Bald Eagle
Haliateetus
leucocephalus
Bald
eagles have been the subject of extensive research
centering on human disturbance of all types. Habitat
suitability and cumulative effects analysis recommends the
retention of any tree that has canopy architecture capable
of nesting and roosting by eagles. These models, like most
eagle experts, do not require observations of roosting
eagles based on the very rationale of cumulative effects:
when a favored (obvious) roosting tree falls down, then an
alternate will (must) be used. It is the quality, quantity,
and density of roosting trees that is considered when a
trees are considered for removal (given expected forest
growth and regeneration, etc.).
Briefly, from Washington State Department of
Ecology:
The bald eagle is a threatened species.
Only one in four eaglets survive until adulthood.
Bald eagles need large old shoreline trees for roosting and
nesting.
As old growth shoreline trees are cut down, bald eagles are
losing habitat.
Shoreline Hunter & Scavenger
The eye of a bald eagle is larger than a human eye and four
times more powerful – perfect for zooming in on prey
from a distance. A bald eagle can glide in the air, spot a
fish, and clutch it from the water's surface. A bald eagle
may also take prey from another raptor or feast on dead
salmon on the beach or estuary mud flats.
Bald
Eagles Need Big Trees
Bald eagles often choose large shoreline trees for nesting
– most are over 100 feet tall with broken tops. A
tall Douglas fir, Sitka spruce, western hemlock, or western
red cedar offers an eagle pair a nice view for hunting -
and lots of space for takeoffs, landings and raising an
eagle family.
A current threat to the bald eagle is shoreline development
and the loss of large old trees. Bald eagle nests can weigh
a ton or more. If a nest tree is not large enough to
support the weight, the nest may crash to the ground,
destroying young eagles.
Saving
Bald Eagles & Trees
Bald eagles are attracted to the same places we are –
waterfront with trees and a beautiful view. Along Puget
Sound, 80% of all bald eagle nests are located on private
property. Preserving shoreline trees benefits both
waterfront property owners and bald eagles. Trees help
prevent erosion, absorb water, and provide critical nesting
habitat for threatened bald eagles.
• Tree blocking your
view? Consider a few pruning alternatives.
DETAILED DOCUMENTS
• The main documents for Washington bald eagle
management are Watson and Rodrick (2001), excerpted below,
and its companion status report:
Stinson, D.
W., J. W. Watson, and K. R. McAllister. 2001. Washington
state status report for the bald eagle. Washington Dept.
Fish and Wildlife, Olympia. 92 pp.
• Bald eagle legislation can be found at:
Washington
State Legislature – Laws and Agency Rules
WAC 232-12-292 — Bald Eagle
Protection Rules
• An
example of a homeowners association guide is:
Bald Eagle Protection in Washington
State
This document was prepared by Julie Stofel, WDFW Threatened
and Endangered Species Biologist for Region 4 (Northwest
Washington), as a general response to frequently asked
questions.
Washington
Department of Fish & Wildlife
Priority
Habitat and Species Management
Recommendations
Bald Eagle Haliaeetus
leucocephalus
Prepared by
James W. Watson and Elizabeth A. Rodrick – 2001
Note: In
Washington, landowners who are pursuing land-use changes
(e.g., tree-cutting, construction activities) in the
vicinity of bald eagle nesting or roosting areas may be
required to obtain management plans in order to ensure
their new land-use activities comply with bald eagle
protection laws. Washington Department of Fish and Wildlife
(WDFW) biologists are available to help landowners develop
these management plans.
KEY
POINTS
Habitat
Requirements
Breeding - Bald eagles breed in uneven-aged forest stands
along shorelines where there is minimal human activity.
Nest trees are usually large, and are dominant or
co-dominant within the overstory.
Roosting - Bald eagles roost in uneven-aged forest stands
with large trees that provide protection from weather.
Roosts are often on leeward-facing hillsides or in valleys.
