Showing posts with label Migratory Bird Treaty Act. Show all posts
Showing posts with label Migratory Bird Treaty Act. Show all posts

Friday, June 4, 2010

Oil Spill Bird Issues | Migratory Bird Treaty Act

Oil Spill in Florida may impact birds covered by the Migratory Bird Treaty Act (MBTA 16 U.S.C. 703). Under the federal statute killing of protected species can result in penalties. Section 703 provides: " it shall be unlawful at any time, by any means or in any manner, to ... kill... any migratory bird, any part, nest, or eggs of any such bird ...."

We are researching the impact of the number of birds affected on the potential penalties available to wildlife officials for harming these creatures by spewing oil into their habitat.

Wednesday, June 2, 2010

Criminal Penalties | Oil Spill

Clean Water Act, CWA, Endangered Species Act, Migratory Bird Treaty Act, Oil Pollution Act of 1990, OPA, Penalties
Criminal Penalties are available to Federal Prosecutors for Oil Spills. The United States Code contains several possible laws for prosecutions.

Oil Pollution Act of 1990 OPA
Migratory Bird Treaty Act
Endangered Species Act
Clean Water Act CWA

Two provisions § 1321 of The Clean Water Act and 33 USC § 1251 of the CWA are sections that outline potential liability for oil spills. Fines of $1,000 to $3,000 per barrel can be imposed.

Under section 1321 the President of the United States POTUS has tremendous power. "If a discharge, or a substantial threat of a discharge, of oil or a hazardous substance from a vessel, offshore facility, or onshore facility is of such a size or character as to be a substantial threat to the public health or welfare of the United States (including but not limited to fish, shellfish, wildlife, other natural resources, and the public and private beaches and shorelines of the United States), the President shall direct all Federal, State, and private actions to remove the discharge or to mitigate or prevent the threat of the discharge."