works. He was also a member of the Board of Parks Commissioners for Omaha city, and had been for years.

In September 1909, the Omaha park board passed a resolution that Carter Lake be the "official" name of the lake, instead of Cutoff Lake.

In October, an article indicated that Fred Evans was representing the Omaha Rod and Gun Club as unwanted fish were being seined from Carter Lake. The "fish commissioners of Iowa and Nebraska" had provided permission to "take out the buffalo and carp," according to an October 30 article in the Omaha Bee. They were using a 600-foot net to accomplish their task. The four people responsible for the task had originally been arrested, because it was thought by the club that they were undertaking an illegal activity. This was eventually "straightened out" once a club member became a required part of the effort.

Another special focus article was issued in the Omaha Bee on April 23, 1911, titled "Carter Lake and Park to be Expanse of Real Beauty" which also included pictures of typical recreational activities, such as swimming and fishing.

The generosity of Mrs. Cornish continued. In December 1911, there was a donation of $20,000. Another newspaper report indicates Mr. and Mrs. E.J. Cornish donated $25,000 to 35,000 to help complete work to develop Levi Carter Park. In 1915, another $5,000 was donated to build a retaining wall around the lake.

Details of these particular events, as reported by the Omaha Bee, can be found by searching contents of this newspaper at Chronicling America.

Highly Reflective Glass Being Used at Gavilon Building

A highly reflective exterior glass is currently being installed on the north side of the Gavilon building under construction along Capitol Avenue in downtown Omaha. During several recent early morning visits, the reflective character of the glass was readily obvious as objects associated with the nearby city-scape, including small pigeons atop a building across the street, could be clearly seen, though they were only a reflection of a some associated place.

Reflective glass is known to create a hazardous situation for migratory birds, especially when landscaping features are included adjacent or nearby. What may appear as vegetative growth, as apparent upon the glass surface is actually a danger. Birds will think there is tree foliage available to land within, and then, instead, strike the glass and either be killed or temporarily disabled.

"To help minimize collision risks, we plan to incorporate low to mid-reflective, tinted glass with gradient frit detail or solid glazing," said Robert Jones, chief administrative officer of the Gavilon Group, L.L.C. in a previous story.

Despite claims to the contrary, the type of glass being used thus far on the upper extent of the north exterior will likely create another hazard for migratory wildbirds in downtown Omaha. It is not yet apparent the type of glass to be used on the lower level.

Three emails were sent to about this matter to the company president during the past week There was no reply.

It would be expected that bird mortality may occur as soon as this autumn, during the fall migration season, as the exterior, glass facade on the north side of the building should apparently be completely constructed by then.

Reflective glass condition as seen on May 14.

Reflective glass condition as seen on May 21.

Bird Window-strike Number 1500 in Douglas County

Window-strike number 1500, based upon personally gathered records,was found the morning of May 19, 2013 at the CenturyLink Center Omaha, Douglas County. It was a male Common Yellowthroat at the north-facing entry near the south end of the west side of this building. While processing details of the scene, including the particulars for a disabled waterthrush less than three feet distant, another impact upon the glass was subtly heard and within a couple of moments, there was another stricken yellowthroat. A female yellowthroat landed within 24 inches of where the male bird was lying dead. The second yellowthroat was disabled at the time, so was moved to a safe place to facilitate recovery, and upon checking about 30 minutes later, it was gone, hopefully to a better place? While the waterthrush was also later recovering, and while making its way, it got chased by a predominant American Robin, apparently because the larger bird had its territory and did not want any intruders. The confrontation certainly made recovery more stressful for the waterthrush.

Male Common Yellowthroat fatality at the CenturyLink Center Omaha.

Disabled Louisiana Waterthrush at the CenturyLink Center Omaha.

Disabled female Common Yellowthroat at the CenturyLink Center Omaha.

Elsewhere during the early morning, another yellowthroat mortality was found at the south wall of the Holland Performing Arts Center, just west of the fourth column from the east. It was also a female that had been making its way northward to find a mate, lay some eggs and raise some young. That intent was drastically ended.

There have been 162 known window-strikes associated with the Common Yellowthroat in eastern Omaha. The overall tally of this endeavor indicates that the only species "impacted more" has been the Lincoln's Sparrow, with 165 instances. Next atop the tally is the Purple Martin, with 98, and then the Nashville Warbler with more than 85 instances, if numbers might be of interest?

During the morning outing this disabled Red-eyed Vireo was noted at the Central Park Plaza. The bird subsequently died. Notice how the bird is obviously suffering due to it hitting glass of the north tower.

Wind Energy Comments Promote Wealth Not Environment

A personal perspective recently presented about wind-energy is simplistic in numerous ways. The view, given by a letter to the Public Pulse in the local newspaper on May 16th, does however accurately convey the position of the writer, Richard Holland.

The letter has a primary emphasis that wind-energy development could promote the "opportunity for increased wealth" that would be advantageous. There was the staggering suggestion that 2-3000 wind turbines should be placed within Nebraska.

This perspective is so dramatically short-sighted that it is but a misguided promotion piece.

There was nothing said to refer to the impacts of wind-turbine development. How may wildbirds might get killed by the turbines? How much wildlife habitat might be destroyed by turbine installation? How many miles of associated powerline will mar the landscape in order to connect a turbine facility to the grid?

