Fish and Wildlife Service Reopens Comment Period on Removing the
Bald Eagle from the Endangered Species Act, Seeks Comment on Management
February 13, 2006
Chris Tollefson, 202/208-5634
Fish and Wildlife Service today proposed voluntary guidelines and a regulatory definition
designed to help landowners and others understand how they can help
ensure that bald eagles continue to be protected consistent with existing
law. The Service also reopened the public comment period on its original
1999 proposal to remove the bald eagle from the federal list of threatened
and endangered species, in order to solicit current information regarding
bald eagle populations and trends and to give the public time to comment
on the proposed delisting in light of the draft voluntary guidelines.
“The recovery of the bald eagle, our national symbol, is also
a great national success story,” said H. Dale Hall, Director
of the U.S. Fish and Wildlife Service. “The actions we take today
reemphasize the management efforts that have proven so successful in
recovering eagle populations. Should the eagle be delisted, we expect
that the public will notice little change in how eagles are managed
Hall noted that when they are delisted from the Endangered Species
Act, bald eagles will continue to be protected by the Bald and Golden
Eagle Protection Act (BGEPA) and the Migratory Bird Treaty Act (MBTA).
Both acts protect bald eagles by prohibiting killing, selling or otherwise
harming eagles, their nests or eggs.
The draft voluntary National Bald Eagle Management Guidelines are not
federal regulations. They are intended to provide information for people
who engage in recreation or land use activities on how to avoid impacts
to eagles prohibited by these two federal laws. The guidelines are
crafted to reflect the current way that federal and state managers
interpret BGEPA and MBTA. For example, the guidelines recommend buffers
around nests when conducting activities that are likely to disturb
bald eagles. These areas serve to screen nesting eagles from noise
and visual distractions caused by human activities.
The Service is also proposing a regulation to clarify the term “disturb” under
BGEPA that is consistent with existing federal and state interpretation. Under
the clarification, “disturb” would be defined as actions that disrupt
the breeding, feeding or sheltering practices of an eagle, causing injury, death
or nest abandonment. This is the standard the Service has used informally over
the years and how states have interpreted the statute. The proposed regulation
defining “disturb” would codify it. This definition will provide
clarity to the public while continuing protection for bald eagles, which will
help ensure an almost seamless transition from ESA listing to delisting.
The bald eagle once ranged throughout every state in the Union except Hawaii.
By 1963, only 417 nesting pairs were found in the lower 48. Since the delisting
proposal in 1999, recovery of the bald eagle has continued to progress at an
impressive rate. In 2000, the last year a national bald eagle census was conducted,
there were an estimated 6471 nesting pairs of bald eagles.
Today this number has risen to an estimated 7,066 nesting pairs, due to recovery
efforts by the Service, other federal agencies, tribes, state and local governments,
conservation organizations, universities, corporations and thousands of individual
Americans. Five regional recovery plans were created for the bald eagle. The
delisting criteria for all five plans were met or exceeded by the year 2000.
If the bald eagle is delisted, the Service will work with state wildlife agencies
to monitor the status of the species for a minimum of five years, as required
by the Endangered Species Act. A draft monitoring plan is expected to be released
for public comment should the species be delisted. If at any time it becomes
evident that the bald eagle again needs the Act’s protection, the Service
will propose to relist the species.
The bald eagle first gained federal protection in 1940, when Congress passed
the predecessor to the Bald Eagle Protection Act. The Act, which was later amended
to include golden eagles, increased public awareness of the bald eagle. Soon
after, populations stabilized or increased in most areas of the country. However,
declines in its numbers during later decades caused the bald eagle to be protected
in 1967 under the federal law preceding the current Endangered Species Act.
The legal protections given the species, along with a crucial decision by the
Environmental Protection Agency to ban the use of the pesticide DDT in 1972,
provided the springboard for the Service and its partners to accelerate the pace
of recovery through captive breeding programs, reintroduction, law enforcement
efforts, protection of habitat around nest sites during the breeding season and
land purchase and preservation.
The success of these efforts resulted in the recovery of the species to the point
that in 1995 its listing status was changed from endangered to threatened in
most states in the continental U.S. – with the exception of Michigan, Minnesota,
Oregon, Washington, and Wisconsin, where it was always designated as threatened.
The species was never listed as threatened or endangered in Alaska.
The Service’s re-opening of the public comment period on the proposed delisting,
the draft National Bald Eagle Management Guidelines and the proposed definition
of term “disturb” will be published in the Federal Register.
- Comments on the proposed delisting, draft National Bald Eagle Management
Guidelines and draft definition of the term “disturb” must be received by May
- Comments on the proposed
delisting should be sent to Michelle Morgan, Chief, Branch of Recovery
and Delisting, Endangered Species Program, U.S. Fish and Wildlife
Service, Headquarters Office, 4401 N. Fairfax Drive, Room 420, Arlington,
Virginia 22203. Comments on the proposed delisting may also be transmitted
electronically at <firstname.lastname@example.org>.
- Comments on the draft National
Bald Eagle Management Guidelines should be sent to Brian Millsap,
Chief, Division of Migratory Bird Management, U.S. Fish and Wildlife
Service, 4401 N. Fairfax Drive, MBSP-4107, Arlington, Virginia 22203.
Comments on the draft guidelines may also be transmitted electronically
- Comments on the draft
definition of the term “disturb” should
be sent to Brian Millsap at the above address. Comments on the definition
of “disturb” may
also be transmitted electronically at <email@example.com>.
comments on any of the above three documents may also be transmitted
electronically at the federal eRulemaking Portal: <http://www.regulations.gov>.
Follow the instructions for submitting comments.
The U.S. Fish and Wildlife Service is the principal federal agency
responsible for conserving, protecting and enhancing fish, wildlife
and plants and their habitats for the continuing benefit of the American
people. The Service manages the 95-million-acre National Wildlife
Refuge System, which encompasses 545 national wildlife refuges, thousands
of small wetlands and other special management areas. It also operates
69 national fish hatcheries, 64 fishery resources offices and 81
field stations. The agency enforces federal wildlife laws, administers the
Endangered Species Act, manages migratory bird populations, restores nationally
significant fisheries, conserves and restores wildlife habitat such as wetlands,
and helps foreign and Native American tribal governments with their conservation
efforts. It also oversees the Federal Assistance program, which distributes
hundreds of millions of dollars in excise taxes on fishing and hunting equipment
to state fish and wildlife agencies.