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New Mandates on Heater Treaters
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Office of Law Enforcement
500 Gold Avenue SW, Room 9021
Albuquerque, NM 87102-3118
(505) 248-7889
January 10, 2008
Railroad Commission of Texas
P.O. Box 12967
Austin, Texas 78711
Dear Commissioner:
The purpose of this letter is to advise you of a situation the U.S. Fish & Wildlife Service (Service), Office of Law Enforcement (OLE) has discovered and is addressing related to migratory bird deaths as a result of heater/treater devices commonly used in the oil/gas industry. Recently, the Service has been made aware of a large number of migratory bird deaths caused by heater treaters in the United States.
As you may know, the Service, OLE has taken an active role in trying to reduce the number of migratory bird deaths in Texas in regards to open top brine water disposal tanks and earthen pits. The Service’s goal, when investigating migratory bird mortalities and associated violations is to work with the industry to obtain voluntary compliance in making the oil production facilities safe for migratory birds.
Although, this matter is still currently being investigated, it is the conclusion of the Service that birds enter the treaters through the open stack and become trapped and/or die as a result of gas fumes. Based on the experience of other state agencies the fix is believed to be relatively easy and inexpensive. A mesh screen placed over the vent hole as well as the “breather” hole will prevent the birds from entering and subsequently dying.
The Migratory Bird Treaty Act, Title 16 United States Code 703 states, in pertinent part the “except as permitted by regulations, it shall be unlawful at any time, by any means, or in any manner, to pursue, hunt, take, capture, kill or attempt to take, capture, or kill…any migratory bird, or any part, nest or egg of any such bird. Criminal prosecution of this Federal statute does not require prior knowledge of the law or the violation. The maximum penalty for each violation of the MBTA is fifteen thousand dollars ($15,000) and/or six months imprisonment.
As in the past the Service wishes to work with those involved in the oil and gas industry to remedy this situation. Currently, the Service is proposing to provide a one (1) year grace period which will allow the industry to retrofit all heater treaters and render them harmless to migratory birds. No enforcement action will be taken regarding the “take” of migratory birds by means of those heater treaters until June 15, 2009. This grace period does not apply to those birds which become trapped in oil field pits and tanks.
The Service looks forward to working with the Texas Railroad Commission and the oil and gas industry in solving this problem and protecting the nation’s migratory birds. Please forward a copy of this letter to all field offices as you may deem necessary and to all operators as needed.
Sincerely,
Nicholas Chavez Special Agent in Charge,
Region 2
Office of Law Enforcement
cc: RACs: NM, OK, TX EPA. BLM, USFS State Land Commissions