And more importantly, why should tax-payers be required to pay subsidies for wind energy development? This is especially a ruse, needed to money from many to line the pockets of a few. Extensive development would not "be beneficial to every Nebraskan," despite what Holland might convey.

Perhaps if Holland wanted to do more than sign checks and write letters to the editor, he could get involved with making the Holland Performing Arts Center in downtown Omaha a bird-safe building. The glass-walled building for which he was a primary benefactor, is a well-known hazard for migratory birds, with more than a hundred instances recorded. There would certainly be more, but facility staff find the carcasses and dispose of them to ensure that they are not recorded. The Omaha Performing Arts Society has done nothing to revise the glass facade, as explained repeatedly, because it would mar the buildings features and would have an excessive cost.

Holland also uses his wealth to donate to Bold Nebraska, which also has a driven effort for wind energy development, without any apparent consideration of negative aspects.

Both the letter writer and organization need to broaden their perspective. Nebraskans have the will to act, but why should they act in a manner which is neither economically or environmentally suitable.

A recent bird fatality at the Holland Performing Arts Center. May 19, 2013.

The most recent bird fatality at the Holland Performing Arts Center. May 19, 2013. These are both female Common Yellowthroats.

Trashing Wildbirds at CenturyLink Center Omaha

Bird mortality continues to occur at the CenturyLink Center Omaha, especially in the past few days of this May, 2013.

A response to the mortality is indicative.

Within the past week, there have been four instances of bird carcasses being found in different trash receptacles along the west facade of the building. The known records, obvious without "sifting" through the trash, are:

1. 11 May: Yellow Warbler throw into a trash receptacle at the southern extent of the west side (as reported previously, and with a picture)
2. 15 May: female Indigo Bunting, near the southern extent of the west wall
3. 16 May: a male Common Yellowthroat and a Gray Catbird found in two different trash receptacles on the morning of May 17th. Both of these birds had apparently been killed by striking the glass on the previous date, the carcasses were seen, and then and then disposed of to ensure they were not present at any future time, including the survey the next morning.

Rather than address the issue, and despite any letters sent by the U.S. Fish and Wildlife Service to assist in reducing mortality of wildbirds, it is certainly much easier to just throw carcasses into the trash.

An additional Common Yellowthroat carcass found the morning of May 16th, at the west side of the CentryLink Center Omaha.

Security staff associated with the Qwest Center Omaha were observed throwing bird carcasses into trash receptacles at this building, in both September and October 2009.

Oriole Suffering

One of the worst instances of a bird suffering from a window-strike at this building was obvious early on the morning of May 16th. An Orchard Oriole, was found south of the southern most convention center entry, east of the north-facing entry on the west side of the building. There was not only blood dripping from its beak, but a few other drops nearby. This bird could not be rescued or taken to a safer space, because it flew away. Its prospects for survival seemed dismal, but its fate is not known.

This is only the second instance of an Orchard Oriole being a victim of a window-strike in eastern Omaha, in the period from May 2008.

A video clip shows the suffering condition of bird after striking glass at the most dangerous building for migratory birds in eastern Omaha.

Additional Mid-May Bird-Window Strikes at Omaha

There were many more migratory wildbirds killed or disabled due to striking glass facades around eastern Omaha as they undertake the gauntlet along the Missouri River valley. Habitat places are treasures, but hazardous places are more prevalent.

This is a list of the species, the building and appropriate notes for instances observed early in the morning on May 14, 2013. Especially notable records are shown in bold text.

1. Clay-colored Sparrow: Rasmussen Center, Creighton University - disabled after hitting glass above solid, main entry door on the west end of the south side; seen to happen at 6:10 a.m. The is first known strike at this recently constructed building, though there was an expectation of their occurrence, due to the extent of glass facade on the structures south side, as initially obvious as shown on architectural renderings.
2. Common Yellowthroat: TDAmeritrade Park - disabled male on south side, directly north of 12th Street; the second known instance of a strike at this facility, and the previous one was also a Common Yellowthroat. Surveys have been basically limited to its southwest corner and southern extent where glass is prevalent.
3. Clay-colored Sparrow: Qwest/CenturyLink Center Omaha - carcass at south side of south convention center entry, east of the north-facing entryway.
4. Nashville Warbler: Qwest/CenturyLink Center Walkway - carcass on the north side of the east end, about 25 feet from center entryway. Records only from 2013, and then three either on May 12th or 14th.
5. Lincoln's Sparrow: Holland Performing Arts Center - carcass on the south side of the central courtyard, at the western side of the east section.
6. Yellow Warbler: Gottschalk Freedom Center (an Omaha World-Herald corporation building) - carcass on the west side, at the third section from the north.
7. House Wren: Omaha Public Power District Energy Plaza - carcass on the west side, just north of the entryway; only the third spring record thus far in six years.
8. Clay-colored Sparrow: Law Building - carcass on the north side, and the second section from the west
9. Clay-colored Sparrow: Law Building - carcass on the north side, and the third section from the west; the two carcasses about four feet apart
10. White-throated Sparrow: Omaha-Douglas Civic Center - carcass on the south side of the atrium, at the east side of the doorway
11. White-throated Sparrow: Omaha-Douglas Civic Center - carcass on the north side of the atrium, at the east side of the doorway
12. Gray Catbird: Woodmen Tower Skywalk - disabled on the north side of walkway, towards the west portion, in street next to sidewalk.
13. Red-headed Woodpecker: World Building - carcass on the west side, and the north corner; only the fourth record in six years, with each occurrence at a different building. The last known occurrence for this distinctive species was in 2010. This morning is was a redhead dead on the sidewalk, again.
14. Virginia Rail: Brandeis Parking Garage - carcass on the north side, about in the middle, just east of vehicle driveways.
15. Brown Thrasher: Kutak-Rock Building - carcass on the west side, in the northern one-fourth; latest spring record during period of surveys.
16. Virginia Rail: DLR Group Building - carcass on the north side, in the middle near the fourth column from the east; the second strike instance known from this building in Aksarben Village, with other being a decrepit carcass of a passerine noted in May 2011. Fatalities here were expected based upon exterior features shown by architectural renderings for this recent construction. Only the fourth overall occurrence for this commercial/residential district, which has not visited very often, being "outside" the usual route. This was also the first record for this rail, which has not been from downtown Omaha. However, a report in the last couple of weeks indicated one struck some building in the vicinity of 72nd and Dodge street, as the disabled bird was filmed, and its identity subsequently confirmed by a local birder.

