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Re-Opening the Public Comment Period on the Proposed Rule to Delist the Bald Eagle Under the Endangered Species Act Questions and Answers What is the In 1999, the U.S. Fish and Wildlife Service
proposed to remove the bald eagle from the endangered and threatened species
list due to its population rebound.
The Service has continued to work since then to respond to the comments
received and to determine the best way to manage bald eagles under two other
Federal laws that will continue to protect the species once it is no longer
protected by the Endangered Species Act.
The Service believes that the public should again have the opportunity
to comment on the proposed delisting in light of the subsequent development of the draft voluntary management guidelines
and the proposed regulatory definition of the term “disturb”
under the Bald and Golden Eagle Protection Act, as well as any new
information that may inform this decision. The comment period also extends to
the draft voluntary guidelines and proposed definition as well. Once the draft guidelines
and the proposed definition are finalized and the Service completes a final
review of the science behind the original proposal, the Service will make a
final decision on the delisting of the bald eagle. What is the status of the bald eagle today? The bald eagle is protected as a threatened species
under the Endangered Species Act except in Why is the Fish and Wildlife Service proposing to
remove the bald eagle from the list of threatened and endangered species? The bald eagle population in the lower 48 states
has recovered from a population estimated at 417 nesting pairs in 1963, to a
current population of an estimated 7,066 breeding pairs. The threats to the
species have been reduced; reproductive success has increased to a healthy
level; and the population is growing and distributed across 47 of the lower
48 states ( Why has the Service taken so long to
act on the 1999 delisting proposal? The bald eagle is wide
ranging, with nesting populations in almost every state. Therefore, the Service needs to ensure that
the action it takes is appropriate for the species range-wide. In addition, the eagle has
its own law, the Bald and Golden Eagle Protection Act . Congress passed this law in 1940 to protect
our national symbol. If the species is
removed from the list of threatened and endangered species under the ESA, it
will continue to be managed under the BGEPA throughout its range. It will also be protected under the Migratory
Bird Treaty Act. What are the protections provided by the Bald and
Golden Eagle Protection Act (BGEPA)? The BGEPA prohibits
anyone, without a permit issued by the Secretary of the Interior for very
limited scientific or educational purposes, from “taking” bald
eagles, including their parts, nests, or eggs. The Act imposes criminal and civil
penalties on anyone (including associations, partnerships and corporations)
in the U.S. or within its jurisdiction who, without
a permit, takes, possesses, sells, purchases, barters, offers to sell
or purchase or barter, transports, exports or imports at any time or in any
manner a bald or golden eagle, alive or dead; or any part, nest or egg of
these eagles. The BGEPA defines
“take” to include: pursue, shoot, shoot at, poison, wound, kill,
capture, trap, collect, molest or disturb. What is the definition of “disturb”
under the BGEPA? The Service has proposed
the following draft definition of the term “disturb” under BGEPA
– a definition that is consistent with how resource managers and law
enforcement personnel currently interpret the Act: “To agitate or bother a bald or
golden eagle to the degree that interferes with or interrupts normal
breeding, feeding, or sheltering habits, causing injury, death, or nest
abandonment.” The Service is accepting
comments on this definition during the 90-day public
comment period. What are the
draft National Bald Eagle Management
Guidelines? These voluntary guidelines
are intended to be used in the event the bald eagle is no longer listed as threatened under
the federal Endangered Species Act. They are consistent with current
management practices. If delisted, bald eagles will
still be protected by the Bald and Golden Eagle Protection Act and the
Migratory Bird Treaty Act. The Service
developed the draft guidelines to advise landowners and others how to avoid take of bald eagles and ensure that bald eagles
continue to be protected consistent with existing law. The guidelines
also provide recommended best management practices to provide additional
benefits to bald eagles over and above the recommendations for avoiding
disturbance. What do the guidelines say? The guidelines recommend
buffers around nests when conducting activities that
are likely to disturb bald eagles. The
buffer areas serve to screen nesting eagles from noise and visual
distractions caused by human activities.
