dear canuck
thanks for acknowledging 60 degrees of bank (exceeding) as aerobatic...indeed the FAA only speaks of it as requiring a parachute in FAR 91.307
Dear K9...there are countless times I've seen bird formations above 3000 feet, not in either approach or departure. Therefore I do not subscribe to your contention that only in the approach or departure phase could you see and maneuver to avoid birds. Just because it has been beaten into the ground on PPRUNE doesn't make it so. Why not take the time to really look for birds at a distance?
I even remember seeing a small child's balloon (with mickey mouse shape) at FL350 with time to avoid if needed (vicinity of Ontario , California (yes, sort of near, but not that near Disneyland)
AS to my experience:
CFIIMEIATPMEL 737 type rating. I learned to fly in 1975 and am employed by one of the largest airlines in the world as a pilot. Any more would give away my employer's name.
So, polish up your spectacles. And keep your eyes on the sky and not in the engineering books.