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  • ABOUT
    • Mission and Vision Statement
    • Equality and Diversity Policy
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    • BSBO Board of Directors
    • BSBO Staff
    • BSBO's Visitors' Center >
      • Visit BSBO
      • Anna Macke Mikolajczyk Window On Wildlife
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    • eNews
    • BSBO Videos >
      • BSBO's 20th Anniversary by Deb Neidert
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      • Passerine Research
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      • Oak Openings
    • Project SNOWstorm >
      • About Project SNOWstorm
      • Meet Buckeye
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    • Northern Saw-whet Owls
    • Research Highlights >
      • Gray-Cheeked Thrush from Colombia, South America
      • BSBO Bird Bander's Blog
    • Past Research >
      • Colonial Wading Birds
      • Ohio Winter Bird Atlas
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    • Reports >
      • Navarre Marsh Annual Banding and Survey Data
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BSBO Conservation Updates                                

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January 2020

Responsible Wind Energy
The Conservation Committee has continued its activities in opposing the actions by wind energy developers that rely upon faulty ecological science to justify their site selection for placing their wind turbines.  We must reiterate that Black Swamp Bird Observatory is not against renewable energy – we recognize the need for renewable energy in the national and global efforts to eliminate the generation of greenhouse gases, a goal fundamental to the slowing and potential mitigation of climate change.  However, we cannot sit back and abide the use of faulty science by developers to exonerate their purely expedient site selection process, where the impact of turbines upon the fragmentation of habitat and survival of avian and bat species is a mere afterthought.  We further recognize the fundamental roles played by avian and bat species in the health and sustainability of the ecological web of life, nature as we know it, and so continue to try and sustain their well-being, because in the end it is our own well-being as well that is at stake.

As a case in point, the Icebreaker Wind project would place 6-7 turbines in Lake Erie, directly in the middle of the Central Basin, a designated Globally Important Bird Area.  The GIBA designation is not given lightly or without substantiation.  It is the wintering grounds for up to 40% of the global population of red-breasted mergansers, as well as other waterfowl.  It is the migration route where many warblers and other songbirds cross the lake going both North in the spring and South in the fall.  It has been shown to be the fall migration route for the Kirtland’s Warbler on their return to the wintering grounds in the Bahamas.  Yet, the developers, Lake Erie Energy Development Corporation (LEEDCo), has stated in their “science” that birds don’t cross the lake, and propose that they fly around it instead.  They conclude that the project poses minimal risk to bird and bats, ignoring that the site is in a GIBA and is trafficked by both birds and bats.
​
This project came before the Ohio Power Siting Board (OPSB) in 2013.  At that time the LEEDCo personnel were promoting the project by promising that their vision was to have an additional 1400-1500 turbines on the lake once the initial 6-7 turbines proved it could be done.  They promised 800 jobs would result from the build out.  Now, eight years later, they deny they have actual plans for such a build out.  The project, they say, is “only” a pilot project, as if to say “What harm can 6-7 turbines do?” 

With all the above in mind, the current status of the project is that it is finally before the board of the OPSB awaiting a decision on whether to issue a Certificate of Environmental Compatibility and Public Need, which would grant permission to begin construction when all the conditions and stipulations of their application are met.
There is a wrinkle in the process that did not go unnoticed by BSBO, and our partner in opposition to this project, the American Bird Conservancy (ABC).  LEEDCo applied for a Department of Energy (DOE) grant to the tune of $40 million dollars to sustain the costs of early development work. 

In response, The DOE took all the faulty science provided by LEEDCo, doing no ecological work of their own, and wrote and Environmental Assessment (EA).  The EA contained the reports and echoed the conclusions of LEEDCo stating that the project proposed minimal risk to birds and bats, in part because, they say, birds don’t cross the lake they go around.  The EA was passed on to the Army Corps of Engineers for review and the ACE gave it tacit approval.  As a result of this superficial review by both the DOE and the ACE, and because it resulted in the awarding of $40 million to LEEDCo even before the project has finished review by the OPSB, BSBO and ABC have filed suit against the DOE and the ACE for failing to live up to the requirements of the National Environmental Policy Act (NEPA) and the Clean Water Act (CWA).  We ask in the complaint that the DOE require a full Environmental Impact Study, as we believe is required by the NEPA, and that the granting of funds to LEEDCo be held up until such time as the EIS is completed and reviewed by DOE and ACE.

In short, the science is shoddy, and the developers show no genuine interest in habitat disruption or species mortality.  We find it appalling that the position of the Ohio Environmental Council and the Ohio Sierra Club is to support the Icebreaker Wind project, seemingly regardless of the ecological issues.  Their position seems to be that climate change mitigation trumps everything, even biodiversity and its sustainability, a position we cannot and will not take.  We believe, and indeed hope, that climate change mitigation by developing renewable energy sources can be smarter and more nuanced than that.

Responsible Cat Ownership Program
The Conservation Committee has been working with the village of Oak Harbor to bring about a fully developed a program to address the problem of free roaming cats.  Numerous studies indicate that cats are the number one cause of avian mortality, killing billions of birds every year.  We also know that the lives of roaming cats are full of disease and danger both to themselves and to the humans around them.

The program began taking form with the passage of a village ordinance making it illegal to feed or foster feral cats.  An aftercare program was established whereby captured feral cats were evaluated by a veterinarian and made ready for adoption; or if their health was poor and their survival was in question, they would be euthanized.  The first 20 cats were all successfully placed in homes.

BSBO has received a private donation to be used in our effort to change the Ohio Revised Code related to cats as companion animals and expand the existing dog licensing law so that cat ownership is regulated by the same laws as dogs. 

We’re also working to develop materials that will allow us to promote our Responsible Cat Ownership program to other municipalities and organizations including information packets to distributed to interested parties which would contain the following: 1) why roaming cats are a danger to birds and humans; 2) a copy of the ordinance; 3) aftercare protocols; 4) testimony and anecdotal evidence of the success of the program.
We have generated interest as far away as California, where others are waiting for a copy of the information packet to show them how to proceed. 

We count this as a great success on the Conservation Committee that has been over five years in the making.  Our work is becoming a model for others to follow, and all for the benefit of the birds, the cats, and ultimately for ourselves as well. 
CLIMATE CHANGE, WIND ENERGY, AND CONSERVATION A SURVEY OF CONFLICTING ISSUES​: A WHITE PAPER BY BSBO CONSERVATION COMMITTEE MEMBER, DON BAUMAN  ​
​There is a multiplicity of program offerings by many groups which intend to contribute to the remediation and mitigation of climate change. This multiplicity brings into play a very real problem of its own: the lack of concerted and coordinated action among the groups. The actions and planning by these groups are neither on the same track, nor do they seem to share common goals. Some of these groups are the US Department of Energy, the US Fish & Wildlife Service, the American Wind Energy Association, the American Bird Conservancy, and the National Audubon Society to name just a very few. It is the purpose of this paper to bring together a “state of the art” description of the wind energy efforts, and to relate how they are often at odds with each other, particularly with respect to the conservation of habitat and wildlife species and the mitigation of climate change. 

One approach to mitigate climate change is the transformation of the energy industry toward renewable energy generation of electricity, specifically going from traditional coal-fired generation to wind energy generation. There are a number of problems that have arisen from this course of action: (1) the lack of coordination among agencies and business groups responsible for siting, installing and operating wind farms; (2) the lack of public understanding of the consequences of installing a wind farm consisting of many turbines as compared to a small number of turbines; (3) the lack of environmental regulatory authority over the businesses installing wind farms; (4) a general lack of understanding of the true nature of the environmental impact of wind farms, both to humans and other species, particularly birds and bats; and (5) most fundamentally, the unabashed lack of environmental care or concern on the part of some wind farm businesses, as if somehow a wind farm were inherently good for the planet no matter what. 

Red the full White Paper HERE. ​​
camp perry turbine press release
This month, a groundbreaking piece of bipartisan legislation was introduced in the U.S. Senate. Along with democratic senator Ben Cardin, Ohio's very own republican senator Rob Portman is sponsoring this push to help protect birds. Black Swamp Bird Observatory is incredibly proud of our local representative's initiative to protect one of Ohio's most precious natural resources and ecotourism draws. Read the entire text of the press release below:

FOR IMMEDIATE RELEASE
July 12, 2017
CONTACTS
Kevin Smith (Portman) 202-224-5190
Sue Walitsky/Tim Zink (Cardin) 202-224-4524
http://bit.ly/2uSZkRV
 
Portman, Cardin Seek Protections for the Northern Cardinal, Baltimore Oriole and other Migratory Birds
 
WASHINGTON, D.C. – U.S. Senators Rob Portman (R-OH), a member of the Senate Energy and Natural Resources Committee, and Ben Cardin (D-MD), a senior member of the Senate Environment and Public Works Committee, have introduced legislation (S. 1537) to reauthorize the Neotropical Migratory Bird Conservation Act, which would help sustain populations of migratory birds that face threats to their health and habitats. Their bill, reintroduced as the Migratory Birds of the Americas Conservation Act, promotes long-term conservation, education, research, monitoring, and habitat protection for more than 350 species of migratory birds including Ohio’s state bird, the northern cardinal, and Maryland’s state bird, the Baltimore oriole. The bill furthers investment in critical conservation programs that have demonstrated marked successes through public-private partnerships and innovative granting and conservation strategies. 
 
“Hundreds of bird species migrate through Ohio each year, making Lake Erie one of the most popular destinations for birdwatching,” Senator Portman said. “Birding contributes more than $20 million to Ohio’s tourism industry and attracts visitors from across the world each year. I am proud to work with my colleagues on the Migratory Birds of the Americas Conservation Act to protect and conserve these bird populations so that they may be enjoyed by future generations.”
 
“Our goal is to continue to sustain healthy populations of migratory birds that are not only aesthetically beautiful, but also critical to our farmers through consuming billions of harmful insects and rodent pests, pollinating crops, and dispersing seeds,” said Senator Cardin. “This simple legislation reauthorizes a cost-effective, budget-friendly and highly successful federal program to protect birds, including the Baltimore oriole that have seen a steady decline in their populations despite being protected by federal and state laws.”
  
For nearly a decade, federal investment in habitat protection, education, research and monitoring of neotropical migratory birds has been vital to the well-being of our economy. Nationwide, bird watchers include more than 47 million Americans who are part of a larger wildlife watching community that spends $30 billion annually. Ohio is home to the annual “Biggest Week in American Birding”, based at Maumee Bay State Park. Last year, the week-long event brought in an estimated 77,000 visitors.
 
The S. 1537, Migratory Birds of the Americas Conservation Act, formerly the Neotropical Migratory Bird Conservation Act, has a proven track record of reversing habitat loss and advancing conservation strategies for the hundreds of species of birds considered neotropical migrants—birds that spend summers in the United States and winter in Latin America. 
 
Since 2002, more than $58.5 million in grants have been awarded, supporting 510 projects in 36 countries.  Partners have contributed an additional $222 million, and more than 4.2 million acres of habitat have been improved.  In 2016, the grants totaled $4 million, with nearly $17 million in matching funds across 17 countries. However, migratory birds continue to face threats from pesticide pollution, deforestation, sprawl, and invasive species that degrade their habitats.  
 