Some activities will have only temporary impacts; the guidelines
generally recommend conducting those types of activities outside the nesting
season. If the activity you
plan to undertake is not specifically addressed in the guidelines, the
Service recommends that you follow the recommendations for the most similar
activity, or contact the Service for further guidance. For more details on the guidelines, please see the draft “National Bald Eagle Management Guidelines” at <http://migratorybirds.fws.gov/BaldEagle.htm>. Is it mandatory to follow these guidelines? No, adhering to the guidelines is not mandatory, but it is recommended. Following the guidelines will help people
avoid violating eagle conservation laws. What activities are covered under the guidelines? The guidelines cover a
range of activities including commercial and residential development, outdoor
recreation, and natural resource recovery operations that can interfere with
bald eagles or permanently degrade or destroy critical bald eagle nesting,
roosting and foraging areas. Do the guidelines apply to abandoned nest sites or nest sites that are not being used by bald eagles? Yes, the guidelines apply
to active and inactive nest sites except
those nests which have not been used for five consecutive years and are
considered abandoned. In cases where
seasonal restrictions on activities are recommended, those restrictions can
be lifted around inactive nests once eggs have hatched in the active nests
within that territory. Are the guidelines intended for use in Yes, the guidelines are
applicable throughout the If I am planning a project around a bald eagle nest
site, do I have to consult with the Service? No, you are not required
to contact the Service. However, we encourage you to contact the Service
and your state wildlife agency if you have any
questions about how the guidelines apply to your situation, or if you want
additional information regarding how to protect bald eagles. How can I determine how big a buffer zone should be
around a nest tree? First, consult the
guidelines. Most activities can be
addressed by reviewing the guidelines.
However, because the size and shape
of effective buffer zones can vary depending
on the topography, the tolerance demonstrated by
the eagles in your area, and other ecological characteristics
surrounding the nest site, you may contact
the nearest U.S. Fish and Wildlife Service office to determine the
appropriate size and shape of the buffer zone if you are
uncertain about how to apply the guidelines to your particular situation. Are there more things I can do to help protect bald eagles? 1. Protect and preserve communal roost
sites, potential nest sites, and important foraging areas. Retain mature trees and old growth stands
wherever possible, particularly within ½ mile from water. 2. Avoid potentially disruptive activities and
development in the eagles’ direct flight path between their nest and
roost sites and important foraging areas.
3. Locate long-term and permanent water-dependent
facilities away from important eagle foraging areas. 4. Avoid recreational and commercial
boating and fishing near eagle foraging areas during peak feeding times
(usually early to mid morning and late afternoon), except where eagles have
demonstrated tolerance to such activity.
5. Do not use explosives within ½ mile (or
within 1 mile in open areas) of communal
roosts when eagles are congregating, without prior coordination with the U.S. Fish and Wildlife Service and your State wildlife
agency. 6. Locate aircraft corridors no closer than 1,000 feet
vertical or horizontal distance from communal roost sites. 7. Use pesticides, herbicides, fertilizers, and other
chemicals only in accordance with Federal and State laws and labeled
instructions for their use. 8. Identify and monitor contaminants associated with
hazardous waste sites (legal or illegal), permitted releases, and runoff from
agricultural areas, especially within watersheds where eagles have shown poor
reproduction or where bioaccumulating contaminants
have been documented. These factors
present a risk of contamination to eagles and their food sources. 9. Where nests are blown from trees during storms or
are otherwise destroyed by the elements, continue to protect the site in the
absence of the nest for up to three (3) complete breeding seasons. Many eagles will rebuild the nest and
reoccupy the site. 10. Site wind turbines and high voltage transmission
power lines away from bald eagle communal roost sites to avoid collisions,
where feasible. Bury utility lines
along forested shorelines and roadways in new development projects. 11. Employ industry-accepted measures to prevent birds
from being electrocuted on towers and poles.
12. Where bald eagles are likely to nest in human-made
structures (e.g. cell phone towers) and such use could impede operation or maintenance
of the structures or jeopardize the safety of the eagles, equip the
structures with either (1) devices engineered to discourage bald eagles from
building nests, or (2) nesting platforms that will safely accommodate bald
eagle nests without interfering with structure performance. 13. Immediately cover carcasses of euthanized
animals at landfills to protect eagles from being poisoned. 14. Do not intentionally feed bald eagles. Artificially feeding bald eagles can
disrupt their essential behavioral patterns and put them at increased risk
from power lines, collision with windows and cars, and other mortality
factors. 15. Avoid excessive groundwater pumping and river
diversion that can lead to destruction of nest trees, roosts, and foraging
areas. 16. Use an approved non-toxic shot when hunting migratory
waterfowl, consistent with current hunting regulations. Eagles can be poisoned by elevated levels
of lead after feeding on fish and waterfowl that have ingested lead shot or
carrion killed with lead shot. What will happen to existing permits that cover
“take” of bald eagles if the actions the Service is proposing are
made final? We anticipate that all
existing permits would continue to be honored and in effect if the eagle is delisted and the proposed actions are made final. We hope that during the comment period on
this proposal, the public will specifically comment on issues associated with
incidental take permits issued under Habitat Conservation Plans that include bald
eagles as a covered species. What has contributed to the recovery of the bald
eagle in the lower 48 states? The recovery of the bald
eagle was a national effort. Two
important factors made the recovery of the bald eagle possible, the most
critical being the Federal Government’s ban on the use of DDT in the United States in 1972. Second, the eagle is protected by the
BGEPA, the MBTA and was placed on the list of threatened and endangered
species under the Endangered Species Act.