By adding the known strike occurrence for the past six years, Julian Date number 134 is the deadliest, thus far for spring, with 28 records. For day 133, there are 123 in comparison. Additional deadly dates could occur yet this May period.

There have been 58 known strikes thus far this year, with forty of them in three days is appalling!!!

There are possibly also additional records for the Curtis Park Service Building at the riverfront, where records in the past have been kept by staff of the National Park Service office. The actual status of the current extent of strikes here is not currently known.

	The two sparrows are pictured where found on the north side of the Law Building.
	This catbird could not even hold its head up straight.
Note the bird's tongue sticking out because of the impact.

May 15th

The pattern of numerous strike occurrences continued, with ten denoted, including one at a different building, and another instance found upon a return to the CenturyLink Center west facade.

1. Common Yellowthroat: Zesto Building: Lids Locker Room - carcass on the east side of the building, in the glass section south of the entryway
2. Indigo Bunting: Qwest/CenturyLink Center Omaha - disabled male on the west side, at the corner
3. Common Yellowthroat: Qwest/CenturyLink Center Omaha - disabled male on the west side, just south of the northmost entry
4. Indigo Bunting: Qwest/CenturyLink Center Omaha - carcass of a female in the trash receptacle at the south corner of the southmost convention century entry
5. Clay-colored Sparrow: 1200 Landmark Center - carcass on the north side of the east building, third section of glass from the east
6. Ovenbird: 1200 Landmark Center - carcass at the south side of the atrium, west of the entryway
7. Clay-colored Sparrow: Union Pacific Center - disabled on the north side, about 15 feet east of the entry
8. Ovenbird: Kutak-Rock Building - disabled on the west side, about 25 feet from south corner
9. Lincoln's Sparrow: Omaha World-Herald Paper Storage Facility - carcass at the middle of the south side
10. Common Yellowthroat: Qwest/CenturyLink Center Omaha - disabled male on the west side, at the north corner; found later, and in same place as Indigo Bunting earlier

	The dangerous east facade of the Zesto Building in north downtown, designed with a reflective glass exterior, known to be hazardous to migratory wildbirds.
Note how the tip of this bird's upper bill was bent by the impact.

The average is more than 12 strikes daily, during the past four days.

Deadliest May Morning for Spring Window Strikes

Dead Yellow-rumped Warbler at the Zesto Building, i.e. Blatt Beer and Table.

Monday morning, May 13th, was the deadliest spring morning for bird migrants through east Omaha. There were 18 known window-strikes at eleven different buildings.

These are the species found, the locality and notes... There were likely other fatalities in the vicinity, but not every potential building was visited.

• Yellow-rumped Warbler: Zesto Building: Blatt Beer and Table - carcass on the east side, by the second from south doorway
• Clay-colored Sparrow: Qwest/CenturyLink Center Omaha - carcass just north of the main convention center entryway
• Rose-breasted Grosbeak: Qwest/CenturyLink Center Omaha - carcass of a male at the eastern portion of the north-facing entryway at the south extent of the west side
• House Wren - Qwest/CenturyLink Center Omaha: disabled at the western portion of the north-facing entryway at the south extent of the west side

Dead Rose-breasted Grosbeak at the CenturyLink Center.

• White-throated Sparrow: 1200 Landmark Center - carcass on the north side of the eastern building, in the middle extent
• White-throated Sparrow: 1200 Landmark Center - carcass on the north side of the tower, at the eastern corner
• Lincoln's Sparrow: 1200 Landmark Center - carcass at the east side of the north doorway into the atrium
• Gray Catbird: 1200 Landmark Center - disabled bird at the west-facing wall, east of the south entryway into the atrium; bird dead within five minutes
• Clay-colored Sparrow: Central Park Plaza - disabled outside the south-facing glass at Starbucks, at the north tower; bird taken and released elsewhere
• Clay-colored Sparrow: Central Park Plaza - disabled at the western plaza area of the south tower; bird taken and released elsewhere
• Clay-colored Sparrow: Union Pacific Center - carcass along the west side, a couple of yards from its south end
• Red-eyed Vireo: Gottschalk Freedom Center - carcass on the west side, by the fourth section of glass from the south end

Dead Sora the the First National Bank Tower.