In 2014, Senator Portman worked to pass a resolution to recognize the 100th anniversary of the extinction of the last known passenger pigeon, once the world’s most abundant bird. The resolution highlighted the importance of conserving wildlife populations.
 
###
bsbo and abc submit comments to opsb on the leedco icebreaker project
March 31, 2017
Ohio Power Siting Board
Docketing Division
180 Broad Street
Columbus, Ohio 43215-3797
By email: contactOPSB@puc.state.oh.us

Re: Case# 16-1871-EL-BGN
 
Dear Ohio Power Siting Board:
 
This is a joint letter from the Black Swamp Bird Observatory in Ohio and the Washington, DC-based American Bird Conservancy.
 
The Black Swamp Bird Observatory (BSBO) was founded in 1992 on the south shore of Lake Erie’s Western Basin for the purpose of studying and disseminating information about bird migration in the area.  Northwest Ohio and Lake Erie have been recognized as prime stopover sites along the migration routes for birds for over 90 years.  Formal study of birds in the area began as far back as 1926 with the work of Lou Campbell.1  It is the mission of BSBO to follow this tradition of avian research, and to expand into areas of public education, bird conservation, habitat conservation, biodiversity preservation, and economic development through birding (http://www.bsbo.org/). 
 
The American Bird Conservancy, founded in 1994, is a 501(c) (3) not-for-profit membership organization whose mission is to conserve native birds and their habitats throughout the Americas (http://www.abcbirds.org). ABC acts by safeguarding the rarest species, conserving and restoring habitats, and reducing threats, while building capacity in the bird conservation movement.
 
BSBO and ABC support the development of clean, renewable sources of energy such as wind power, but also believe that it must be done responsibly and with minimal impact on our public trust resources, including native species of birds and bats, and particularly threatened, endangered and other protected species.  As such, we only support Bird-Smart wind energy development as defined by ABC, and feel it is our responsibility to express our concerns regarding the Icebreaker Wind Energy Project application and the veracity of its supporting documents.  We also believe it is our responsibility to inform the Ohio Power Siting Board (OPSB) of the most recent information available on the migration of highly endangered Kirtland’s Warblers through the proposed site area in the Central Basin of Lake Erie, 8 miles offshore of Cleveland.
 
Our concerns and recommendations are as follows:

  1. The scope and importance of the project.  The project as stated consists of 6 turbines.  Yet, the impact and significance of the project go far beyond that.  Firstly, the LEEDCo VP of Operations was quoted as saying “Our vision is 5,000 MW over the next 10 to 15 years.”2  This is equivalent to another 1,450 turbines.

Secondly, on the Canadian side of Lake Erie, the Ontario Ministry of Natural Resources (OMNR) in 2011 cancelled all proposed offshore wind projects in Ontario waters temporarily, which at the time included 1,250 proposed turbines in Lake Erie alone.  The OMNR recently extended the moratorium on offshore wind, saying it is waiting for the Icebreaker Project to serve as a pilot project before considering lifting the moratorium.  The Project therefore has international implications. Furthermore, cumulative impacts of wind energy development in the Great lakes region must be considered, rather than evaluating each project in isolation. 
 
The combined scale of U.S. and Canadian wind aspirations for Lake Erie is at least 2,700 turbines, or about 9,300 MW.  It is therefore essential that every effort be made by LEEDCo to prepare a fundamentally sound, quantitative risk assessment of mortality to bird and bat species known to be in the area, especially protected species covered by the Endangered Species Act, Migratory Bird Treaty Act and Bald and Golden Eagle Protection Act and their Canadian equivalents.  We will detail further our objections to the risk assessments offered by LEEDCo to date, along with some recommendations for remedies.

  1.  The recommendations of National Audubon Society (NAS) to remedy deficiencies in the LEEDCo application.  BSBO has worked in concert with NAS and ABC to formulate recommendations and remedies to the inadequacies of LEEDCo’s preliminary bird and bat assessments.  While BSBO and ABC endorse many of the recommendations of NAS as put forth in their comments to OPSB dated March 24, 2017, BSBO and ABC believe these recommendations are not strong enough, given the overall importance of the project and its significance to the ecology of the Great Lakes.  We will discuss our further recommendations below, but for purposes of brevity, have summarized the salient points of the NAS:
    1. The collection of risk assessment data on site of the project on birds and bats: a plan should be submitted by LEEDCo to OPSB with methodology and protocol for data collection, reviewed by US Fish and Wildlife Service (USFWS) and Ohio Department of Natural Resources (ODNR), and that is species specific.
    2. A post-construction monitoring plan should be submitted to OPSB, and approved by USFWS and ODNR.
    3. LEEDCo should submit an Adaptive Management Plan to outline corrective actions to be taken if anomalies in mortality occur that are beyond expectations, including follow-up measures to be taken to evaluate results.
    4. An overall Bird Bat Conservation Strategy should be included as part of the Adaptive Management Plan.
    5. Because the project area lies within an Important Bird Area (IBA) the analyses should show priority to species and species groups used to justify the IBA designation.



The BSBO and ABC position differs from that of NAS in that we recommend that LEEDCo perform an agreed upon, valid pre-construction risk assessment, while NAS would only require a written commitment to do so as a condition for project approval.  BSBO believes it is the obligation of OPSB to have that risk assessment in hand and available for review by USFWS and ODNR prior to consideration for project approval.  Of particular note is that there is a poor correlation between pre-construction risk assessments and the number and type of birds and bats killed post-construction.3

  1. Recent study on Kirtland’s Warbler migration.  Wendy Mitman Clarke, in her article published recently4 summarized the groundbreaking study performed by Nathan W. Cooper, et al., which used geolocators attached to male Kirtland’s Warblers (KIWA).5  The study followed the location of a little over 1% of the total population of male KIWA from 2012 to 2015 to determine nesting areas, wintering areas, Spring and Fall migration routes, migration stopover areas (for feeding), and annual timing of each.  There are several points in the study having a direct impact upon the Icebreaker project risk assessment and the application.
    1. The Spring (northerly) migration takes place roughly between April 27th and May 13th; the route passes through central Ohio and the Western Basin of Lake Erie, with a stopover in southwestern Ontario and points immediately south, before reaching nesting areas in northern Michigan.  The easternmost area of the migration route passes through the proposed site of the Icebreaker project.
    2. The Fall (southerly) migration takes place between October 6th and October 25th; the route passes directly over the Central Basin of Lake Erie, the site of the Icebreaker project. 
It is quite clear from this study that KIWA migration in both Spring and Fall will put them in the projected project site; but further study is needed to determine if in-flight behavior puts them at risk of the turbine blade sweep area.  It should be noted, however, that weather characteristics, especially wind speed, clouds or fog, etc. can influence flight heights and therefore put birds at risk of collisions with wind turbines.  
 
The KIWA is a species on both the Endangered Species List and the Migratory Bird Treaty Act list that we now know may be at risk, not only from the 6 turbines of the Icebreaker project, but also from the potential 2,700 more turbines it may lead to.
 
We cannot emphasize enough the significance of the Cooper, et al., study.  It shows with newfound clarity that nearly the entire existing population of a protected species travels through the proposed project site twice every year.  Therefore, BSBO recommends that additional studies be performed to verify the in-flight behavior risk of this species before the application can be considered complete.

  1. Rebuttal to risk assessment (RA) studies offered by LEEDCo to date.  BSBO and ABC understand that LEEDCo has no specific bird or bat expertise; they are a power development entity.  As such they have relied on paid consultants to perform the risk assessment studies and to draw conclusions.  This does not, however, absolve LEEDCo of the responsibility for the veracity of those studies, which to date BSBO and ABC have found to be sadly lacking.  LEEDCo has since undertaken communication with USFWS to get recommendations for further, adequate risk assessment data.  The following points are taken from the comments of Mark Shieldcastle, Research Director at BSBO. Prior to his work with BSBO he was employed by the Ohio Department of Natural Resources, Division of Wildlife, for 32 years.  Through his work with ODNR and BSBO Mr. Shieldcastle has won a well-deserved reputation as one of the foremost experts on Lake Erie migratory bird behavior, bird study design, statistical analysis of same and methodologies for mitigating the impacts of human activities on the wildlife resources of Ohio and the habitats which support the wildlife.  What follow are his primary comments and concerns, referring to the 11/29/2016 document entitled “Icebreaker Wind: Summary of Risks to Birds and Bats.” 
    1. Page i, paragraph 1 of the RA Executive Summary states: “The overall conclusion of this analysis is that the Project poses low risk of adverse impacts to birds and bats.  This conclusion stems largely from two principal observations: 1) the Project is small in scale, consisting of six turbines; 2) the level of use of this area by birds and bats is low compared to bird and bat use of terrestrial or nearshore environments.”
With regard to the first principal observation, it is entirely disingenuous that LEEDCo bases its environmental risk conclusion on the basis of 6 turbines, as it has been widely publicized that the initial project is merely the beginning of what is planned to be an enormous wind facility numbering 1000 wind turbines or more.  Any reasonable person would understand that the potential impacts of hundreds of wind turbines would be far greater than the impacts of 6.  The impacts of such a large number of turbines in an offshore freshwater environment are, in fact, largely unknown by LEEDCo or likely by anyone else.  Given the precedential nature of this project, it seems eminently reasonable that such a project should receive a heightened level of scrutiny, such as by the requirement to perform an Environmental Impact Statement (EIS) prior to approval of the LEEDCo OPSB Application.  Alternatively, a more scientifically rigorous EA as a requirement for approval of the current Application involving 6 turbines, with an agreement that LEEDCo would perform an EIS as part of its OPSB application for any expansion of the Icebreaker Project might be a supportable way forward.  Absent significant further scientifically supportable risk analysis of impacts on birds and bats, BSBO and ABC respectfully submit that the OPSB has a duty to the citizens of Ohio to reject the LEEDCo Application currently under review.
  1. The second principal observation relied on by LEEDCo, namely that birds and bats are present in low numbers in the offshore area proposed for siting of the 6 turbines, is purported to be supported by a number of very questionable scientific premises or the misapplication/misinterpretation of such premises by LEEDCo’s paid consultants.  BSBO finds that the problems with LEEDCo’s analysis are so pervasive that only a few representative examples will be provided. 