The ESA listing allowed us to protect habitat for the bald eagle,
including nesting sites and summer and winter roost sites. States, private
landowners and others played a vital role in restoring eagles, including
purchasing and protecting important habitat, reintroducing the bald eagle
back into the wild, and extensive public education efforts. Are total numbers
the only criterion on which removal of the species from the list is based? No. The decision to
reclassify the bald eagle to threatened in 1995 and
the decision to delist, if finalized, are based on
numbers of breeding pairs, population trends, geographic distribution,
reproductive success, habitat protection and an assessment of current threats
and ability to manage them. Did the Service
have a recovery plan for the bald eagle? Yes, the bald eagle population
in the lower 48 states is divided into five recovery regions. These regions are the Since the development
and implementation of the recovery plans, the bald eagle’s population
growth has exceeded most of the goals established in the various plans. Population goals have been met and/or
exceeded in the How does the Service determine whether a species is
recovered? The criteria
spelled out in the recovery plans are used as a yardstick to measure whether
the species is no longer endangered or threatened. But those factors are not the only criteria. The ESA identifies five factors that the
Service must consider to determine if delisting is appropriate: 1. Threats to, or actual
destruction of, the habitat needed by the species; 2. Threats from the
over-use of the species for commercial, recreational, scientific, or
educational purposes; 3. Threats from disease or predation; 4. The amount of
protection provided to the species or its habitat by other laws and regulations;
and 5. Any other natural or
manmade factors affecting the continued existence of the species. The Service determines
whether recovery has been achieved by reviewing the best available scientific
information on whether the threats to the species have been reduced and the
population levels have reached the goals established in its recovery plan. Achievement of the recovery plan=s criteria triggers the Service to
formally re-evaluate the species in terms of these five factors. A species is recovered
when it is no longer in danger of extinction, or likely to become endangered
within the foreseeable future throughout all or a significant portion of its
range, and the threats that led to the species=
listing have been reduced or eliminated.
The bald eagle meets these requirements for removal from the List of
Endangered and Threatened Wildlife. How will we know
that the population will not start to decline without the protections of the
Endangered Species Act? As required by the
Endangered Species Act, the Service will monitor the species in cooperation
with the states for a minimum of five years after delisting in order to
evaluate the population after the protections of the ESA are lifted. If the population declines and the Service determines that the protections of the ESA are needed, the
bald eagle can be relisted. The Service recently completed a pilot
study in cooperation with the U.S. Geological Survey and several states to
determine the best survey methodology for monitoring bald eagles after
delisting. The Service anticipates
that a draft bald eagle monitoring plan will be available for public review
2006. Will bald eagle
habitat be protected once the bald eagle is no longer listed as threatened
under the Endangered Species Act? Other federal laws
that protect our land and water resources, including bald eagle habitat, will
still apply. These include the Clean
Water Act, the Fish and Wildlife Coordination Act, the National Environmental
Policy Act, and others. Many National
Wildlife Refuges and other federal lands are managed to protect habitat for
the bald eagle as well. In addition,
many states, local governments and private interest groups have purchased and
protected lands important as bald eagle habitat. The Service will continue to promote the
preservation of bald eagle habitat through all of these means. Finally, while primarily crafted to prevent
“take” of bald eagles, the National Bald Eagle Management
Guidelines will promote protection of important areas that bald eagles use
for nesting, roosting, and foraging because of the many instances where
degradation of such areas would likely cause bald eagles to be
disturbed. Are there any
remaining threats to the bald eagle? Impacts from
contaminants have been significantly reduced with the ban of DDT, elimination
of lead shot for waterfowl hunting, and restrictions on other harmful
pesticides. Contaminants still do
impact eagles on a more localized basis, but not to the extent that they are
suppressing the overall population increase.
Overall, a predominance of factors leads us to conclude that the bald eagle no longer
meets the definition of threatened or endangered under the ESA, including:
the number of current breeding pairs, the availability of nesting habitat,
the extent to which such habitat is protected, and the adaptability of the
species. What are the protections provided by the Migratory
Bird Treaty Act (MBTA)? Under the MBTA, it is illegal
to pursue, hunt, take, capture, kill, possess, sell, barter, purchase, export,
or import migratory birds, their
parts, nests or eggs, except as permitted by regulation. Take is defined under the MBTA as
“pursue, hunt, shoot, wound, kill, trap, capture, possess, or collect.” The migratory
bird species covered by the MBTA include bald eagles. Where can I get more information on the bald eagle? You may obtain more
information on the bald eagle at our new bald eagle web site and related
links at <http://migratorybirds.fws.gov/BaldEagle.htm Return
to Bald Eagle Page |
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