The population levels of many North America's migratory birds have declined dramatically throughout the latter half of the 20th century, causing grave concern among land managers and biologists. The explosive growth of the communications tower industry is likely a contributing cause of the continuing decline of many migratory birds. Research and monitoring efforts have indicated that communications towers, particularly towers exceeding 200 feet that are supported by guy wires may be taking a devastating toll on our continent's migratory birds. It is likely that bird mortality due to collisions with towers will only increase in the foreseeable future.

The Migratory Bird Treaty Act (16 U.S.C. 703-712) prohibits the taking, killing, possession, transportation, and importation of migratory birds, their eggs, parts, and nests, except when specifically authorized by the Department of the Interior. While the Act has no provision for allowing unauthorized take, it must be recognized that some birds may be killed at structures such as communications towers even if all reasonable measures to avoid it are implemented. The Fish and Wildlife Service's Division of Law Enforcement carries out its mission to protect migratory birds not only through investigations and enforcement, but also through fostering relationships with individuals and industries that proactively seek to eliminate their impacts on migratory birds. While it is not possible under the Act to absolve individuals or companies from liability if they follow these recommended guidelines, the Division of Law Enforcement and Department of Justice have used enforcement and prosecutorial discretion in the past regarding individuals or companies who have made good faith efforts to avoid the take of migratory birds.

The Fish and Wildlife Service recommendations, which can be found Here, include recommendations that wireless telecommunications providers co-locate new facilities on existing towers or other existing structures whenever possible to limit the amount of airspace and landscape impacted by communications towers. Secondly, the service recommends that self-support (lattice) towers or monopole towers be used instead of guyed towers, as guyed towers have been shown to be more detrimental to birds. The service also recommends that new towers should be limited to 61 meters (200 feet) tall or less whenever feasible.

The Service is requesting that an Environmental Assessment (EA) be prepared for all proposed towers that may pose a hazard to migratory birds. This includes all towers over 61 meters (200 feet) in height proposed in migratory bird concentration areas. The EA should include an analysis of alternatives, including those identified above, and an analysis of the cumulative effects of existing towers in the area.

Tower designs using guy wires for support, which are proposed to be located in known raptor or waterbird concentration areas or daily movement routes, or in major diurnal migratory bird movement routes or stopover sites, should have daytime visual markers on the wires to prevent collisions by these diurnally moving species. (For guidance on markers, see Avian Power Line Interaction Committee (APLIC). 1994. Mitigating Bird Collisions with Power Lines: The State of the Art in 1994. Edison Electric Institute, Washington, D.C., 78 pp, and Avian Power Line Interaction Committee (APLIC). 1996. Suggested Practices for Raptor Protection on Power Lines. Edison Electric Institute/Raptor Research Foundation, Washington, D.C., 128 pp. Copies can be obtained by calling 1-800-334-5453.