First, LEEDCo’s consultants cite aerial surveys over the south-central portion of Lake Erie conducted by ODNR during 2009-2010 and 2010-2011 as support that only a small number of birds and bats occur offshore at a distance of 8-10 miles, comparable to the proposed location of the Project.  Mr. Shieldcastle, who helped design the methodology for these aerial surveys and personally participated in fly overs on many occasions, is strongly of the opinion that LEEDCo’s consultants have used inappropriate statistical methods to analyze the survey data and that such methods lead to a serious underestimation of the numbers of many species of birds and bats which regularly occur in significant numbers in the offshore area in question.  Further, his personal observations in flying those surveys disclosed tens of thousands, or more, of certain important species of waterfowl, gulls and other birds in the very areas where the turbines would be located.  Moreover, these aerial surveys do not account for bird and bat activity during the entire year, nor do they account for nocturnal activity, which for some species is a time of significant movement/activity far out over the water, as has been shown by recent avian radar studies.6
LEEDCo’s consultants further cite a 2003 radar study by Dr. Robert Diehl, et al., entitled “Radar Observations of Bird Migration over the Great Lakes” for the proposition that many migrating birds avoid flying over large bodies of water, from which they conclude that such birds would not be present in the Project area.  Mr. Shieldcastle, as a result of personal communication with Dr. Diehl believes that the type of radar used by Diehl (NEXRAD radar) is not capable of gathering the type of data that would be necessary to draw the conclusions that LEEDCo’s consultants do, and therefore any analysis of that data for the purposes that LEEDCo does is scientifically invalid.  In fact, LEEDCo relies on only one radar scan that is not representative of anything from which valid conclusions on numbers of birds present could be drawn.  Most telling, Dr. Diehl has pointedly said to Mr. Shieldcastle that his paper “…cannot support or refute the risk to migrating birds by turbines in Lake Erie.”  The weaknesses of previous radar studies of the kind conducted by LEEDCo, which do not measure flight altitude, have been confirmed by the U.S. Fish and Wildlife Service’s (USFWS) recent advanced radar studies around the Great Lakes.6,7
While citing it in the bibliography of the RA, LEEDCo’s consultants choose to largely ignore the findings of the  2016 US Fish and Wildlife Service  report entitled “Great Lakes Avian Radar Report Lake Erie Shoreline: Erie County Ohio and Erie County Pennsylvania” which discusses previously unknown information about the flight altitudes of migrating bird populations as they ascend and descend to stopover sites during the course of a night and significantly concludes that: “Depending on the location, these altitude changes may have placed migrants at risk of collision with wind turbines and other tall man-made structures.”  The report also indicates that lake crossing of numbers of species of birds in high volumes do regularly occur at altitudes which could put them at risk of collision with wind turbines.  BSBO, ABC and others in the bird conservation community, believe that the USFWS studies represent the most recent and most relevant information yet generated for gauging the potential impacts of wind turbines in the vicinity of the shore of Lake Erie, yet it is given short shrift in the LEEDCo preliminary RA.
  1. The RA concludes that raptors are present in low numbers in the proposed Project area and thus the collision risk for raptors is said to be low.  BSBO scientists and other experts dispute this conclusion, as it is well known that Bald Eagles, Ospreys and Peregrine Falcons readily cross Lake Erie, not just for migratory purposes, but for regular movement between favored areas in Ontario and Ohio.  Indeed, BSBO pelagic boat surveys have regularly observed this behavior on Lake Erie in the Cleveland area.  It appears that the LEEDCo consultant’s ground-based surveys were not appropriate to draw valid conclusions about potential exposure to raptors flying over water.  This is another deficiency in the RA.
 
Based on these deficiencies alone, BSBO and ABC conclude that the risk assessment must be performed again, preferably by independent, third-party experts,  in order to obtain meaningful results, and that the application should be considered incomplete until that time.
  1. Comments regarding USFWS letter to OPSB dated March 3, 2017.  On p. 4 of the letter USFWS states “We are currently working with Applicant (LEEDCo) and ODNR to recommend site-specific pre- and post-construction waterfowl surveys fall through spring…”  BSBO and ABC find this survey period to be insufficient, and we recommend the survey be extended over a period of three years in order to generate statistically significant data.  It is unfortunate that the prior surveys have not provided adequate, rigorous data; but that is not reason to truncate the amount of time given to perform such an adequate and rigorous study now.
With regard to the previous studies the USFWS concluded on P. 5 that “the data obtained was not sufficient to inform risk.  The Service is now working the Applicant to design a radar project (both pre- and post-construction) to provide important site-specific information for assessing the potential impacts of offshore wind facilities on nocturnally migrating birds.”  LEEDCo’s response to this recommendation has been to reject -- on the basis of cost – all of the proposed options and to propose an alternative that is more palatable to them.  The fact remains that the sufficient risk assessment is missing, and therefore has not been performed to the satisfaction of USFWS.  BSBO and ABC conclude that this unresolved matter with LEEDCo is reason enough to consider the application incomplete.
On p. 8 the USFWS states “We believe that the available information is insufficient to determine mortality risk…given the lack of site-specific data and the inconsistencies in pre- and post-construction data collected at land-based wind projects.  We believe it is important to gather site specific data…”  Based on this criticism BSBO believes the application should be considered incomplete.
On P. 8, the USFWS states “ the Service requests that at a minimum, turbines should be curtailed (the blades should be oriented such that they do not catch the wind) until the manufacturer’s cut-in speed (3.0 m/s for the turbine model proposed in the application) is reached at night during bats’ active periods (generally April-October).”  The basis of this thinking is that bats tend not to fly at high wind speeds; therefore, shutting down the turbines at low wind speeds will curtail mortality.  However, a study done in 2010 in Pennsylvania8 showed that in order to curtail bat mortality the cut-in speed needs to be raised to 5.5 m/s.  This reduces bat mortality by 70%, while a cut-in speed of 3.0 m/s has almost no effect.  BSBO and ABC recommend that the cut-in speed of the turbines be 5.5 m/s during the time of high bat activity, April through October, as identified by USFWS.
While BSBO and ABC understand that USFWS, ODNR, and LEEDCo are working together to devise plans for obtaining valid and sufficient data to inform a rigorous scientific risk assessment, we recommend that the application be considered incomplete until an independent and scientifically valid risk assessment is in hand.  Based on past performance, and considering the overall importance and significance of the project, BSBO and ABC suggest that the promise to provide a risk assessment at a future date is not sufficient to grant project approval.
BSBO and ABC also believe that a plan needs to be in place to monitor bird and bat mortality at the LEEDCo site post-construction. One problem is that the project sits over open water and thus any bird and bat mortality data is likely to be difficult, if not impossible, to collect using traditional methods.  There are advanced technologies available to collect this data (e.g., streaming video and auditory detection of strikes), but they are in an early stage of development.  It is critical that LEEDCo have such a plan in place before project approval, and that they can and do collect data on the number and types of species impacted by their project.
BSBO and ABC appreciates the opportunity to comment on the application.
Sincerely,

Kimberly Kaufman, BSBO Executive Director

Michael Hutchins, Ph.D., Director, American Bird Conservancy’s Bird-Smart Wind Energy Program
 
               
Citations:
1 Matt Markey, The Toledo Blade, “Campbell’s research makes us richer birders,” May 11, 2012.
2  John Miner, The London (Ontario) Free Press, “Ohio group moving ahead with big plans to harness Lake Erie’s wind,” Nov. 29, 2015.
3 Migual Ferrer et al. “Weak relationship between risk assessment studies and recorded mortality in wind farms”.  Journal Applied Ecology. 49 (1) 38-46. 2011
4  Wendy Mitman Clarke, Smithsonian.com, “Scientists Track, For the First Time, One of the Rarest Songbirds on Its Yearlong Migration,” Mar. 6, 2017.
5  Nathan W.Cooper, et. al., Journal of Avian Biology 48, pp. 209-219, “Light-level geolocation reveals wintering distribution, migration routes, and primary stopover locations of an endangered long-distance migratory songbird,” 2017.
6 Rebecca Horton, et al. , “Great Lakes Avian Radar Technical Report, Lake Erie Shoreline: Erie County, Ohio and Erie County Pennsylvania, Spring 2012.” U.S. Department of Interior, Fish and Wildlife Service, Biological Technical Publication FWS/BTP-R3012-2016.
7 Nathan Rathbun et al. “Great Lakes Avian Radar Technical Report; Niagara, Genesee, Wayne, and Jefferson Counties, New York; Spring 2013.” U.S. Department of Interior, Fish and Wildlife Service, Biological Technical Publication FWS/BTP-3012-2016
8  Manuela M. P. Huso, John P. Hayes, “Effectiveness of Changing Cut-in Speed to Reduce Bat Fatalities at Wind Farms,” an annual report prepared for the Bats and Wind Energy Cooperative and the Pennsylvania Game Commission, p. 3, May 2010.
 

OCTOBER 2018 - ROAMING CAT AND OUTDOOR FEEDING STATION BAN

APRIL/MAY 2019 - BIRD-SAFE / BIRDER-FRIENDLY COMMUNITY INITIATIVE - TOLEDO

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2019 Updates

April/may
The Black Swamp Bird Observatory Conservation Committee hopes that many of you had an opportunity to participate in the 10th Annual Biggest Week in American Birding. The committee members enjoyed meeting some of you in various venues including the BSBO booths at Maumee State Park Lodge and at Optics Alley. Apart from Biggest Week, the following paragraphs provide some highlights of BSBO conservation activities.
 
WIND ENERGY

LEEDCo Icebreaker Project - While progress has apparently been made in revising the “stipulations” under which the Icebreaker Project could proceed, all parties have not yet agreed to them. A settlement hearing has been scheduled for June 5, 2019, to seek to resolve remaining differences. On May 31, 2019, BSBO and the American Bird Conservancy filed joint comments pointing out serious scientific deficiencies in the proposed revised stipulations regarding wildlife impact analysis. It is hoped that these comments will be taken into account, especially by Ohio Power Siting Board (OPSB) member Ohio Division of Natural Resources (ODNR), prior to finalization of the stipulations. If you are interested in reading the BSBO/ABC comments, they are posted on the OPSB website under the Icebreaker Project case file.

Analysis of Timber Road Mortality Data - A new Freedom of Information Act (FOIA) request for information related mortality information which was the subject of a federal investigation was filed some months ago. BSBO has been advised that the requested documents were to be produced in mid-April, but as of this writing no documents have been received.

BSBO Proposed Wind Turbine Siting Legislation - Due to heavy demands on schedules for the new ODNR leadership, BSBO’s meeting with them to discuss proposed legislation has been postponed several times. Most recently a June 2019 timeframe has been discussed as a possibility.

Seneca Wind Project - The developer of the Seneca Wind project has requested delays in the OPSB schedule to allow for more time to revise their application. Most recently, an indefinite delay has been sought and granted to suspend not only the procedural schedule, but also the discovery process that has been ongoing between counsel for intervenors and the applicant. It has also been rumored that the delays have much to do with the public opposition to the project and the lack of landowners who are willing to sign leases to place wind turbines on their property. The Ohio legislature is considering HB 6 which would provide for a referendum to allow local residents a voice in the location of wind energy projects in their communities.

Other Wind Projects - BSBO continues to monitor other proposed wind projects, including Republic Wind and Emerson Creek Wind. These projects are just in the beginning stages, but at least Republic Wind seems to present many of the same concerns about poor scientific basis for evaluating wildlife impacts as Seneca Wind. The procedural schedule for Republic Wind has also been cancelled with no definite date for resumption of activity.  

BIRD-SAFE / BIRDER-FRIENDLY COMMUNITY INITIATIVE

Toledo - Certain lighting in tall buildings can disorient nocturnal migratory birds resulting in collisions that cause injuries and death. The Lights Out campaign encourages participating buildings to reduce lighting, making the airspace safer for birds. The BSBO and Ohio Bird Conservation Initiative collaborative effort to make Toledo, Ohio a safer place for birds took a huge leap forward this spring! During opening ceremonies for the Biggest Week, BSBO's Executive Director, Kimberly Kaufman, announced that several downtown buildings are actively participating in the statewide Lights Out campaign. 

The BSBO Conservation Committee and Ohio Bird Conservation Initiative, with the support of the Lucas County Sustainability Commission, Lucas County Commissioners, Toledo City Council, and Toledo Mayor Wade Kapszukiewicz, are thrilled to announce that five of the tallest buildings in the city of Toledo are now following Lights Out protocol, reducing a significant threat to migratory birds.