Perching - Tall trees and snags along shorelines provide
perching habitat for bald eagles.
Feeding - An adequate source of uncontaminated prey is
required for bald eagles. Salmon, gulls, and waterfowl are
major components of the bald eagle’s diet.
State
and Federal Laws
Three federal laws provide protection for the bald eagle:
the Endangered Species Act, the Bald and Golden Eagle
Protection Act, and the Migratory Bird Treaty Act. The U.S.
Fish and Wildlife Service Pacific Bald Eagle Recovery Plan
(1986) includes recommendations for managing habitat and
human disturbance. Projects involving federal permits that
may affect bald eagle habitat must be reviewed by the U.S.
Fish and Wildlife Service. Contact the nearest U.S. Fish
and Wildlife Service office for management consultation on
federally-funded projects.
Through the Bald Eagle Protection Rule (WAC 232-12-292),
Washington State law requires the development of a
cooperative Site Management Plan whenever activities that
alter habitat are proposed near a verified bald eagle nest
territory or communal roost.
Elements
Addressed by Bald Eagle Management Plans
The habitat management zone for nesting bald eagles is
within 400 m (1/4 mi) of the marine shorelines of
Washington’s outer coast and Puget Sound, and the
shorelines of major rivers and lakes.
Maintain as many mature trees as possible to protect
forage, perch, alternate nest, and roost habitat.
WDFW recommends scrutiny of construction activities that
result in increased pedestrian activity within 240 m (800
ft) of nests, as well as careful management of public
trails and camping within this distance (Watson and Pierce
1998).
Avoid activities such as tree cutting, the use of heavy
machinery, pile driving, and blasting
within 240 m (800ft) of bald eagle nests during the
breeding season.
Maintain high tree density and moderate canopy closure to
visually buffer bald eagle nests from human activities.
A buffer of 120-240 m (400-800 ft) from the nest should be
maintained to protect the core stand from the effects of
windthrow. The shape of the buffer may vary with site
topography and prevailing wind direction to maximize
vegetative screening and protection of the core stand.
Nests and nest trees must be protected because bald eagles
typically use and maintain the same nests year after year.
In addition, nests that appear to be unoccupied also need
protection, because bald eagles often construct alternate
nests that are used periodically.
Buffer bald eagle nests with a two-zone management system,
consisting of a protected zone $120 m (400 ft) from the
nest tree and a conditioned zone that extends from 100 to
240 m (330-800 ft) beyond the edge of the protected zone.
The size and shape of each zone will depend on screening
vegetation, prevailing winds, topography, and the
sensitivity of the nesting eagles to human activities.
Large trees (>20 in dbh) should be retained in both
zones.
Protect core communal roost stands and staging stands with
a buffer of approximately 120 m (400 ft) around core
stands. The forest structure of buffer stands should
include large trees and follow prescriptions to prevent
deterioration from the effects of windthrow.
Activities that produce noise or visual effects within 120
m (400 ft) of the edges of communal roost trees or staging
trees should be conducted outside of the critical roosting
period (November 15 - March 15).
Leave 250 ft wide strips of perch trees and protective
buffers along shorelines within eagle nesting territories
and winter feeding areas.
Consider timing restrictions to avoid activities that may
disturb eagles during critical periods. The following
periods and distances may be less in urbanizing areas where
eagles show more tolerance to human activities:
Breeding: 1 January -31 August within 800 ft of nest trees
Wintering: 15 November-15 March within 400 ft of roost
stands
In foraging areas with little or no screening, bald eagles
that are feeding should be allowed at least 450 m (1500 ft)
from human activity and permanent structures.
Perch trees and potential foraging perches >51 cm (20
in) dbh and <75 m (246 ft) from the top of a bank or
shore should be protected.
