Abstract

A US Federal Judge ruled in March 2002 that the US Navy is illegally killing songbirds (in violation of the Migratory Bird Treaty Act) by bombing (for practice) Farallalon de Medinilla, a small Pacific island north of Guam (http://www.biologicaldiversity.org/swcbd/press/military2-20-02.html). The Navy had been dropping 2000-lb bombs and firing missiles and rockets at the island regularly, without any permit from the US Fish and Wildlife Service. In defense of the Navy, US Justice Department lawyers argued that the plaintiffs had suffered insufficient injury because, by killing birds, the Navy was making those birds rarer, and bird-watchers get more pleasure from spotting a rare bird than a common bird. Hence, bird-watchers should be happy with Navy's program for rarifying birds.

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