Our thanks to:
   - ProMedica 
   - Fifth/Third Bank
   - One Government Center 
   - Hylant Insurance and
   - PNC Bank


Local ABC affiliate, 13abc, covered the story, HERE. 

Oak Harbor - As reported in detail elsewhere on the BSBO website, the Oak Harbor Village Council did approve an ordinance, which makes it a misdemeanor crime to allow cats to roam or to offer public places for cats to obtain food. Subsequent meetings have identified additional actions that should be taken to ensure concrete results from implementation of the new ordinance. ​
august
BIRD-SAFE, BIRDER-FRIENDLY LIGHTS OUT INITIATIVE

As we announced last spring, through the leadership and guidance of BSBO and Ohio Bird Conservation Initiative, the City of Toledo agreed to participate in our Bird-Safe, Birder-Friendly City program. Phase One: participation in “Ohio Lights Out.” The Ohio Lights Out program seeks to minimize risk of building collisions to migrating birds. Collisions with lighted buildings are a leading cause of bird fatality during migration in North America, and it is estimated that up to half a billion birds die each year in North America from building collisions. The idea behind turning out the lights at night is straight-forward: large numbers of birds migrate at night and do so by orienting themselves and their direction by the stars. Lights left on at night in tall buildings disorient the birds, especially in cities. Studies have shown that simply turning off certain lights at night during migration will dramatically reduce the number of building strikes and associated death rates.

In downtown Toledo, beginning in Spring 2019, management of 5/3rd Bank, Hylant Insurance, PNC Bank, ProMedica, and 1 Government Center—with full support from Toledo Mayor Wade Kapszukiewicz and Toledo City Council—all agreed to participate in the Lights Out program during spring and fall migration periods. Fall migration is underway, and the City of Toledo is, once again, doing their part to make the city a safer place for migratory birds.
​
​During a recent visit to International Park in east Toledo, BSBO Executive Director, Kimberly Kaufman, looked upon and photographed the skyline of downtown Toledo at 9:30 p.m. This photograph is hers and below she explains her reaction to the sight she witnessed: 
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​“Following a lovely dinner with friends along the Maumee River, I paused to admire and appreciate the scene before us. It was a beautiful summer evening: boats on the river, people walking in the park. And then I looked up at the city skyline. I’m not ashamed to admit that I was overcome with emotion at what I saw. The upper floors of nearly every tall building in the city of Toledo were dark. The culmination of years of effort, an entire city now cares more about birds, and they’re proving that through conservation action. I can’t tell you how proud I was to be part of BSBO in that moment.” ~Kimberly Kaufman

WIND ENERGY

First is the Icebreaker Wind project, a proposal to put six turbines in Lake Erie near Cleveland, about seven miles offshore. This project has been lingering for almost a decade while trying to obtain a Certificate of Environmental Compatibility and Public Need (CECPN) from the Ohio Power Siting Board (OPSB), which would in essence be permission to proceed with construction and operation. It has reached the final stages of the review process; and the next step is to begin testimony and cross-examination before the adjudicatory judge. It is the time when expert witnesses will be called upon to provide testimony for both sides, those in favor and those opposed to the project. It precedes final deliberation by the OPSB.
Black Swamp Bird Observatory has taken the two-fold position that the project should not be approved since the proposed site lies within the Central Basin of the lake, a designated Globally Important Bird Area. The ecological studies that have been performed and that are proposed for the future are not scientifically rigorous enough to be able to evaluate the potential risk to birds and bats. That would be a lethal combination of bad siting and bad science.

In light of this, the former Regional Energy Coordinator for Region 3 of the U.S. Fish and Wildlife Service, Dr. Jeff Gosse, Ph.D., stated in written pre-hearing testimony: “My professional opinion, to a reasonable degree of scientific certainty, is that neither the Current Record nor the Pre-Filed Testimony sets forth scientifically valid data or identifies validated methodologies sufficient for the Board to make findings and determinations: (1) as to the nature of the probable environmental impact of the Project on birds and bats as required by R.C. 4906.1 0(A)(2); or (2) that the Project represents the minimum adverse environmental impact to birds and bats as required by R.C. 4906.1 0(A)(3).” In short, he says Icebreaker Wind has not provided evidence to the OPSB, which is required to consider awarding the CECPN. We are hoping that the OPSB takes into account the weight and scientific value of his experience and testimony, and denies the CECPN.

The second project is that of Seneca Wind, a case before the OPSB to which BSBO has been a legal participant. This project would place 77 very tall, 600 feet tall, turbines in Seneca County. In a rather dramatic turn of events, Seneca Wind found themselves with not enough time to gain all the approvals necessary as a prerequisite to the hearings scheduled by OPSB. After the OPSB refused to allow Seneca Wind a postponement in the schedule, Seneca Wind chose to withdraw its application and close the proceedings. If they choose to refile another application to the OPSB in the future, which they have said they would, then the whole process begins over again. For the time being, the Seneca Wind project is over and done. While we on the Conservation Committee see this as good news, we cautiously do not consider this a victory for birds and bats. We will be in a wait-and-see mode at least until the end of the year, or until further announcements from sPower, the developer behind Seneca Wind. 

2018 Updates

January 
​BSBO Conservation Update
January 2018
by Ken Mauer 


Single-Turbine Wind Energy Projects
While no meeting date with legislators and ODNR has yet been set, we understand that ODNR is ready to discuss draft legislation and see if consensus can be reached to move it forward.  We will keep you apprised of developments in this critical effort to protect birds, bats and the habitats that support them from poorly sited wind turbines.

LEEDCo Icebreaker Project
LEEDCo has filed a petition to resume the OPSB proceeding considering LEEDCo’s application for approval of the Icebreaker Project.  LEEDCo attempts to justify this request on the basis that they have addressed ODNR concerns about the lack of an adequate radar study to identify the make-up and size of the bird and bat populations which would be impacted by wind turbines constructed at the proposed Icebreaker site in Lake Erie.  It appears that once again, LEEDCo is attempting to take shortcuts, rather than doing a scientifically supportable job of addressing ODNR’s concerns.  The BSBO Conservation Team, led by Mark Shieldcastle has prepared and filed comments with the OPSB pointing out the deficiencies in LEEDCo’s approach and objecting to the resumption of the OPSB proceeding.  BSBO is guardedly optimistic that ODNR and perhaps USFWS will also register its opinion that LEEDCo has not put forward an adequate plan for the extremely important radar studies.

Analysis of Timber Road Mortality Data
(Timber Road is a wind energy facility in western Ohio)

BSBO Research Director and Conservation Team member, Mark Shieldcastle, and Conservation Team member, Don Bauman’s comprehensive and expert review of the EDP Renewables bird and bat mortality data has been provided to nationally known expert, Dr. Shawn Smallwood.  As Dr. Smallwood’s detailed analysis has been delayed, other options are being considered to provide some information to EDP in the near future.

Bird-Friendly Communities 

Bird-Friendly Toledo
BSBO initiated a conference call with building managers and government officials to discuss lighting strategies and other measures to reduce bird mortality from birds being attracted to and striking tall, lighted buildings.  This program would be part of a state-wide program seeking to introduce such bird-friendly initiatives in other major cities in Ohio.  The initial call was productive and the foundation for some specific actions was developed.  We will keep you updated on progress with this initiative.

Bird-friendly Oak Harbor
BSBO initiated and facilitated a meeting with local officials, experts in various fields, and concerned citizens to continue discussions of how to deal with growing populations of feral cats in the community.  BSBO will continue to be involved to assist in developing measures to resolve this problem as appropriate. 
February 
BSBO CONSERVATION UPDATE
February 2018
by Ken Mauer 

Single-Turbine Wind Energy Projects
Our discussions with lawmakers and the Ohio Department of Natural Resources continue as BSBO navigates the complex and complicated process of changing Ohio law regarding single turbine projects in bird-sensitive areas. These projects currently require ZERO wildlife review. In fact, the state and federal wildlife agencies don’t even have to be made aware of these projects before they’re approved. It’s a long process, but we intend to be persistent and tenacious.

LEEDCo Icebreaker Project
LEEDCo has filed a petition to resume the OPSB proceeding considering LEEDCo’s application for approval of the Icebreaker Project.  LEEDCo attempts to justify this request on the basis that they have addressed ODNR concerns about the lack of an adequate radar study to identify the make-up and size of the bird and bat populations which would be impacted by wind turbines constructed at the proposed Icebreaker site in Lake Erie.  It appears that, once again, LEEDCo is attempting to take shortcuts, rather than doing a scientifically sound job of addressing ODNR’s concerns on the methodology for a radar study.  At the same time, LEEDCo is seeking an expedited OPSB review of LEEDCo’s plans to attempt to regain time lost during the suspension of the OPSB proceeding.  It appears likely that OPSB will allow resumption of the application proceeding but will refuse any expedited timeline for OPSB consideration of LEEDCo’s action.  Based on the pre-construction work that LEEDCo is required to perform under the MOU relative to impacts on birds and bats, and what appears to be ODNR’s intent to hold LEEDCo to the requirements of the MOU, no construction could begin during 2018.  BSBO will continue to monitor the OPSB proceeding and to have input where possible.

Bird-Friendly Communities 

Bird-Friendly Toledo
This initiative is moving forward, as BSBO has arranged a meeting with Lucas County Commissioner, Carol Contrada, and other key stakeholders to take the next steps in coordinating efforts Toledo can take as part of a state-wide program seeking to introduce such bird-friendly initiatives.   We will keep you updated on progress.

Bird-Friendly Oak Harbor
BSBO conservation team members initiated a recent meeting with local officials, experts in various fields, and concerned citizens, to continue discussions of how to deal with growing populations of feral cats in the community.  As an action item from that meeting, BSBO agreed to provide services to amend the current legislation and add language to address the feral and free-roaming cat issue in the Village. A second meeting takes place in early March to allow BSBO expects to meet with local officials soon to discuss specific items and language.

Meet The BSBO Conservation Team at The Biggest Week 
The Conservation Team will have a greater presence at the Biggest Week this year, promoting support for the Biggest Week Conservation Fund to help support local habitat restoration. We hope to meet and discuss bird conservation issues with many of you at the BSBO booth at the Maumee Bay State Lodge, May 4-12, from 3-7:00 PM.
July
​Migratory Bird Treaty Act Lawsuit Filed
On May 24, 2018 litigation titled National Audubon Society v Department of Interior was filed in federal district court by a coalition of wildlife organizations including: the American Bird Conservancy, the Center for Biological Diversity, Defenders of Wildlife, National Audubon Society, National Wildlife Federation and the Natural Resources Defense Council.  This suit challenges a legal opinion written by an attorney for the Department of the Interior which would remove longstanding protections for waterfowl, raptors and songbirds under the Migratory Bird Treaty Act (MBTA).  The main issue in the case is the definition of “incidental take” (“take” being a euphemism for the killing of birds) which has, for decades been interpreted to include industrial activities which would cause unintentional but predictable and avoidable killing of birds.  The new DOI legal opinion would now interpret the protections of the MBTA to apply only to activities that purposefully kill birds.  If allowed to go unchallenged this new DOI policy, which many DOI employees disagree with, would have devastating impacts on bird populations nationwide and by extension, globally. 