[below are excerpts from full document]
STATUS
AND RATIONALE
Washington's bald eagles are protected under state and
federal law. State wildlife laws afford protection for
individual birds, and the Washington Shoreline Management
Act provides for some tree retention within 61 m (200 ft)
of the shorelines of rivers and marine waters. However, the
main protection for eagle habitat was authorized by the
Washington State Legislature in 1984 (RCW 77.12.655:
Habitat buffer zones for bald eagles -Rules). In addition,
the Bald Eagle Habitat Protection Rule (WAC 232-12-292) was
adopted in 1986 by the Washington Fish and Wildlife
Commission. This rule provides for development of a Site
Management Plan whenever activities that alter habitat are
proposed near a verified nest territory or communal roost.
Site Management Plans may be based on general
recommendations from current research, or specific
knowledge of individual eagles and their habitat, the
surrounding land uses, and landowner goals (Stinson et al.
2001).
HABITAT
REQUIREMENTS
Breeding –
Breeding Territories
Eagles defend breeding territories that include the active
nest, alternate nests, preferred feeding sites, and perch
and roost trees (Stalmaster 1987). Within a territory,
snags and trees with exposed lateral limbs or dead tops are
used as perches, roosts, and defense stations (U.S. Fish
and Wildlife Service 1986). In Washington, breeding
territories include upland woodlands and lowland riparian
stands with a mature conifer or hardwood component (Grubb
1976, Garrett et al. 1993, Watson and Pierce 1998).
Territory size and configuration are influenced by factors
such as breeding density (Gerrard and Bortolotti 1988),
quality of foraging habitat, and the availability of prey
(Watson and Pierce 1998).
Territories sometimes contain alternate nests. Grubb (1980)
found that alternate nest trees in territories of
Washington eagles were located an average of 350 m (1,050
ft) from occupied nests. Although it is unclear why bald
eagles construct alternate nests, they may facilitate
successful reproduction if the primary nest is disturbed or
destroyed.
The three main factors affecting the distribution of nests
and territories are: 1) nearness of water and the
availability of food; 2) the availability of suitable
nesting, perching, and roosting trees; and 3) the number of
breeding-age eagles in the area (Stalmaster 1987). An
adequate, uncontaminated food source may be the most
critical component of breeding habitat for bald eagles
(U.S. Fish and Wildlife Service 1986, Stalmaster 1987).
Breeding eagles in Washington primarily consume live or
dead marine and fresh-water fishes, and also waterfowl and
seabirds. Secondary food sources include mammals, molluscs,
and crustaceans (Retfalvi 1970, Knight et al. 1990, Watson
et al. 1991, Watson and Pierce 1998).
Grubb (1980) found an average territory radius of 2.5 km
(1.6 mi.) in western Washington. Home ranges of 50 pairs of
bald eagles throughout Puget Sound averaged 6.8 km2 (4.2
mi2) (Watson and Pierce 1998). Ranges included areas
occupied during occasional excursions beyond defended
territories. Core areas of intense use averaged 1.5 km2
(0.9 mi2) in size. On the lower Columbia River, the mean
home range size and minimum distance between eagle nests
was 22 km2 (13.6 mi2) and 7.1 km (4.4 mi), respectively
(Garrett et al. 1993). The distance eagles maintain between
adjacent, occupied territories may be important for
maintaining their productivity when food resources are
limited (Anthony et al. 1994).
Wintering
–
Day Perches and Roosting Habitat
Wintering eagles select day perches according to their
proximity to food sources (Steenhof et al. 1980). Perch
trees tend to be the tallest available, and eagles will
consistently use their preferred branches. A variety of
tree species, both alive and dead, are used for perching
(Stalmaster 1976).
Bald eagles may roost communally in winter, with three or
more eagles perching consecutive nights in the same trees.
Communal roosting probably enhances food-finding in nearby
foraging areas (Knight and Knight 1984). Eagles sometimes
gather in staging trees located between feeding grounds and
roost trees prior to entering the night roost (Hansen et
al. 1980, Anthony et at. 1982, Stalmaster 1987).