• Clay-colored Sparrow: Zorinsky Federal Building - carcass on the west side, at the second section from the north end
• Sora: First National Tower - carcass on the east side of the main tower, at the northern extent of the steps, adjacent to the public sidewalk
• Tennessee Warbler: Omaha Public Power District Energy Plaza - carcass on the north side, at the first section from the west corner
• Clay-colored Sparrow: Law Building - carcass on the east side at the northern section of glass
• White-throated Sparrow: Law Building - carcass on the north side at the second section of glass from the west corner; a live one acting confused prominent on the west side of the building
• Lincoln's Sparrow: Omaha-Douglas Civic Center - carcass on the north side, just east of the doors into the atrium

Group portrait of many of the bird fatalities/carcasses from May 12th and 13th, 2013.

Additions to Fontenelle Park Birdlist

It was a crisp morning on May 12th, with no wind and the mostly sunny skies were quite nice during another visit to Fontenelle Park, in north Omaha.

Once again, it was a rewarding visit since seasonal migrants were present had not been previously observed at this green space.

The bug hatch at the lagoon was an attractant to three species of swallows, including the newly noted Northern Rough-winged Swallow, and the previously recorded Barn Swallow and Tree Swallow.

The bug hatch at the lagoon was an attractant to three species of swallows, including the newly noted Northern Rough-winged Swallow, and the previously recorded Barn Swallow and Tree Swallow.

At the wood grove on the eastern hillside, there were four species newly seen, including a couple of Swainson's Thrush, a Least Flycatcher bug catching, a Yellow Warbler in its vivid color and the mighty ground-walker, an Ovenbird. Several Yellow-rumped Warblers were busy among the arboreal realm. A White-throated Sparrow was still lingering. A couple of Brown Thrashers were seen, skulking.

A plethora of goslings were present at the north side of the murky lagoon, so "Mother Goose" was kept busy watching over the broods. Dad was also closeby. One pair were watching over more than 20 of the small geese, which is seemingly more than one pair would have hatched. Watching these little fowl forage and walk along, provided some appreciated moments expressive of the attentive focus of an avian mother. Both parents talked to the gosling progeny. Many undeniably cute views of the individual goslings going along their way were conveyed this day's morning by being careful in approaching the birds, not being intrusive, and allowing the geese to move around in their manner.

Other waterfowl present were numbers of the Wood Duck, several Northern Shovelers, and a pair each of the Mallard and Blue-winged Teal.

Among the relict, emergent cattails on at the west side of the lagoon, were a few Red-winged Blackbirds. Nothing special, but still enjoyable because of the bit of different habitat.

The prominent dismal aspect of the visit, was the trashy conditions of the park. Obviously no neighborhood group has held a recent cleanup day here. Also, the contractors associated with the construction of a new picnic pavilion, could not maintain a trash free work-site. Some large pieces of cardboard were thrown over the sediment fence, and back into their work area, since the apparent alternative would be that it would end up as debris within the lagoon.

Mid-May Sunday Window-strikes in Eastern Omaha

With the unusual weather this spring in the Missouri River valley, the instances of known window-strikes has also shown some differences in comparison to previous seasons.

The lesser extent changed dramatically on the morning of May 12th. Departure on the bicycle survey started at 6 a.m., and within a quarter-hour, a new site for a bird death was noted. There was a dead Orange-crowned Warbler at the entryway on the south side of the D.J. Sokol Arena, at the Creighton University campus.

This was a preventable death.

Staff with facilities management had been asked to keep the entryway blinds closed, but in the past week or ten days, the blinds were opened. Despite my concerns, their office was not called, in order to provide an attempt to further consider and evaluate the situation. The sordid result was obvious as vividly expressed by the warbler fatality.

An extent of too-much time was required to document the carnage at the CenturyLink Center Omaha. The first fatality observed was an Orange-crowned Warbler near the north end of the west side. A bit further, a Blackpoll Warbler was beneath a public bench, dead.

Beneath the walkway connecting the center to the motel across the street, were two carcasses. Both the Clay-colored Sparrow and another Blackpoll Warbler had struck its south side. Though there have been many strikes at the Qwest/CenturyLink Center, these two were among the very few associated with this structure at the site.

The most significant finding of the early morning was the carcass of a male Yellow Warbler. It was not along the building facade, but was obvious in a trash receptacle. Someone had picked up it from nearby and "thrown it away."

The person responsible for this act is not known, but by throwing birds "away" or otherwise removing them from the place of their occurrence, is a known action that has been previously undertaken by "hired security" at this building and by employees at other buildings in downtown Omaha. It is done to remove any evidence of a bird strike, and to indicate a lesser number of instances of bird death or disabilities at a particular place.

Obviously it is meant to convey that the structure is not harmful ... the adage "out of sight, out of mind" applies.

CenturyLink Center on morning of May 12th. The left picture is of two fatalities beneath the walkway, and the other is the Yellow Warbler in the trash receptacle.

The eastern side of the Zorinsky Federal Center seems to be problematic this year. A third instance of a strike was a disabled Ovenbird -- with its mohawk coloration obvious" on the east side of the building, just a relative few feet from the south end. There was another fatality a few days ago, but it was not recorded as the carcass was smashed to a point of oblivion, and was so destroyed as to decide to leave it lay. The remains were still there today.

Disabled Ovenbird at the Zorinsky Federal Center.

There have been 24 known window-strikes in the eastern Omaha vicinity, thus far this year. This includes three surprising instances at the Zesto Building in north downtown. There had previously been only one record for this place.