 LEEDCo Icebreaker Project
 The second OPSB public hearing on the project was held July 19, 2018 in Cleveland.  It was very well attended with a number of organizations and individuals providing oral and/or written testimony.  Both Don Bauman and Mark Shieldcastle testified on behalf of BSBO.  Thanks to Don, Mark, and Kimberly Kaufman for their efforts in preparing BSBO’s remarks! The comments, as in the past focused on the many deficiencies in the science, or complete lack thereof, relied on by LEEDCo to support their conclusion that the project will have little impact on birds and bats. While the BSBO comments were well received by many in the audience, they have provoked a very public backlash from LEEDCo.  BSBO has been forced to respond to these attacks in as reasoned a manner as possible.  Meanwhile, procedural machinations by LEEDCo continue at the OPSB.  Again, BSBO is utilizing all opportunities to ensure its position is heard.

Analysis of Timber Road Mortality Data
The BSBO Conservation Committee continues to coordinate with Dr. Shawn Smallwood to apply the latest scientific methodology to understand the deficiencies in the methodology used to calculate the bird and bat mortality from operation of the Timber Road wind facility in the agricultural land of far western NW Ohio. Additionally, BSBO contacted the U.S. Fish and Wildlife Service to ascertain the status of their investigation of bird and bat mortality at Timber Road.  We were advised that the investigation was nearly complete and that the submission of a new Freedom of Information Act (FOIA) request might now receive a substantive response. Legal counsel has been retained to prepare and submit the FOIA request.

BSBO Proposed Wind Turbine Siting Legislation
After a long hiatus, there is some hope that this initiative may be re-started.  BSBO has scheduled a meeting with high-ranking officials at the ODNR at the suggestion of Rep. Steve Arndt and Senator Rangy Gardner to discuss areas of agreement and issues which may require resolution in connection with BSBO’s approach to controlling siting of small/individual wind turbine projects, particularly in the vicinity of the shore of Lake Erie. The results of this meeting could serve as the basis for legislation to be introduced in the Ohio legislature in 2019.

Media/Outreach
Conservation Committee members Steve Pollick and  John Hageman have continued to use their stature in the wildlife community to ensure BSBO’s position is heard.  Many thanks to them both! 
september
The BSBO Conservation Committee has maintained a high-energy pace on many fronts, particularly in regard to its most critical issue, that of conservation of birds and bats in the face of several proposed massive wind farms. Without further ado:
 
LEEDCo/Icebreaker project
 
This six-turbine project in central Lake Erie off Cleveland would be North America’s first freshwater offshore wind project and doubtless would pave the way for thousands of turbines across the Great Lakes and rest of the continent. The science and conservation of wildlife must be done right, which is BSBO’s unyielding stance.
 
Committee members plan to attend an Ohio Power Siting Board adjudicatory hearing re-scheduled for September 24. They both testified earlier at an OPSB public hearing in Cleveland in behalf of sound science and strict oversight applied rigorously to Icebreaker.
 
A telling article in the Sept. 7 Cleveland Plain Dealer indicates that BSBO-led concerns are being heard. A summary said in part: The staff of the Ohio Power Siting Board has recommended that the six wind turbines the Lake Erie Energy Development Corp. (LEEDCo) has proposed building 10 miles offshore operate only during daylight hours for 10 months out of the year while experts determine whether technology designed to detect bird and bat collisions with the turbines is effective. LEEDCo has tried without success to negotiate a compromise. The issue and other issues regarding sophisticated radar systems are now headed into that begin Sept. 24 in Columbus.
 
On a related note, the Ohio Sierra Club and Ohio Environmental Council continue unquestioned support of wind power as an alternative to fossil fuel without challenging demonstrable wildlife (bird and bat killings) impacts of turbine arrays.
 
The Committee’s Steve Pollick, meanwhile, submitted an independent, sharp rebuttal Op-Ed to The Blade in response to a pointed LEEDCo Op-Ed in that newspaper. LEEDCo’s Op-Ed took aim pointedly at BSBO for questioning Icebreaker’s impacts. Pollick’s piece has been re-published on social media, so it may have a wider reach.
 
Also, the National Audubon Society appears to be hardening its stance in questioning the validity of LEEDCo/Icebreaker as a result of BSBO challenges.
 
EDP Renewables Timber Road
 
This is a wind-turbine facility in Paulding County owned by EDP Renewables, known as Timber Road II, in which BSBO is able to analyze mortality data. The data was provided to BSBO after years of requests and meetings facilitated between BSBO and EDP Renewables by Ohio Department of Natural Resources. BSBO Conservation Committee member and noted wind researcher, Dr. Shawn Smallwood,  is scheduled to complete an analysis. BSBO filed a  federal Freedom of Information Act request for this data, which was rejected on the grounds that it might “impeded an ongoing federal investigation into the facility.”  Even while there was an investigation taking place, the Ohio Power Siting Board approved an expansion of this facility. Just one more major obstacle we face in protecting birds and bats from the expansion of wind energy.
 
Republic Wind
 
An OPSB public hearing for this 58-turbine project for as been postponed with a new date unset. The Committee has obtained massive amounts of information in the applications, much of it on birds and bats. Our initial review indicates much of the information is dated and questionable, and the committee plans to prepare case comments for BSBO. 
Seneca Wind
 
The Committee’s Bauman plans to review data for Seneca Wind, which would construct 85 units, according to OPSB. Both these projects have generated widespread local opposition.
 
Ohio Wind Energy Legislation
 
Attorney and Committee Member, Ken Mauer, has drafted proposed state wind-energy legislation to address the complete and utter lack of regulation or wildlife review of massive single turbine projects in Ohio. With support from two Ohio lawmakers, on  Aug. 20 the Committee presented our draft  to the administration and staff of the Ohio Department of Natural Resources.
 
The discussion focused on the benefits of ODNR’s Memorandum of Understanding with LEEDCo as a template for future projects, and of the need to substantially revise the ODNR pre- and post-construction monitoring protocols. BSBO is awaiting ODNR comments.
 
This action would change overall responsibility on wind projects.
 
BSBO’s Bird-safe / Birder-friendly Communities Initiatives

Toledo Initiative - Lights Out
BSBO continues to build this program, to turn off lights in and on tall buildings during bird migrations, as “Bird Friendly Toledo” rather than as a “Lights Out” project (elsewhere) because of the latter’s negative implications. Lucas County commissioners have endorsed the concept, but a change of major in Toledo has slowed the city response, which is expected to be positive as well.
 
Oak Harbor Initiative - Outdoor Cat Program
 
A proposal to control feral cats in the village of Oak Harbor recently received increased impetus with a complaint at a recent council meeting by Mil Greggila, Principal of the St. Boniface Elementary School.
 
Greggila reported that so many cat feces litter on the schoolyard grass where children play that mowing literally sprays cat feces. She said that the cats that are either friendly enough or too sick (or have grave injuries with maggots visible) to flee often are picked up by the kids. Also, a school staff member left car windows down on a particularly hot day, only to discover when she arrived home that one of the cats had stowed away in her car.
 
Committee members in attendance raised issues over human health concerns from feral cat colonies, of which the village has several. It was also noted that BSBO had convened a working group and the group has presented the revised legislation to the Village Safety Committee. If approved, a cat ordinance would be presented to Village Council. We expect Village Council to adopt this revised legislation at its meeting on 1 October.
october
While autumn was late in arriving we have now had a long spell of cool weather and finally the onset of the beautiful foliage can be seen. Fall migration is underway and while some of the BSBO Conservation Team has migrated too, the work goes on.

Migratory Bird Treaty Act Lawsuit Filed

As a reminder, on May 24, 2018 litigation titled National Audubon Society v Department of Interior was filed in federal district court by a coalition of wildlife organizations including: the American Bird Conservancy, the Center for Biological Diversity, Defenders of Wildlife, National Audubon Society, National Wildlife Federation and the Natural Resources Defense Council. This suit challenges a legal opinion written by an attorney for the Department of the Interior which would remove longstanding protections for waterfowl, raptors and songbirds under the Migratory Bird Treaty Act (MBTA). The main issue in the case is the definition of “incidental take” (“take” being a euphemism for the killing of birds) which has, for decades been interpreted to include industrial activities which would cause unintentional but predictable and avoidable killing of birds. The new DOI legal opinion would now interpret the protections of the MBTA to apply only to activities that purposefully kill birds. If allowed to go unchallenged this new DOI policy, which many DOI employees disagree with, would have devastating impacts on bird populations nationwide and by extension, globally.

Even while this litigation is pending, the DOI is taking steps to codify the substance of the Solicitor’s Opinion into law. DOI has issued a notice of proposed rulemaking, which could result in the promulgation of new regulations, which would have the force of law, to roll back the protections of the MBTA. BSBO is planning to file comments during the public comment period opposing the proposed rules.

LEEDCo /Icebreaker Wind Project

 Despite compelling evidence of the lack of good science, and in some cases the lack of any science to support the conclusion, the US Department of Energy and the Army Corps of Engineers have somehow concluded that the Environmental Assessment (EA) performed by LEEDCo supports a Finding of No Significant Impact (FONSI) of the project on birds and bats. This is a very disappointing development. Other possible legal options are being investigated by BSBO in conjunction with American Bird Conservancy (ABC) to require reconsideration of the FONSI. BSBO is still hopeful that even if the FONSI is not overturned that the ODNR will maintain its current stance, which would impose significant requirements that LEEDCo do much more work in connection with avian impacts of the project. This hope is tempered by the knowledge that the November 2018 election will likely bring in a new leadership team at ODNR and new marching orders from the Governor’s Office.

Analysis of Timber Road Mortality Data

A new Freedom of Information Act (FOIA) request for information related to bird and bat mortality has been filed by BSBO. The final report on the analysis of previous mortality data already in BSBO’s possession is being prepared for discussion with EDP.

BSBO Proposed Wind Turbine Siting Legislation

Despite an encouraging meeting with ODNR to discuss the proposed legislation and the revision of protocols for pre- and post- construction mortality studies, little more progress is expected until after the November 2018 elections, which will affect the ODNR and potentially supportive legislators.

Bird-Friendly Toledo

Kim Kaufman has renewed efforts to educate City of Toledo officials of the benefits of reduced bird mortality resulting from modifying nighttime lighting operation of tall structures, which may be attractive to birds. Work remains to be done.

Bird-Friendly Oak Harbor

As reported in detail elsewhere on the BSBO website, the Oak Harbor Village Council did approve an ordinance which makes it a misdemeanor crime to allow cats to roam or to offer public places for cats to obtain food.

Republic Wind and Seneca Wind Projects

It appears that both of these projects are meeting with significant public opposition, BSBO and ABC submitted comments to the Ohio Power Siting Board (OPSB), in connection with the Republic Wind project, and they have been posted on the OPSB docket. Whether in response to the local opposition or to wait for a potentially more favorable environment at the Statehouse, the project developer has asked for a delay in consideration of its application until after January 1, 2019.

Analysis of the application for Seneca Wind is underway and comments are expected to be ready for filing with OPSB yet in 2018.

Media/Outreach

​Conservation Committee members Steve Pollick and John Hageman have continued to use their stature in the wildlife community to ensure BSBO’s position is heard. Many thanks to them both!
​

Roaming cat and outdoor feeding station ban

​After months of effort, the BSBO Conservation Committee is thrilled to announce that on October 15, the Oak Harbor Village Council voted unanimously to approve legislation banning roaming cats and outdoor feeding stations. 