Because bald eagles leave little permanent sign of their
presence after they depart wintering areas, emphasis in
Washington state has been given to identifying the
locations and describing characteristics of communal roosts
during winter (Hansen 1977, Hansen et al. 1980, Keister
1981, Knight et al. 1983, Stellini 1987, Watson and Pierce
1998). Key roost components include core roost stands,
buffer trees, flight corridors and staging trees, and
foraging areas associated with roosts (Stalmaster 1987).
Roost tree species vary with geographic area, but communal
roost stands are generally uneven-aged with a multi-layered
canopy, often on leeward-facing hillsides or in valleys.
Such characteristics create favorable microclimates within
roosts that promote energy conservation (Hansen et al.
1980, Keister 1981, Stalmaster and Gessaman 1984, Stellini
1987). Watson and Pierce (1998) documented twenty-six
roosts on major tributaries of Puget Sound and found that
eagle territories averaged 9 ha (22 ac) in size, were
located <1.1 km (0.7 mi) from foraging areas, and
contained roost trees that were larger in diameter, taller,
and more decadent than random trees.
LIMITING
FACTORS
Activities that permanently alter bald eagle habitat (e.g.,
removal of nest, roost, and perch trees, and removal of
buffers without regeneration of trees of adequate size and
structure), and activities that temporarily disturb eagles
to the point of reproductive failure or reduced vigor
(e.g., construction, logging, pedestrian activity, boating)
are the greatest threats to nesting and wintering eagle
populations in Washington state. Food availability may also
be an issue in areas with dwindling salmon runs (Stinson et
al. 2001). As Washington’s human population grows,
these types of disturbances and changes to the landscape
will also increase. The current availability of large,
mature trees along shorelines, and the availability of
these trees in the future, will play a primary role in
determining how bald eagles will ultimately fare in
Washington (Stinson et al. 2001).
Disturbance
Activities associated with timber harvest, and the
construction and occupation of homes have the greatest
potential to disturb nesting and wintering bald eagles in
Washington. These activities cause short- and long-term
increases in human activities which may result in long-term
habitat alterations.
Watson and Pierce (1998) found that pedestrian activity was
the most common human activity within 400 meters (1,300 ft)
of 37 eagle nests in western Washington. Along with
aircraft, pedestrian activities cause the highest active
disturbance responses in bald eagles (Stinson et al. 2001).
Research from across the United States shows that
pedestrian activities tend to affect eagle behavior at
distances up to 991 m (3250 ft) from nests (Fraser et al.
1985, Grub and King 1991, Grubb et al. 1992, Steidl 1994).
Watson and Pierce (1998) found that pedestrian activity
increased eagles’ flush and agitation responses at
<120 m (394 ft), and reduced incubation time at <200
m (656 ft). Similarly, vehicles and pedestrians elicited
the highest responses from eagles in Michigan, although
aircraft- and aquatic-related activities were more common
(Grubb et al. 1992).
Activities such as boating, fishing, and aircraft can
negatively affect eagle behavior. Foraging eagles on the
Columbia River estuary maintained an average distance of
400 m (1,300 ft) from stationary boats, and they responded
to boat presence by reducing feeding time and the number of
foraging attempts (McGarigal et al. 1991). Aircraft may
disturb nesting eagles depending on the aircraft type
(e.g., helicopter, fixed-wing, jet) and the distances of
approach to nests (Watson 1993). Flights of non-motorized
hang gliders required buffers of 366 m (1,200 ft) to avoid
disturbing nesting eagles in southwest Washington (D.
Anderson, personal communication). However, Watson et al.
(1996) found that low levels of clam harvest activity by
boats on Hood Canal was unlikely to affect foraging eagles.
Many studies have characterized nest site selection for
bald eagles and identified the detrimental effects of
habitat alteration on eagle nesting (Juenemann 1973, Andrew
and Mosher 1982, Anthony and Isaacs 1989, Buehler et al.