Carp Back in Carter Lake

Carp are back and thriving in Carter Lake.

"There appears to be two year classes (2011 and 2012)," said Chris Larson, the southwest regional fisheries supervisor, for the Iowa Department of Natural Resources.

A recent electrofishing survey by fisheries staff of the Nebraska Game and Parks Commission "captured less largemouth bass and more carp than in 2011," Larson said.

Carter Lake had been treated in October 2010 to remove the unwanted carp and to help improve the water quality of the lake.

"I am confident we did a good job with our chemical application in the fall of 2010," Larson said. "I believe someone stocked them on purpose to reverse the water quality improvement efforts that we completed. There were some that were very upset with the rooted aquatic vegetation that followed the improved water quality. I have no proof, but there were threats to stock carp from a few of the residents around the lake."

During the Game Commission survey, there were 15 carp captured, said Mark Porath, a fisheries biologist with the Nebraska agency. The larger carp were "of a length usually found in older fish, we can easily surmise that they didn’t survive the fish renovation, but gained access to the lake afterwards."

The water quality of the lake may have already started to decline because of the presence of the carp, which "root out" aquatic vegetation and stir up sediments.

"From what I hear it may have already started," Larson said. "Water clarity is not as good this spring compared to 2012, but it may also be because of the colder water temperatures. My hope is we can get along for a few more years. Typically 5-10 years is about all we could hope for before the water quality deteriorates to the point of being unacceptable."

Additional fish surveys are planned, especially this autumn, and will provide further information on the condition of the lake fishery.

Carp spawning at Levi Carter Pond, May 15, 2013. Photo by James E. Ducey.

Distinctive Common Names for Birds of Historic Canada

When Ernest E.T. Seton compiled a synopsis for birds of Western Manitoba, there were many interesting facts of distribution and occurrence. He'd visited many of the places in the region, gathered information on bird occurrence dating back, most prevalently to 1880. Dates of seasonal arrival and departure were considerations derived from Carberry, and were "approximations," he indicated. Seton graduated from the Ontario College of Arts in 1879, and then lived in backwoods and prairie areas of Canada.

His two-part article issued in two issues of the The Auk in April and July 1886, followed the most recent American Ornithologists' Union list of acceptable nomenclature. Mr. Seton was obviously attentive to what was occurring in association with the explosive reportage associated with birds, as indicated by various journals, newspapers, and other miscellaneous publications. Contributions from several other prominent bird enthusiasts familiar with the region, as well as previous reports pertinent to the region, were also considered and essential to the article. More than 300 distinct records are available from this source of bird history.

Especially interesting are a few unique common names used in the region. These are some of the more significant highlights for the "local English names" which Seton included. They are given in the order as originally presented.

Double-crested Cormorant: crow duck

In 1861 and 1881, crow duck was used in reference to the American Coot, as reported from the District of Columbia (the early instance) and Illinois (the latter instance).

Whooping Crane: flying sheep

This is the only known reference for use of this common name. Perhaps the name was derived from this crane being large and white, two traits which can also be applied to sheep.

Bartramian Sandpiper: prairie plover, quaily

The second name is unique to this report, based upon a comparison to thousands of pre-1885 records of occurrence for this, and any other bird species.

Canada Jay. Whiskey-Jack. Wis-ka-tjan

The latter term is a "corruption of the Indian (Cree?) Wis-ka-tjan," Seton indicated. "This last name should not be lost sight of" he noted, indicating how it had special significance. This is another example of a unique name, as even among several known instances of tribal language which refers to this species, there is nothing similar.

In 1743 the Cree did refer to this garrulous bird as the "wap pis ka John" or "wap pa whicker John" based upon observations and documentation done by James Isham at Hudsons Bay.

 

Brewer's Blackbird: satin bird

Another example of a distinct local name.

Lark Bunting: buffalo bird

In 1849, this common name was used in reference to the Brown-headed Cowbird, when they were seen at Camp Mary, near the trail crossing over Grand Nemaha River, Gage County, Nebraska during a military expedition. On August 13, 1875, the same appelation was associated with a "type of jay" as noted in the vicinity of Camp Crook, Dakota Territory.

Yellow Warbler: spider bird

It is not apparent why the Canadians would refer to this species in this manner. The term is not obvious among other historic bird accounts.

In addition to the several distinctive common names, there were others indicated which were regularly used in the historic bird literature. A summary of his additional mentions, refresh any perspective of local terminology. Other typical common names -- as regularly used in many different historic reports about birds -- and included by Seton were:

• Pied-billed Grebe: dabchick
• Frankin's Gull: rosy gull
• American Merganser: sheldrake
• Red-breasted Merganser: fish duck
• American Scaup Duck: big bluebill
• Lesser Scaup Duck: little blue-bill
• Ring-necked Duck: marsh blue-bill
• Knot: robin snipe
• Semipalmated Plover: ring plover
• Pileated Woodpecker: cock-of-the-woods
• Flicker: highholder
• Western Vesper Sparrow: baywing
• Bank Swallow: sand martin. This common name, is now the proper name as designated by the International Ornithological Committee, in their most recent taxonomy for birds of the world.

The Searchable Ornithological Research Archive has both issues of The Auk, wherein this article was published, available in their entirety for further consideration.

Will Omaha Project Remove Water Essential for Goslings?

A project to revamp the Gene Leahy Mall in downtown Omaha is currently underway. Contractors are present and the site is fenced to prevent any unwanted access. Many things are being changed, and that includes the extent of water in the lagoon.