In June 2017, the BSBO Conservation Committee convened a working group to address the disturbing number of roaming cats in the Village of Oak Harbor, Ohio. While the effort focused primarily on the risk to human health and the rights of property owners in the village, banning roaming cats has the important added benefit of saving native birds and wildlife. 

BSBO presented the initial draft legislation and brought an impressive range of experts and community leaders to the working group, including a local veterinarian, attorneys, village administration and council members, local cat shelter directors, and the director of the Chamber of Commerce. The group researched legislation passed by other cities and municipalities, and presented a reasonable, well-researched, and enforceable legislation to village council. The law forbids providing a “regular” outdoor feeding or watering area, and lists persistent howling, noxious odors from defecating and urinating, and damage to vegetation among possible complaints to legally address.

This is a huge victory for bird conservation! We hope the legislation will serve as a model for other areas dealing with this serious problem.

Domestic cats make wonderful companions when kept indoors or allowed outside only when confined. When allowed to roam, they are nonnative predators that kill billions of birds each year. (Yes, billions with a B.) The more we can work towards a reasonable solution the more it benefits birds, people, and the cats, too! We hope the legislation will serve as a model for other areas dealing with this serious problem.

CLICK HERE to read the legislation in its entirety. 
november/december
The BSBO Conservation Team held a single November/December meeting on December 6, 2018, in recognition of busy schedules during the holidays. Nonetheless, there is news to report as everyone gets back into the regular post-holiday routine.

LEEDCo/Icebreaker Wind Project


As decisions of the federal DOE and the Ohio Power Siting Board (OPSB) allow the Icebreaker project to inch forward, BSBO is exploring possible joint efforts with the Lake Erie Foundation (LEF) and the American Bird Conservancy (ABC) to raise both procedural and scientific objections to the project that might be persuasive to the OPSB or to a court that the true impact of the siting of wind turbines in Lake Erie has not been accurately assessed. The next significant action by the OPSB is currently scheduled for January 15, 2019 and plans for reacting to various possible decisions by OPSB are being made. The change of administration in Ohio and appointments by the incoming Governor may lead to a difference in philosophy at ODNR and other agencies, and will be watched closely.

BSBO Proposed Wind Turbine Siting Legislation


As soon as possible, BSBO will seek a meeting with the newly appointed leadership at ODNR to educate them and gauge support for the legislative approach which was well-received by the previous ODNR leadership. Similarly, a meeting with Steve Arndt and Randy Gardner’s successor will be scheduled as soon as the Ohio legislature is re-organized.

Bird-Friendly Toledo


Kim Kaufman has renewed efforts to educate City of Toledo officials and other influential community leaders of the benefits of reduced bird mortality by modifying certain aspects of the operation of structures which may be attractive to birds. A meeting with certain leaders is scheduled for December 18.

Bird-Friendly Oak Harbor


As reported in detail elsewhere on the BSBO website, the Oak Harbor Village Council did approve an ordinance which makes it a misdemeanor crime to allow cats to roam or to offer public places for cats to obtain food. Subsequent meetings have identified additional actions that should be taken to ensure concrete results from implementation of the new ordinance. Kim Kaufman has continued to be a leader in these discussions.

Republic Wind and Seneca Wind Projects


​Due to the possible precedent for siting of large wind farms in northwest Ohio, represented by these and other projects which are on the drawing board, BSBO has decided to seek intervenor status in the Seneca Wind OPSB case proceeding. With the approval of the BSBO Board, legal counsel who has particular expertise in representing intervenors in such proceedings has been retained. BSBO’s petition to be an intervenor has been granted and BSBO will now have an opportunity to more fully represent the interests of birds, bats, and protection of their habitats in this proceeding.

2017 Updates 

DEcember 
BSBO Conservation Update
December 2017
by Ken Mauer 


Single-Turbine Wind Energy Projects

 While no meeting date with legislators and ODNR has yet been set, we understand that ODNR is ready to discuss draft legislation and see if consensus can be reached to move it forward.  We will keep you apprised of developments in this critical effort to protect birds, bats and the habitats that support them from poorly sited wind turbines.

LEEDCo Icebreaker Project

 LEEDCo has filed a petition to resume the Ohio Power Siting Board (OPSB) proceeding considering LEEDCo’s application for approval of the Icebreaker Project.  LEEDCo attempts to justify this request on the basis that they have addressed Ohio Department of Natural Resources (ODNR) concerns about the lack of an adequate radar study to identify the make-up and size of the bird and bat populations which would be impacted by wind turbines constructed at the proposed Icebreaker site in Lake Erie.  It appears that once again, LEEDCo is attempting to take shortcuts, rather than doing a scientifically supportable job of addressing ODNR’s concerns.  The BSBO Conservation Team filed comments with the OPSB pointing out the deficiencies in LEEDCo’s approach and objecting to the resumption of the OPSB proceeding. BSBO is guardedly optimistic that ODNR and perhaps USFWS will also register its opinion that LEEDCo has not put forward an adequate plan for the extremely important radar studies.
 
 
Analysis of Timber Road Mortality Data 

 BSBO Research Director and Conservation Team member, Mark Shieldcastle, and Conservation Team member, Don Bauman’s comprehensive and expert review of the EDP Renewables bird and bat mortality data has been provided to nationally known expert, Dr. Shawn Smallwood.  As Dr. Smallwood’s detailed analysis has been delayed, other options are being considered to provide some information to EDP in the near future.

Bird-Friendly Toledo

BSBO staff gathered together several individuals to begin to discuss a Bird-friendly Toledo campaign. This program would be part of a state-wide program seeking to introduce such bird-friendly initiatives in other major cities in Ohio.  The initial call was productive and the foundation for some specific actions was developed.  We will keep you updated on progress with this initiative.

Feral Cat Control in Oak Harbor

BSBO took the lead on initiating legislation in the city of Oak Harbor to begin to address the feral and free-roaming cat issue. Members of the BSBO staff participated in a recent meeting with local officials, experts in various fields to discuss the issue and begin to form a solution through legislation. ​
November 
​Single-turbine wind energy projects: BSBO presses for legislation
​

Representatives of BSBO hope to meet with legislators and ODNR representatives sometime next month to discuss the legislative proposal prepared by BSBO. We will keep you apprised of developments in this critical effort to protect birds, bats, and their habitats from poorly sited wind turbines.

LEEDCo Icebreaker Project
BSBO’s efforts on the Icebreaker offshore wind project continue on two related but separate aspects of regulatory consideration:

(1) DOE public comment process:
As posted on the BSBO website, BSBO and the American Bird Conservancy submitted a detailed analysis of the deficiencies of the Icebreaker Environmental Assessment (EA) to the Department of Energy (DOE) during the EA’s public comment period. BSBO hopes to convince DOE that a more detailed study of the project’s impacts on birds and bats is warranted, in the form of an Environmental Impact Statement (EIS). The concerns BSBO and ABC outline have been echoed by a more recent review submitted by the U.S. Fish & Wildlife Service.

(2) OPSB application proceeding:
BSBO plans to prepare and submit additional written comments on the many deficiencies in the environmental impact studies which consultants for LEEDCo have prepared and are before the OPSB.  BSBO provided oral testimony at a November 8 public hearing in Cleveland.
Further, BSBO understands that LEEDCo has failed to initiate the avian radar studies required by the Memorandum of Understanding with ODNR; this could delay subsequent activities on the project. USFWS has begun its own shore-based avian radar study in the Cleveland area. It is unclear what conclusions about the impacts of the LEEDCo project might be drawn from such a shore-based study.
 
Free-ranging and feral cats
BSBO Executive Director Kimberly Kaufman was recently invited to participate in a panel discussion on free-roaming and feral cats and their impact to birds and wildlife. The panel took place during the Ohio Community Wildlife Conference in Columbus, Ohio. BSBO provided copies of Dr. Peter Marra’s book, Cat Wars, and sold all 27 copies we had on hand. Read BSBO’s position statement on the topic here.

Conservation outreach efforts 
Other members of the BSBO Conservation Committee, including Mark Shieldcastle, John Hageman, and Steve Pollick, have recently addressed groups on relevant conservation topics. Mark Shieldcastle presented on wind energy and the lack of sound science for the Ohio Avian Research Conference. Steve Pollick and John Hageman, the team’s well- known journalists, continue to address bird conservation issues in publications such as Ohio Outdoor News, the Sandusky Register, and others. Please watch for the fine articles penned by these experts, and share them with your family and friends!
October 
​BSBO Conservation Update
October 2017
by Ken Mauer 
     

Single-Turbine Wind Energy Projects: BSBO presses for legislation
 It is hoped that sometime during November representatives of BSBO will be meeting with legislators and ODNR representatives to discuss the legislative proposal prepared by BSBO.  We will keep you apprised of developments in this critical effort to protect birds, bats and the habitats that support them from poorly sited wind turbines.

LEEDCo Icebreaker Project
BSBO efforts on the Icebreaker project continue on two related but separate aspects of regulatory consideration of this wind energy project off the shore of Lake Erie:
DOE Public Comment Process -
 As posted on the BSBO website, BSBO and the American Bird Conservancy submitted a detailed analysis of the deficiencies of the Icebreaker Environmental Assessment (EA) to DOE prior to October 10, 2017, the close of the public comment period on the EA.  The desired outcome is to convince DOE that more detailed study of the impacts of the project on birds and bats is warranted, in the form of an Environmental Impact Statement (EIS). The concerns BSBO and ABC outlines in our review of the EA were echoed by the more recent review submitted by the U.S. Fish & Wildlife Service.
OPSB Application proceeding -
BSBO plans to prepare and submit additional written comments on the many deficiencies in the environmental impact studies which consultants for LEEDCo have prepared and are before the OPSB.  BSBO provided oral testimony at a November 8 public hearing in Cleveland.
Further, BSBO understands that LEEDCo has failed to initiate the avian radar studies required by the Memorandum of Understanding with ODNR which could delay subsequent activities on the project.  USFWS has begun its own shore-based avian radar study in the Cleveland area.  It is unclear what conclusions about the impacts of the LEEDCo project might be drawn from such a shore-based study.
 
Free-ranging and feral cats -
In November, BSBO Executive Director, Kimberly Kaufman was invited to participate in a panel discussion on free-roaming and feral cats and their impact to birds and wildlife during the Ohio Community Wildlife Conference in Columbus, Ohio.  BSBO provided copies of Dr. Peter Marra’s book, Cat Wars, and sold all 27 copies we had on hand.

Conservation Outreach Efforts 
Other members of the BSBO Conservation Committee, including Mark Shieldcastle, John Hageman, and Steve Pollick, have recently addressed groups on relevant conservation topics.  Mark presented on wind energy and the lack of sound science for the Ohio Avian Research Conference. The team’s well- known journalists, Steve Pollick and John Hageman continue to address bird conservation issues in publications such as Ohio Outdoor News, the Sandusky Register and others. Please watch for the fine articles penned by these experts and let your family and friends know about them!
September 
​BSBO CONSERVATION UPDATE
SEPTEMBER 2017
by Ken Mauer

While the calendar indicates that it is officially Autumn, the weather definitely feels more like the August weather we did not have during August! Good birding to all during the fall migration!

