Cover-up!  Yeah, it’s an understatement and it’s more than a strategy of concealment under the classic definition.  The sad thing about the situation is that I’ve witnessed an ACTUAL owl cover up.  Literally. Active burrows that we have been monitoring since February, one of which safeguarded the results of a successful breeding pair, were covered by erosion control fabric.  But after talking with the developer’s Director of Land Development, I think the destruction of burrows was perpetrated at the behest of ignorance, assumptions and a lack of following proper protocol. And that explains the obvious back peddling and misdirection that unfolded during the conversation.  They know they screwed up. I know they screwed.  But proving that owls, eggs, and young were killed is up to the federal wildlife officials who enforce the protection of migratory birds.  And don’t get me started on the immediate attitude I received from an individual in the City’s Planning Department.  Hmmm, I guess we’re not all on board with preserving nationally and internationally protected and declining species.  I’m only giving them one more chance to change my impression.

But what about the owls?  Well it’s a story that began in February 2010 with a sighting report that we received from a concerned neighbor.  I’ve said it before and will say it again, it’s a Bay Area and California issue that is perpetually rearing its ugly head as burrowing owls return to habitat that remains open while construction activities sit idle.  And over the course of 6 months we watched the owls thrive amongst weeds that eventually reached  a height of 7 feet.  It was an incredible sight to see a species that loves short grasses find their way in towering mustard plants; a testament to their high site fidelity and instinct.  But all that was about to change.

Owl living in burrow by sidewalk and tall grass (before mowing in June)

In the approach of the summer months, land owners and developers felt the squeeze of fire suppression codes and regulations in Contra Costa County.  By the end of June the weeds were mowed, the owls were happy and the first offspring were emerging from their burrows.  Their vision was now completely unimpaired as the invasive plants were reduced to stubble.  Owls utilized the streetlights for perches, fire hydrants for standing guard, and their burrows lined the sidewalk as I have seen hundreds of times before.  It is a partially developed neighborhood that was in need of 30 or so homes to complete the scene.  But a soured economy left the previous developer in bankruptcy and the land open for burrowing owl colonization.

Against all economic odds, construction was ready to roll even though nesting burrowing owls were occupying the site.  As a precursor to construction activities and in an effort to abide by city erosion control regulations, the builder jumped the gun and installed a layer of black landscape fabric before a biological consultant stepped foot on the land.  All burrows that were in an approximate 15-20 foot wide strip along the sidewalks were now effectively sealed.  Any owls and young that retreated to these burrows for safety were trapped inside, and any eggs that littered the nest chamber were forcibly abandoned.  A clear violation of federal and state laws.  To keep things family friendly, let’s just say I was irate, I blamed myself for allowing this possible travesty to occur, and it solidified my desire to continue educating the community and bolstering citizen science.

Burrow by streetlight along sidewalk

Fabric covering burrows

An email to the developer, the city, the U.S. Fish & Wildlife Service, and the California Department of Fish & Game was sent that night to ensure the protection of the remaining owls and young.  It was about 9am the following morning when I received a call from the builder’s Director of Land Development.  It was a lengthy conversation in which I tried to impart a little burrowing owl biology and survey procedures prior to beginning construction.  I got nowhere except being told many times that a biologist had visited the site, they had instituted a better form of erosion prevention, owls were seen at another nearby site they owned, there were no breeding pairs or young, no active burrows under the fabric, the tall grasses meant no owls were living here, and the owls onsite right now just flew in  a few weeks ago.  This was damage control at its best and instead of a white flag a consultant’s survey report was being waved in front of my eyes as if it provided exemption from the destruction of a protected raptor.

However, the surprises continued and the survey that was indeed conducted at the site could best be described as poor.  Perhaps the fabric was hiding all the evidence, but more likely it was the paycheck that concealed the proof that burrowing owls had consistently been residing and rearing young here. 

“No juveniles were observed.  None of the owls in the site exhibited territorial behavior typically exhibited with an active natal burrow.  None of the burrows were surrounded by an abundance of feathers, white-wash, or pellets which would indicate long-term occupancy.  Based on time of year (i.e. late July), behavior of the on-site owls, and lack of an abundance of sign around burrows, these owls may have just recently moved into the site.”

“Near-term commencement of model home construction on lots 22 and 23 would be unlikely to adversely affect the on-site owls, due to the spatial separation of the lots from the occupied burrows.”

Survey Report, July 26, 2010

And by the way, I found it funny (in a disturbing way) that during subsequent visits the whitewash had been removed from portions of the sidewalk next to these “non-existent” owl burrows.  Coincidence?  I could go on and on, but as of right now I am waiting for a response from the USFWS agent assigned to look into this matter.   I will also be sending an official letter, copied to the Planning Department, that advises them of the need to conduct proper surveys prior to the installation of such erosion control measures…amongst other things of course.

Tags: burrowing owl conservation, burrowing owls

This entry was posted by Scott on Thursday, August 26th, 2010 at 1:48 pm and is filed under birds, conservation, Human Threats, Migratory Birds, Owls, Urban sprawl, Wildlife. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.