The goose family at Gene Leahy mall.

The shallow waters of the relict lagoon are still readily seen from a street overpass over the place. Obvious on Sunday morning, May 5th, mom and pop goose (a.k.a. a pair of Canada Goose) and their seven small, recently hatched goslings, were grazing upon the grass. Three Mallards were also present.

They had a nest upon the lagoon island and "mama goose" laid her first egg when there was still plenty of floatable water. Neither parent knew that a renovation project was an approved contract issued by city officials, as being done in accord to a specific start date that might influence the survival of their young.

No bureaucrat considered the perspective of this pair of geese. Any turtle in the pond, or some lingering Mallards, did not know anything of the governmental decree that would dramatically alter the place they thought was a safe haven, and even suitable as a place to raise some young.

The extent of floatable water has changed in the past month, going from a greater to lesser extent. There was still an ample amount in early May, apparently because of recent rains.

It will require many days for these goslings to grow to an extent where they can fly to some other suitable place, nearby.

What is not known is whether the contractor for the project will bring in a pump with the purpose to remove any waters of the lagoon which remain to facilitate their contractual work activities? The intent seems to be a dry place so construction activities can continue unabated, so they can be completed within a specified period.

Waterfowl revert to an aquatic environment when threatened. The pair of geese and their progeny would move to the waters which remain to be safe.

Certainly the site is fenced, and so there might not be any wild predators present. That is however not a certainty, because perhaps an errant dog might get through the fence, and find that young goslings are something it could ravage, as there are dogs not on their leash — though they are supposed to be according to a city ordinance — throughout Omaha, every day.

It's obvious that the bit of water remaining in the lagoon should be maintained until the goslings of the lagoon can fly away to a safe haven elsewhere.

It may not be a requisite based upon some legal requirement, but it is obviously the proper thing to do!

And then there is the large snapping turtle, left to its own means to deal with decimation of its home.

These natural aspects associated with this project, so obvious with a lagoon with water where waterfowl occur, were certainly not considered by officials of the City of Omaha and project contractors.

A email was sent May 6th to the acting director of Omaha Parks Recreation and Public Property, as well as the mayor's office for their comment on this situation.

This is what the lagoon looked like on April 27th, when the snapping turtle was looking for a better place.

---

City Officials Indifferent to Plight of Geese

There has been no response received from any official of the city of Omaha, as of May 17th. The extent of water continues to decline, and the goose family is being forced to live among scum and trash.

The Canada Goose family at the western extent of the Leahy Mall lagoon.

The relict water area of the lagoon which the geese had been using.

A pair of Mallards and a Killdeer were present here early in the morning of May 17th.

Significant Bird Sightings at East Omaha Parks

In the past few days, there have been several notable bird sightings at different parks in east Omaha. The records are significant either for being the first instance of occurrence, or a view that had previously happened decades in the past.

Swallow Gathering at Carter Lake

The cold morning of April 27th was a special day at the lake. There had been a record cold temperature during the night (ca, 28^o), and there was still a sharp chill in the early hours of the morning during my bicycle bird survey. In addition to the many cormorants and pelicans, conditions provided a unique opportunity to capture a dramatic image of a pair of Tree Swallows, warm together, lakeside. It was a poignant perspective, which was certainly appreciated and distinctive among the many hours spent afield to determine bird occurrence. The two swallows had an obvious affinity for each other.

There was a mixed group of swallows, including Barn, Northern Rough-winged and Tree just a short distance of less than 20 feet further north on the west side of the lake. None of them were so expressive.

While focused upon the swallows, a miscreant was eyeing my bicycle, with an intenent to take it away, as his perspective seemed to be that it had been abandoned. How mistaken he was, as he walked away quickly upon my approach, realizing that it would be hazardous to him if my bicycle was taken from its place of repose. Thankfully my transportation was not taken by a bum.

Unusual Featheration of Robin

A robin with white feathers on its head has been present at Memorial Park. It was seen previous to April 24th, when this picture was taken, and then subsequently, including May 2nd.

This robin was present mid-afternoon on May 6th.

Wilson's Phalarope

Two were seen on April 27th at Fontenelle Park, a place where they had never been previously recorded.

Lesser Scaup

A Lesser Scaup was diving through the waters of Wood Creek Pond at Elmwood Park on April 28th. This would not have been possible a few months ago, but the Omaha Parks and Recreation Department removed tons of sediment last year, deeping the waters. This was the first instance of this duck at Elmwood Park.

Turkey in the City

A single, female Wild Turkey was prevalent in the early morning at Bemis Park, on the north side of Cuming Street, west of 33rd Street. This is the second report of an urban turkey, as one was previously reported at Mercer Woods, to the west at 39th and Cuming Streets.

Carter Lake Birdlife

Carter Lake places continue to provide unexpected surprises.

On April 30th, the two most prominent were nine Cattle Egrets along the "beach" area of Levi Carter Park. This species has never been seen here. At the same spot, there was a single Long-billed Dowitcher. The last records for this shorebird here were in November 1929.

A Blue-gray Gnatcatcher at the south end of Levi Carter Pond, was also a new record for the locality.

Since 2002, a myriad of records are available which denote the occurrence of at least 159 species about the lake.

