Submission

Summary of the matter addressed in the submission:

The Submitters allege that the United States Department of Interior – National Park Service, is failing to enforce and proposing to violate: (i) Section 703 of the Migratory Bird Treaty Act (MTBA) 16 U.S.C. 703-712, which prohibits the killing of migratory birds without a permit from the U.S. Fish and Wildlife Service; and (ii) Sections 4 through 10 of the Endangered Species Act of 1973 (ESA), which prohibit the taking of endangered and threatened species, require the protection of such species “whether by protection of habitat and food supply”, and require the designation of “critical habitat”. The Submitters assert that United States Department of Interior – National Park Service is violating both the MTBA and the ESA by proposing to construct a paved, multi-purpose bicycle path through the Jamaica Bay Wildlife Refuge, which is part of the Gateway National Recreational Area, located in Queens, New York. The submitters believe that the construction of this pathway through the Jamaica Bay Wildlife Refuge will destroy critical habitat for endangered and threatened species and will result in the taking of migratory birds (including nests) and will therefore be in violation of both the MTBA and the ESA. The submitters claim that they have recommended to the United States an alternative site for the bicycle path outside the boundary of the refuge, and that there is an existing bicycle path outside the refuge that could be utilized to achieve their goals. They also claim that the alternative proposal to use the existing bicycle path outside the refuge was approved by the Department of Transportation but it was rejected by the National Park Service.

Names and citations of the environmental laws in question:

Migratory Bird Treaty Act and Endangered Species Act.

Submitter(s):

Hudson River Audubon Society of Westchester, Inc. Save Our Sanctuary Committee