Single-Turbine Wind Energy Projects
As previously reported, the current regulatory structure in Ohio allows the installation and operation of single turbines with no environmental impact review.  BSBO’s Conservation Team is taking immediate steps to address this problem, including preparing draft legislation to require the following:
  1. Commercial-size single turbine installations undergo a rigorous pre-construction environmental impact review
  2. Methodologies for the impact review are spelled out in detail
  3. Similarly rigorous post-construction studies are required
  4. The data generated by all of these studies are made available for public review and comment.
Productive meetings with key legislators have been held to educate them about the impacts that poorly sited single turbines can have on bird and bat populations along the shore of Lake Erie. These legislators appear willing to support BSBO’s efforts.  We are hopeful that opportunities to explain BSBO’s approach to this issue to other key stakeholders will be forthcoming.

 LEEDCo Icebreaker Project
  • BSBO’s efforts on the Icebreaker project have intensified. Two distinct regulatory aspects of this offshore wind project have emerged as being of particular importance: OPSB Application proceedings. BSBO plans to prepare and submit additional written comments on LEEDCo’s OPSB application. Comments will emphasize the many deficiencies in the environmental impact studies that were prepared by consultants for LEEDCo. BSBO is also considering providing oral testimony at a November public hearing to be held in Cleveland.
  • DOE Public Comment Process. The U.S. Department of Energy, which is the primary financial sponsor of the LEEDCo project, is now allowing public comments on a variety of subjects including environmental impact.  Two members of the Conservation Committee attended a DOE-sponsored open house in Lakewood, OH. At this event, certain limited information on the current provisional conclusions of the draft Environmental Assessment (EA) was made available. The impacts on birds and bats are included in the EA. Disturbingly, and contrary to BSBO’s position, [LMM1]  the EA concludes that adverse impact on birds and bats would be inconsequential. The Conservation Committee preparing a detailed analysis of the deficiencies of the EA. This analysis will be submitted to the DOE prior to October 10, 2017, the close of the public comment period on the EA.  The desired outcome is to convince the DOE that a more detailed study of the impacts of the project on birds and bats is warranted, in the form of an Environmental Impact Statement (EIS).
 
Analysis of Timber Road Mortality Data (Note: Anything new to report on this item?)
BSBO’s comprehensive and expert review of the EDP Renewables bird and bat mortality data will soon be available in written form. The initial draft is undergoing review by nationally renowned expert Dr. Shawn Smallwood. We are hopeful that Dr. Smallwood can shed additional light on the many issues of concern about the data and the methodologies utilized to calculate this data that Mark and Don initially identified.

Conservation Team Members Honored with
BSBO Awards

Several members of the Conservation Team received awards at the annual BSBO Volunteer Recognition Picnic.  Awards for outstanding volunteer service to BSBO went to Karen Zach and Randy Kreager.   Conservation Service awards went to Don Bauman and Ken Mauer.
August 
​BSBO CONSERVATION UPDATE
AUGUST 2017
by Ken Mauer

Single-Turbine Wind Energy Projects
Unfortunately, the current regulatory structure in Ohio allows the installation and operation of single turbines with no environmental impact review.  BSBO’s Conservation Team is taking immediate steps to address this problem, including preparing draft legislation to require that: commercial-size single turbine installations undergo a rigorous pre-construction environmental impact review, that the methodologies for the impact review are spelled out in detail, that similarly rigorous post-construction studies are required, and that the data generated by all of these studies are made available for public review and comment. Productive meetings with key legislators have now been held to educate them about the impacts that poorly sited single turbines can have on bird and bat populations along the shore of Lake Erie.  Next steps to move the BSBO agenda forward are currently being formulated.

LEEDCo Icebreaker Project
LEEDCo has submitted its revised application for construction of the six turbine offshore demonstration project in Lake Erie to the Ohio Power Siting Board, including the two Memoranda of Understanding (MOUs) which will govern pre-construction, construction, and post-construction monitoring for aquatic/fisheries and avian (birds and bats) impacts of the project.  While the language of the MOUs is not as strong as BSBO had previously been advised, we are hopeful that the terms of those documents will be rigorously enforced by Ohio DNR.  As the OPSB application review proceeding will now resume BSBO will continue to participate in the application process to ensure, to the extent possible, that environmental impact is given due consideration by OPSB prior to issuance of any sort of permission for the project to begin.  Public meetings related to the LEEDCo project will be held in the coming months and BSBO will participate in them, as appropriate.

Iberdrola Renewables Litigation
As you may recall, this litigation concerns why bird and bat mortality data collected at the Blue Creek wind farm in west central Ohio should not be considered trade secret information and thus should be disclosed under the Public Records laws of Ohio. Despite a persuasive amicus brief prepared and filed by counsel for the American Bird Conservancy and BSBO, the Court in Franklin County granted Iberdrola’s Motion for Summary Judgement, upholding Iberdrola’s position that it has a right to suppress the mortality data and virtually ignoring the arguments made by ABC and BSBO.  As earlier reported, BSBO did explore options for appeal of the very disappointing decision, but concluded that only if ODNR agreed to initiate the appeal could it have any realistic chance of success.  Unfortunately, ODNR has advised that it will not pursue an appeal, so it appears that there is nothing BSBO can do legally, at this time.

 Analysis of Timber Road Mortality Data
 BSBO Research Director and Conservation Team member, Mark Shieldcastle, and  Conservation Team member, Don Bauman’s comprehensive and expert review of the EDP Renewables bird and bat mortality data will soon be available in written form.  The initial draft is undergoing review by nationally known expert, Dr. Shawn Smallwood.  We are hopeful that Dr. Smallwood can shed additional light on the many issues of concern about the data and the methodologies utilized to calculate this data that Mark and Don initially identified.

Distribution of 2017 BWIAB Conservation Funds
BSBO staff recommended to the Conservation Committee that the $8, 000 donated by generous conservation advocates at the 2017 BWIAB, be distributed to the Standing Rush Marsh Restoration Project.  This is a 600 acre marsh which was once prime marshland, but was not properly managed and maintained under prior ownership.  The new owners have indicated that this property will be made accessible for birders in the future.
july
BSBO CONSERVATION UPDATE
July 2017
by Ken Mauer

Significant indoor activity by the BSBO Conservation Team has also been occurring to address a number of wind energy issues of concern and are highlighted in this month’s update.

Camp Perry Wind Turbine and Lake Erie Business Park Turbines
Hopefully, through previous news items in BSBO publications, you are aware that the Camp Perry wind turbine will not be built, at least for now.  As this project seems to have nine lives we will remain vigilant to ensure it does not surface again without proper review.  At nearly the same time that the Camp Perry announcement was made, a second large wind turbine was being erected at the Lake Erie Business Park.  This installation is symptomatic of the problems with the current regulatory structure in Ohio, which allows the installation and operation of single turbines such as this with NO environmental impact review.  BSBO’s Conservation Team is taking immediate steps to address this problem, including preparing draft legislation to REQUIRE that single turbine installations undergo a rigorous pre-construction environmental impact review.  Meetings with key legislators are being sought to educate them about the impacts that poorly sited single turbines can have on bird and bat populations along the shore of Lake Erie.
 
Leedco Icebreaker Project
Leedco has submitted its revised application for construction of the six turbine offshore demonstration project in Lake Erie to the Ohio Power Siting Board, including the two Memoranda of Understanding (MOUs) which will govern pre-construction, construction, and post-construction monitoring for aquatic/fisheries and avian (birds and bats) impacts of the project.  While the language of the MOUs is not as strong as BSBO had previously been advised, we are hopeful that the terms of those documents will be rigorously enforced by Ohio DNR.  BSBO will continue to participate in the application process to ensure, to the extent possible, that environmental impact is given due consideration by OPSB prior to issuance of any sort of permission for the project to begin.(Note:  Please feel free to revise if there are new or other developments on this topic that I am not aware of.)

Iberdrola Renewables Litigation
As you may recall, this litigation concerns why bird and bat mortality data collected at the Blue Creek wind farm in west central Ohio should not be considered trade secret information and thus should be disclosed under the Public Records laws of Ohio. Despite a persuasive amicus brief prepared and filed by counsel for the American Bird Conservancy and BSBO, the Court in Franklin County granted Iberdrola’s Motion for Summary Judgement, upholding Iberdrola’s position that it has a right to suppress the mortality data and virtually ignoring the arguments made by ABC and BSBO.  Needless to say, we are deeply disappointed by this decision and are investigating the options for appealing it.  

Bird-Friendly Wind Energy Technology
So far, BSBO’s study of alternative wind turbine technology has disclosed that there is such an investment in the gigantic monopole turbine design that the impetus for innovation of more bird-friendly designs is minimal.  The best way to minimize impacts on birds and bats still seems to be ensuring that they are not sited in areas where large numbers of birds and bats congregate or in migratory pathways.  We will continue to monitor advances in turbine design, turbine operation, etc.

Analysis of Timber Road Mortality Data
Many thanks to BSBO Research Director and Conservation Team member, Mark Shieldcastle and to Conservation Team member and long-time BSBO volunteer, Don Bauman for undertaking a comprehensive and expert review of the EDP Renewables bird and bat mortality data.  Many issues of concern about the data and the methodologies utilized to calculate this data have emerged from this review.  Mark and Don will be preparing a report on their findings in the coming weeks.
june
​BSBO CONSERVATION UPDATE
​June 2017
by Ken Mauer


Significant progress by the BSBO Conservation Team has taken place to address a number of wind energy issues of concern and are highlighted in this month’s update.

Camp Perry Wind Turbine and Lake Erie Business Park Turbines
Hopefully, through previous news items in BSBO publications, you are aware that the Camp Perry wind turbine will not be built, at least for now.  As this project seems to have nine lives we will remain vigilant to ensure it does not surface again without proper review.  At nearly the same time that the Camp Perry announcement was made, a second large wind turbine was being erected at the Lake Erie Business Park.  This installation is symptomatic of the problems with the current regulatory structure in Ohio, which allows the installation and operation of single turbines such as this with NO environmental impact review.  BSBO’s Conservation Team is taking immediate steps to address this problem, including preparing draft legislation to REQUIRE that single turbine installations undergo a rigorous pre-construction environmental impact review.  Initial meetings with key legislators have already taken place to educate them about the impacts that poorly-sited single turbines can have on bird and bat populations along the shore of Lake Erie, and ask for their support of revised legislation to address this growing problem.
 
LEEDCo Icebreaker Project
LEEDCo has submitted its revised application for construction of the six turbine offshore demonstration project in Lake Erie to the Ohio Power Siting Board, including the two Memoranda of Understanding (MOUs) which will govern pre-construction, construction, and post-construction monitoring for aquatic/fisheries and avian (birds and bats) impacts of the project.  While the language of the MOUs is not as strong as BSBO had previously been advised, we are hopeful that the terms of those documents will be rigorously enforced by Ohio DNR. BSBO will continue to participate in the application process to ensure, to the extent possible, that environmental impact is given due consideration by OPSB prior to issuance of any sort of permission for the project to begin.