Cinnamon Teal

On April 30th, a single Cinnamon Teal was seen at the Fontenelle Park lagoon, in company with sixteen Blue-winged Teal. Its ruddy color was easily noticed when first seen floating about. This is the first record for this species at an east Omaha park.

Other waterfowl present that morning were 63 Canada Goose, including six goslings, Wood Duck (31), Northern Shoveler (7), four Pied-billed Grebe and two Lesser Scaup, There were also three Spotted Sandpiper and a Green Heron.

Red-shouldered Hawk

The most recent observation was a Red-shouldered Hawk along Happy Hollow Creek. It was first noted on May 2nd, sitting on a tree snag as easily seen from the nearby sidewalk, about 10-11 a.m. Then on the 3rd, it was once again perched within a few feet of its other perch, once again relaxed in its posture, and looking around the creek woods. To document the occurrence, again, the bird was slowly approached to within about 15-20 feet. It showed no indication of being disturbed, and did not depart from its vantage point.

This species of hawk was last seen in the area in 1988, when noted at Elmwood Park by Clyde and Emma Johnson.

What is surprising is that there have not been any reports of this hawk at its more typical haunts, specifically Fontenelle Forest or other habitats along the Missouri River.

This hawk was present at the same place and about the same time on May 4th. It was also observed in mid-afternoon on May 6th.

Additions to Fontenelle Park

A single Double-crested Cormorant and one Common Yellowthroat are the latest additions to the bird fauna of Fontenelle Park. Both were associated with the lagoon habitat.

All information and images presented here are © 2013 James E. Ducey and may not be replicated or used elsewhere without written permission. All U.S.A. and international rights reserved.

Status of Carolina Parakeet Specimens Collected in 1856 on the Missouri River

Ross Silcock was coauthor of this article, which was originally intended for publication in the Nebraska Bird Review.

The colorful and iconic Carolina Parakeet (Conuropsis carolinensis) historically occurred in southeast Nebraska at habitats along the ever-changing Missouri River. There is, however, little information on its distribution or abundance (Sharpe et al. 2001), though it apparently was a non-migratory species that reached the northwestern edge of its range in the lower Missouri River valley in southeast Nebraska. Myron Swenk (1934) summarized the information available to him, with updated information published by McKinley (1965, 1978). Its status was also discussed based upon the records previously published (Ducey 1988, 2000), indicating that it was extirpated about 1875 from the Nebraska region.

A consideration of historic notations indicates that flocks of parakeets wandered throughout the wooded Missouri River valley, with the available records indicating they nested on McKissock Island (Swenk 1934). Parakeets apparently occurred on occasion at least as far west on the Platte River as the mouth of the Loup River (McKinley 1965). Thomas Say, the naturalist with a U.S. Government expedition of 1819-1820, and his assistant Titian Ramsey Peale spent the winter of 1819-1820 along the Missouri River at Engineer Cantonment, at the northern fringe of present-day northeast Douglas County. Carolina Parakeets were observed by Peale from early December through mid-February, despite temperatures reaching 22 below zero at times (Wilson and Bonaparte 1808).

History for this species indicates there were at one time 11 specimens collected 24-25 April 1856 at McKissock (Bald) Island by Ferdinand V. Hayden for the National Museum of Natural History (Smithsonian Institution), during the Stephen Long Expedition. This location is currently a part of the state of Nebraska but lies on the east side of the Missouri River in Atchison County, Missouri. The original 11 specimens were numbered USNM 4608-4618 (pers. comm. Christopher Milensky).

McKinley (1965) was able to locate only three extant Nebraska specimens. USNM 4614 resides in the Smithsonian Institution and its status as the only specimen there from Nebraska was confirmed in a letter from Bonnie Farmer (Bray et al. 1986). According to McKinley (1965), the only other extant Nebraska specimens are a female (USNM 4613) now in the Academy of Natural Sciences in Philadelphia (re-numbered ANSP 35381) and a female (USNM 4609) sent to Henry Bryant at Harvard in 1856 (pers. comm. Christopher Milensky)

More recently, however, information provided by James Dean, ornithological collection manager at the Smithsonian Institution, in February 2010 indicated that three of the remaining specimens collected by Hayden were distributed as follows: NMNH (sic; apparently 4609) went to Harvard University (re-numbered MCZ 43215), NMNH 4610 was sent to “a French scientist” in the 1850s, and NMNH 4612 went to the University of Michigan (re-numbered UMMZ 20385). Thus there is some information on five of the 11 specimens originally collected on McKissock (Bald) Island; the others are unaccounted for (Christopher Milensky, pers. comm.). The available information may be summarized as follows:

4609 was sent to a Henry Bryant in 1856 and resides at Harvard Museum of Comparative Zoology, where it is re-numbered MCZ 43215. This is the oldest specimen among the 119 Carolina Parekeet specimens which are a part of this collection.

Bryant was born in Boston, and graduated from Harvard Medical School in 1843. In 1847 he was forced to abandon medicine because of ill health and turned to natural history, especially ornithology. Bryant was a member of the Megatherium Club a group of young naturalists at the newly formed Smithsonian Institution in the early 1860s. He appears in a group photograph which included other famous men of bird collecting: Robert Kennicott, Henry Ulke, and William Stimpson.

4610 was sent to a French scientist in the 1850s. According to Christopher Milensky (pers. comm.), the "French scientist" was Jules Verreaux of the Paris Museum.

4612 was sent to the University of Michigan, where it is still present (UMMZ 20385).

