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Port officials say Fish and Wildlife closed inquiry after Pier 80 osprey report
Summary
Port environmental staff told the Port Commission that a recent report claiming the destruction of an active osprey nest at Pier 80 was incorrect; US Fish and Wildlife closed its inquiry and found no action warranted after interviewing port staff, the port said.
The Port of San Francisco told commissioners on March 26 that a widely circulated report alleging the port destroyed an active osprey nest at Pier 80 was mistaken.
"After interviewing port staff by phone, Fish and Wildlife closed their case early last week and there will be no action against the port by Fish and Wildlife Service," Jay Ack, manager of regulatory and environmental affairs in the portMaritime Department, told the commission. Ack said the nest that drew media attention had been removed months earlier and that crew work this spring removed some sticks lodged on a crane, not an active nest.
Ack outlined how the Migratory Bird Treaty Act (MBTA) applies to nests and described guidance from the U.S. Fish and Wildlife Service that only nests with eggs or juvenile birds are considered active for enforcement purposes. He said the port had consulted Fish and Wildlife and Golden Gate Audubon when it removed last years nest from a container crane and had added deterrents and considered artificial nesting platforms elsewhere to encourage the birds to relocate to nonindustrial sites.
Ack told the commission that media accounts had, in some cases, used photos and video from last year, creating a false impression that the port had just destroyed an active nest. "This erroneous report was then compounded by the media through the use of photos and videos from last year's nesting season," Ack said.
Port staff said the crane was moved within 24 hours of the first new observation of osprey activity this spring and that there was not sufficient time to build a new nest or lay eggs. Ack said port crews will continue deterrence efforts at Pier 80 while monitoring alternative structures at Piers 94 and 96 that may provide safer nesting sites.
Commissioners asked whether the port would pursue artificial nesting platforms and Ack said the port had discussed such options with Golden Gate Audubon and continues to evaluate alternatives.
The commission did not take regulatory action at the meeting. Staff said Fish and Wildlife had indicated the port's actions were consistent with federal guidance and that no enforcement was pending.