1991). Fewer studies, however, have defined specific
distances to which nesting bald eagles responded to habitat
alterations associated with residential development, and
their conclusions are varied. Grubb (1980) and Parson
(1992) reported average distances of 119 m (390 ft) and 93
m (305 ft) respectively, between productive bald eagle
nests and habitat alterations in rural-residential
Washington. Grubb (1980) also reported an average distance
of 73 m (240 ft) between unproductive bald eagle nests and
permanent human activity.
A literature review on how noise impacts raptors (Knight
and Gutzwiller 1995) found that raptor responses vary, and
can include attraction, tolerance, or aversion to the
noise. Effects of noise on bald eagles from residential and
recreational activities have not been thoroughly studied.
Noise produced by pile driving was considered
inconsequential to eagle behavior beyond 400 m (1,300 ft)
in the San Juan Islands (Bottorff et al. 1987).
BALD
EAGLE SITE MANAGEMENT PLANS
Process
for Landowners
Landowners planning new construction of buildings, roads,
or docks; septic installation; timber harvest; land
conversion; pesticide or other chemical applications;
blasting activities in the vicinity of bald eagle nest or
roost sites will be required to obtain a permit and/or a
bald eagle site management plan. Most permits are available
through county offices, though forest practice activities
must be approved by the Department of Natural Resources
(DNR). Washington counties and DNR obtain bald eagle nest
and roost site information from WDFW. For county permits,
if the proposed activity is further than 122 m (400 ft)
from the nest or roost, the county provides the landowner
with WDFW’s general conditions for bald eagle habitat
protection. This is a generic plan that is signed by the
landowner and attached to the permit. If the proposed
activity is within 122m (400 ft) of a nest or roost, or if
the landowner cannot comply with the conditions on the WDFW
generic plan, they should contact the appropriate WDFW
Regional Office to request a site-specific management plan.
A WDFW biologist will discuss development plans and options
to protect eagle habitat with the landowner. Once WDFW
approves a management plan for the site, it is attached to
the permit issued by the county.
For proposed forest practice activities less than 800 m
(0.5 miles) from a bald eagle nest or roost, DNR may ask
the landowner to obtain a bald eagle site management plan.
WDFW will determine and document whether or not a proposed
activity is a conflict to eagles. If a management plan is
needed, a WDFW biologist will consult with the landowner to
discuss development plans and options to protect eagle
habitat. Once WDFW approves a management plan for the site
or determines that the land use will not impact the eagles,
DNR will process the forest practice application.
Elements
Addressed by Bald Eagle Management Plans
Perching and Foraging Habitat
Perches along shorelines near winter roosts or in nesting
territories are important to foraging eagles. Tree
structure, and the distance between habitat alterations and
shorelines should be considered when managing for bald
eagle wintering habitat.
Perch
Structure and Location. In
Washington, protect known bald eagle perch trees and
potential foraging perches greater than 51 cm (20 in) dbh
and within 75 m (246 ft) of the top of a bank or shoreline.
Chandler et al. (1995) studied the influence of shoreline
perch trees on bald eagle distribution in Chesapeake Bay
and found that shoreline segments used by eagles had more
suitable perch trees, more forest cover, and fewer
buildings than unused segments. Eagles used suitable perch
trees that were less than 50 m (164 ft) from the shoreline
but preferred those closer than 10 m (33 ft). This is
consistent with other authors who observed bald eagles
perching less than 50 m (164 ft) from shore (Stalmaster and
Newman 1979, Steenhof et al. 1980, Buehler et al. 1992).
Similarly, tall perch trees in leave strips that are 50-100
m (160-330 ft) wide along shorelines of major feeding areas
were deemed important for foraging eagles (Stalmaster
1987). Also, Chandler et al. (1995) described how to map
shoreline areas that could be managed or restored to
maintain suitable bald eagle foraging habitat. They
recommended protecting patches of shoreline forest, and
specifically protecting live and dead trees over 20 cm (8
in) dbh for future habitat.