Iberdrola Renewables Litigation
As you may recall, this litigation concerns why bird and bat mortality data collected at the Blue Creek wind farm in west central Ohio should not be considered trade secret information and thus should be disclosed under the Public Records laws of Ohio. Despite a persuasive amicus brief prepared and filed by counsel for the American Bird Conservancy and BSBO, the Court in Franklin County granted Iberdrola’s Motion for Summary Judgement, upholding Iberdrola’s position that it has a right to suppress the mortality data and virtually ignoring the arguments made by ABC and BSBO.  Needless to say, we are deeply disappointed by this decision and are investigating the options for appealing it.  

Bird-Friendly Wind Energy Technology
So far, BSBO’s study of alternative wind turbine technology has disclosed that there is such an investment in the conventional monopole turbine design that the impetus for innovation of more bird-friendly designs is minimal.  The best way to minimize impacts on birds and bats still seems to be ensuring that they are not sited in areas where large numbers of birds and bats congregate or in migratory pathways.  We will continue to monitor advances in turbine design, turbine operation, etc.

Analysis of Timber Road Mortality Data 
Many thanks to BSBO Research Director and Conservation Team member, Mark Shieldcastle and to Conservation Team member and long-time BSBO volunteer, Don Bauman for undertaking a comprehensive and expert review of the EDP Renewables bird and bat mortality data.  Many issues of concern about the data and the methodologies utilized to calculate this data have emerged from this review.  Mark and Don will be preparing a report on their findings in the coming weeks.
may 
BSBO CONSERVATION UPDATE
MAY 2017
by Ken Mauer

While the the 2017 Biggest Week in American Birding is in the record books the BSBO Conservation team hopes that it was a memorable one for you and that you will have the opportunity for other birding adventures this summer!  Our efforts to address a number of wind energy issues of concerns continue and are highlighted in this months update.

Camp Perry Wind Turbine
The legal complaint prepared by counsel for ABC and filed March 27, 2017 to attempt to force the Ohio Air National Guard (OANG) to address serious concerns about the impact of construction of a wind turbine on birds and bats has finally elicited an initial response from counsel for the OANG.  Initial discussions have taken place with counsel for ABC and BSBO.  We will provide additional details as they become available.

LEEDCo Icebreaker Project
As a reminder, a valuable conference call took place on April 27, 2017 with representatives of ODNR, USFWS, BSBO, ABC and National Audubon Society participating.  BSBO learned that ODNR has the primary regulatory authority for determining the content of and the timing of the issuance of two Memoranda of Understanding (MOUs) which LEEDCo must submit to the Ohio Power Siting Board (OPSB) and that those documents will have a legally binding effect on LEEDCo through incorporation into the OPSB Certificate of Operation and the Submerged Land Lease that LEEDCo must obtain.  As of June 12, 2017 the OPSB docket for the Icebreaker Project indicated its status as “on hold” pending the submittal of additional information by LEEDCo.  It is believed that the agreed MOU’s constitute at least part of the information which LEEDCo must provide. (Note:  Please feel free to revise if there is new or other developments on this topic that I am not aware of.)

Iberdrola Renewables Litigation
The amicus (friend of the court) brief prepared by ABC and BSBO detailing why bird and bat mortality data collected at the Blue Creek wind farm in west central Ohio is not trade secret information and thus should be disclosed under the Public Records laws of Ohio has been allowed by the Court, but as expected, counsel for Iberdrola has filed a motion for summary judgement which, if allowed, would essentially end the litigation.  A decision on the Iberdrola motion still has not been issued by the Court as of this writing.

Bird-Friendly Wind Energy Technology
A concerned participant at the 2017 Biggest Week asked a Conservation Team member what BSBO is doing to study and promote alternative wind turbine designs that minimize harm to birds and bats during operation.  As previously reported in these updates, BSBO has had some communication with one manufacturer of wind turbines which it believes does minimize such harm.  The BSBO Conservation team intends, however, to discuss broadening the scope of its investigations to attempt to determine what the “state-of-the-art” is in bird-friendly wind turbines and to further investigate whether those technologies are worthy of support by BSBO and possibly other bird conservation organizations.  We will keep you apprised of developments. 
april 
BSBO CONSERVATION UPDATE
April 2017
by Ken Mauer 

The BSBO Conservation Team has been active addressing events related to mostly ongoing initiatives which we hope will ensure the well-being of birds, bats and their habitats as spring migration approaches.

Camp Perry Wind Turbine

Despite repeated efforts by BSBO and American Bird Conservancy (ABC) to elicit a response from the Ohio Air National Guard on the previously filed Notice of Intent to Sue, no response of any kind was provided.  Accordingly, a legal complaint prepared by counsel for ABC was filed March 27, 2017. Presumably, counsel for the OANG will file at least a minimally responsive answer to avoid being subject to a default judgement.  We will keep you apprised of further developments.

Leedco Icebreaker Project
As previously reported BSBO’s analysis of Leedco’s draft Risk Assessment raises many questions about the validity of the main conclusion of it, i.e. that the risk to birds and bats of building wind turbines 7-8 miles of the shore of Lake Erie near Cleveland is very low.  Significant issues raised by BSBO’s Mark Shieldcastle were incorporated into comments prepared by BSBO and ABC and submitted to the Ohio Power Siting Board as part of the public comment period on the Leedco application to install the aforementioned wind power facility.  Those comments can be found at (Need to provide link).  the BSBO/ABC comments also endorsed a separate comment letter submitted to the OPSB by the National Audubon Society which can be found at (Need to provide link).  The NAS comments also covered isssues of particular importance to that organization.  BSBO, ABC and NAS will continue to collaborate as appropriate on this project. 
It appears that there will be additional time for that collaboration as on April 3, 2017, the OPSB issued a letter to Leedco indicating that its application did not meet the requirements of certain sections of the Ohio revised Code, specifically the requirements to have Memoranda of Understanding signed by the appropriate government agency detailing an agreement on pre-construction, during construction, and post-construction measures to be taken to study and mitigate impacts on fisheries and other aquatic resources, as well as birds and bats.  At such time as those MOUs are in place the OPSB will re-consider the application.  We will continue to closely monitor this project and have input wherever possible.

Great Lakes Restoration Initiative
 Opposition continues to build in many quarters to the almost complete elimination of funding for the Great Lakes Restoration Initiative (GLRI) within the overall budget for USEPA.  The GLRI is a source of funding for many programs devoted to studying and solving the problems of HABs (Hazardous Algae Blooms) in Lake Erie and conserving habitat used by wildlife along the shores of the lake. Of particular note is the longstanding Lake Erie research program headquartered at Stone Labs and administered for decades by The Ohio State University.  BSBO’s Conservation Team prepared a letter to be sent to key state and federal legislators providing what we hope is a valuable perspective on what the elimination of the GLRI funding would have on efforts to conserve birds and bats in the region.
 
Disclosure of Bird and Bat Mortality Data
Iberdrola Renewables Litigation
The amicus (friend of the court) brief prepared by ABC and BSBO detailing why bird and bat mortality data collected at the Blue Creek wind farm in west central Ohio is not trade secret information and thus should be disclosed under the Public Records laws of Ohio has been allowed by the Court, but as expected, counsel for Iberdrola has filed a motion for summary judgement which, if allowed, would essentially end the litigation.  A decision on the Iberdrola motion may occur as early as April 18, 2017.
EDP Renewables-Timber Road Wind Facility
The bird and bat mortality data secured from EDP Renewables through the Ohio Department of Natural Resources was found to be encrypted and so initially not accessible by BSBO.  Communication with ODNR has, with some considerable effort, finally resulted in an understanding of what is needed to access this data.  BSBO plans to work with Dr. Henry Streby at the University of Toledo to undertake a detailed analysis of the data and to apply appropriate statistical techniques to confirm or refute the conclusions reached by EDP’s consultants on the significance of the mortality of birds and bats which have occurred at the Timber Road facility.
Conservation Team at Biggest Week

For those who plan to attend the Biggest Week in American Birding in May 2017, members of the Conservation Team will be available at the BSBO booth to answer your questions and provide additional information on BSBO’s initiatives on wind energy.  We hope to see you there and have a chance to chat in person. 
march 
february 

2016 Updates 

December 2016 
​The BSBO Conservation Team would like to wish you all a happy Holiday Season!  While the Conservation Team also hopes to take a bit of a break,  we will still be diligent in ensuring that we keep abreast of projects that are important to BSBO and to the protection of birds.

The 60-day period for the Air National Guard to respond to the Notice of Intent to Sue filed by the American Bird Conservancy (ABC) and BSBO in connection with the proposed wind turbine at Camp Perry will expire (date). (Kimberly, I do not know when this document was officially filed, do you?) As soon as we know what direction the Air National Guard intends to take we will be consulting with ABC to determine what additional steps might be required.  Best case, the wind turbine at Camp Perry is scrapped for good.

Recently, several members of the Conservation Team, led by Kimberly Kaufman had the opportunity to meet with Ann Longworth-Orr, U.S. Senator Sherrod Brown’s chief aide in NW Ohio, to discuss wind energy and the impacts development of even single wind turbines along the southern shore of Lake Erie could have on birds and bats and the habitats which support them.  A packet of relevant materials detailing some of the recent science and other points for consideration as to why wind energy development along the lake shore was also provided to bolster BSBO’s position. While to date, Senator Brown has been an active supporter of wind energy development in Ohio, the information that was presented to Ms. Longworth-Orr appeared to resonate with her.  She encouraged BSBO to discuss this issue further with Senator Brown’s aide for environmental and renewable energy and with Senator Brown himself and offered to facilitate such discussions.  Hopefully, this effort will start a dialogue which will ensure protection of birds and bats is considered by Senator Brown going forward.

On January 11, members of the Conservation Team will be meeting in Columbus with representatives of EDP Renewables and representatives of the Ohio DNR and Ohio Attorney General to continue discussions in connection with disclosure of bird and bat mortality data related to the Blue Creek wind farm in west central Ohio as requested by BSBO in a Freedom of Information Act request some time ago.  The legal issues surrounding the disclosure of such data to the public continues to pose a major obstacle to many groups to understand the impact of wind turbines on birds and bats even in areas which do not have the large concentrations of them such as occur along the shore of Lake Erie.  We will report the outcome of this meeting in future updates.

Mark Shieldcastle, BSBO Research Director and Conservation Team member recently attended an open house sponsored by the developers of the LEEDCo ICcebreaker project near Cleveland.  The environmental consultant for LEEDCo made presentation which contained much misleading information which was evident to someone with Mark’s expertise.  BSBO and ABC will continue to use all available means to ensure that these egregious errors in estimating the impact of such a project on birds and bats out in Lake Erie are made known.

Finally, members of the Conservation Team had several in-depth discussions with experts on the legislative initiative which BSBO hoped to undertake to change Ohio law to protect Ohio’s biological resources along the shore of Lake Erie from the undesirable impacts of wind energy.  It is fair to say that these conversations were sobering in terms of the political realities of obtaining passage of the desired legislation.  As a result of these discussions and the possible change in the attitude toward the headlong development of wind energy under a Trump administration, we are re-grouping and considering our possible options going forward.  At the very least, we are now aware of several things that we can do to make sure our message is more widely known in Columbus.
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The mission of the Black Swamp Bird Observatory is to inspire the appreciation, enjoyment, 
and conservation of birds and their habitats through research, education, and outreach.


We are located at the entrance of the Magee Marsh Wildlife Area
| 13551 W. State Route 2  |  Oak Harbor, Ohio 43449  |  419.898.4070  |