4613 is at the Academy of Natural Sciences, Philadelphia (ANSP 35381).

The specimen label data with this specimen lists Bald Island, Missouri and Yellowstone River as locale, and state as Montana; this appears to be an obvious error. This incongruity has been conveyed via email to the curators of the collection in order to correct any errors.

4614 continues in the Smithsonian Institution National Museum of Natural History.

This former resident parakeet of the Missouri River valley in Nebraska was vividly known by the specimens collected by naturalist Hayden, at a time when they flourished in suitable habitat along the river. Thankfully, due to written chronicles and specimen records, lore of the Carolina Parakeet can still be enjoyed and considered decades after its actual existence.

Literature cited:

Bray, T.E., B.K. Padelford, and W.R. Silcock (1986). The birds of Nebraska: a critically evaluated list. Bellevue, NE. Published by the authors.

Ducey, J.E. (1988). Nebraska birds, breeding status and distribution. Omaha, NE. Simmons-Boardman Books.

Ducey, J.E. (2000). Birds of the untamed west. Omaha, NE. Making History.

McKinley, D. (1965). The Carolina Parakeet in the upper Missouri and Mississippi River valleys. Auk 82: 215-226.

McKinley, D. (1978). The Carolina Parakeet in the West and additional references. Neb. Bird Review 46: 3-7.

Sharpe, R.S., Silcock, W.R., and J.G. Jorgensen (2001). Birds of Nebraska. Lincoln, NE. Univ. Nebraska Press.

Swenk, M.H. (1934). The interior Carolina Paroquet as a Nebraska bird. Neb. Bird Review 2: 55-59.

Wilson, A., and C.L. Bonaparte (1808). American ornithology; or, the natural history of the birds of the United States. Volume I. Philadelphia, PA. Porter and Coates.

Five-year Evaluation of Bird Window-Strikes at Omaha

The morning of April 30th, 2013 was significant as it was the finale for a five-year period of investigating birds and window-strikes in Omaha, Nebraska.

It was another morning of the typical routine riding forth upon a well-worn but sturdy bicycle about sunrise time, going eastward up the long hill and then continuing beyond to North Downtown and then about the usual built places among the city, known to be hazards for migratory birds.

During the last six days, casualties were found on three mornings, those being Friday, Sunday and Tuesday when four instances were documented, represented by the House Finch, Brown Thrasher, Clay-colored Sparrow and White-throated Sparrow.

It was more experience associated with the sad deaths or injuries to unsuspecting migratory birds of the realm within the Missouri River valley.

Since this endeavor was started on May 1, 2008 during a pivotal, but relatively short time, about the sidewalks of downtown Omaha, more than 1425 records have been denoted. That morning of dead birds, when five instances were recorded, was the sordid basis for this investigation. The dead birds of that first day looking around the city streets were an American Robin, a Rose-breasted Grosbeak, a Yellow-rumped Warbler and two White-throated Sparrow.

So much has happened since that initial spring day. And yet, it is obvious how little has really been done to reduce the number of window strikes. My focus has been to look, record and consider appropriate details. This has included giving attention to other reports. Though they are small in number, they are still significant in their indication.

Most of the records kept have become an entry in a database. Each one is an eulogy for various species of so many sorts. More than 100 species are known to have been involved with window-strikes at various places within the confines of Omaha. There might be some further reports on the details ...

During this five years, there were 432 dates with pertinent records, with many more visits made when no victims were documented.

Dark-eyed Junco.

Brown Thrasher.

Each instance of finding a bird, either dead or disabled, as personally experienced, has been a singular, tragic event, so hard upon the spirit associated with wild birds, free and hearty in their environment.

The tally indicates window strikes occurred at more than 85 different buildings, with more than 100 species impacted.

The Qwest/CenturyLink Center continues to be the most hazardous building in the city, where birds die on a regular basis throughout the seasons of every year, and where there are 445 documented instances. Others at the top of the list and the number of records are:

• 1200 Landmark Center: 110
• Kiewit-Clarkson Skywalk:97
• Holland Performing Arts Center: 96 though there are certainly more because they actively try to "hide" window strikes at this glass-walled structure
• Union Pacific Center: 85
• Central Park Plaza: 70

During the morning on the 30th, there were two bird deaths noted during the first of the morning bicycle survey.

A dead bird was found — not unexpectedly at the CenturyLink Center — to be the carcass of a Clay-colored Sparrow moribund on the concrete at the this building's west side, and a relatively short distance from its north corner.

During the remainder of this end of April outing, while being attentive to objects on the sidewalk at various places, the last fatality was at the Law Building. Here, a disabled bird was found on the sidewalk on the east side of this empty place. It was a White-throated Sparrow, which died within a few minutes. The last moments of its life were visually captured.

Clay-colored Sparrow.

White-throated Sparrow. This is a picture of the window which the bird struck.

There were no instances found on the morning of May 1st. If that would have been the situation six years ago, this endeavor would not have ever happened...

Any real value associated with this five-year investigation are still being pondered. What have the multitude of hours meant? The whole ordeal has been a panorama of tragedy of so many bird lives gone. Etc.

Results are none-the-less indicative, and that is sufficient to indicate that birds are always being killed by building owners in Omaha, and the U.S. Fish and Wildlife Service, continues to ignore an enforcement action associated with the regulations of the Migratory Bird Treaty Act, which supposedly protects the species which die daily due to window strikes throughout North American.