Human
Disturbance. Bald eagles
often feed on the ground, in open areas where food
resources are concentrated. They should be allowed a
distance of at least a 450 m (1,500 ft) from human activity
and permanent structures. Buffer zones of 250-300 m (800
ft-1,000 ft) have been recommended in perching areas where
little screening cover is present (Stalmaster and Newman
1978). Stalmaster and Newman (1979) found that 50% of
wintering eagles in open areas flushed at 150 m (500 ft)
but 98% would tolerate human activities at 300 m (1,000
ft). Activities that disturb eagles while feeding,
especially during winter, can cause them to expend more
energy, which increases their susceptibility to disease and
poor health (Stalmaster 1987).
Washington
State Department of Fish and Wildlife
Washington
State Status Report for the Bald Eagle
Prepared by
D. W. Stinson, J. W. Watson, and K. R. McAllister –
2001
EXECUTIVE SUMMARY
The early summer population of bald eagles when white
settlers first arrived in Washington may have been around
6,500. Persecution, the cutting of forests, commercial
exploitation of salmon runs, and finally the use of DDT
reduced the state's population to only 105 known breeding
pairs by 1980. Loss of wetlands, contamination of
estuaries, and declines in water quality also probably have
reduced the carrying capacity for eagles. The erection of
>1,000 dams and the introduction of warm water fishes,
however, has likely added nesting and wintering sites and
produced changes in local distribution and abundance of
eagles. The population has recovered dramatically with the
ban on DDT use after 1972 and increased protection for
eagles and eagle habitat. In the past 20 years, the
population of nesting bald eagles grew about 10% per year
as eagles reoccupied habitat. Based on a model, the
population is predicted to reach carrying capacity at about
733 nesting pairs. In 1998, there were 664 occupied nests,
and there are some indications that the population has
reached carrying capacity in parts of western Washington.
The population may still be increasing in northeastern
Washington and along some western Washington rivers. Though
the nesting habitat may be saturated around Puget Sound and
other marine coasts, the total late spring/early summer
population may continue to grow with an increase in the
pool of non-breeding adults until all available food
resources are exploited. If there is no decline in the
number of nest sites, productivity, or survival, the
population may stabilize around 4,400.
Comprehensive, statewide surveys of wintering eagles in
Washington from 1982-89 counted 1,000-3,000 eagles in the
state. The increasing trends in those surveys and in
resident breeding birds predict a population of 3,200
winter visitors and a total winter population of about
4,500 bald eagles in Washington in the year 2000; this
assumes that winter carrying capacity limits have not been
reached. Statewide winter counts have not been conducted in
recent years, and the carrying capacity is unknown. The
number of resident breeders, and trends in localized winter
counts suggest that Washington hosts perhaps 3,500 –
4,000 bald eagles each winter. Up to 80% of the eagles seen
in mid-winter in Washington consists of migrants, largely
from the Canadian provinces and Alaska. Wintering eagles
will most benefit from protection of salmon runs and
communal roosts, and managing human disturbance at eagle
concentration areas.
Almost no late seral forest remains in the lowlands around
Puget Sound, and eagles nest in small patches of residual
large trees and second growth. The large trees along
shorelines used by eagles are a diminishing resource, as
more and more shoreline is dedicated to residential
development. Only 1% of the Puget Sound Douglas-fir Zone is
found on lands dedicated to the conservation of
biodiversity. Conservation of bald eagle nesting habitat is
difficult because 80% of the land within 1/2 mile of shores
is privately owned, and contains desirable view property.
Two thirds of the aggregate land within eagle territories
and two thirds of eagle nests are on private lands. The
state bald eagle protection rule (WAC 232-12-292) requires
a management plan for development, forest practices, or
potentially disturbing activities on state and private
lands near eagle nests and roosts. Over 1,200 management
plans have been signed by Washington landowners since 1986.
There are indications that some eagles in Washington, and
other states, have become fairly tolerant of human activity
near nests. Most eagles, particularly those in rural areas,
remain rather sensitive to disturbance during nesting.
The U.S. Fish and Wildlife Service is expected to remove
the bald eagle from the federal list of threatened and
endangered species in 2001. Bald eagles will still be
protected by the Bald and Golden Eagle Protection Act and
the Migratory Bird Treaty Act. The Bald and Golden Eagle
Protection Act also prohibits disturbance or molesting of
eagles. Despite state and federal protection, a large
percentage of fatalities of adult bald eagles have human
related causes, including shooting, poisoning, vehicle
collisions, and electrocution, and a black market trade in
eagle feathers and parts still exists.
Although the breeding population of bald eagles in
Washington has increased dramatically in the past 20 years,
two thirds of nests are on private lands. Only about 10% of
eagle nests are on lands where their habitat values could
be considered secure in the absence of habitat protection
rules. Land near shores is highly desirable for residential
development and the human population of Washington is
expected to increase by 2 million to 7.7 million in the
next 20 years, and double to 11 million by 2050. Forest
near shores is rapidly being cleared, and the needs of
eagles and desires of humans are increasingly in conflict.
Without protections of nesting and roosting habitat, the
bald eagle could again decline dramatically and require
re-listing as threatened or endangered in the state. For
these reasons we recommend that the bald eagle be
down-listed to sensitive, but not de-listed, in the State
of Washington, and that the bald eagle protection rule be
amended to apply to a Sensitive species.
Bald Eagle Protection In Washington
State
This
document was prepared by Julie Stofel, WDFW Threatened and
Endangered Species Biologist for Region 4 (Northwest
Washington), as a general response to frequently asked
questions.
Bald eagles are
protected by both state and federal law. This section
covers state law, which addresses bald eagle habitat
protection. Federal law, which addresses both nest tree
protection and protection from harassment, is discussed
further under "Harassment of Eagles", below. Bald eagles
are currently (2003) listed as Threatened under the Federal
Endangered Species Act. Bald eagles were proposed for
downlisting to Monitor (removed from the endangered species
list) in 1999. That action has not been taken, in part
because one prerequisite for downlisting, a nationwide
monitoring plan, has not yet been met. However, the
downlisting proposal was re-announced in June 2004, with
the expectation that downlisting will proceed in the near
future. The United States Fish and Wildlife Service has
provided draft recommendations for review by state wildlife
agencies. These draft recommendations will be released
later for public comment. The change in federal endangered
species status will affect primarily federal permits, such
as Army Corps of Engineers permits for activities within
bodies of water.
In 1984, RCW 77.12.655 was passed by the Washington State
Legislature. This law requires the establishment of rules
defining buffer zones around bald eagle nest and roost
sites. The law states that the rules shall take into
account the need for variation of the extent of the zone
from case to case. In 1986, the Bald Eagle Protection
Rules, WAC 232-12-292, were established by the Washington
State Wildlife Commission.
Bald
Eagle Management Plans
When people
apply for timber harvest permits, building permits, or
other permits needed to develop land, the permitting agency
(Department of Natural Resources [DNR] for timber harvest
and clearing permits; county or city permit center for
clearing and building permits) reviews the database of bald
eagle nest and communal roost locations. If the activity is
within ½ mile of an eagle nest, the permitting agency
notifies WDFW, who will work with the landowner to develop
a Bald Eagle Management Plan (see WAC 232-12-292, section
4.4). This plan will not prevent the landowner from having
reasonable use of the property, but it will ensure that
development will have the least impact possible on the
eagles and their habitat. There are no specific
requirements established by the enabling language of the
rule, but to ensure consistency across landowners, WDFW has
established basic guidelines. The bald eagle
management plan guidelines have changed significantly since
the bald eagle management planning process was begun in
1986. These changes reflect the increasing population of
eagles, the apparent increasing tolerance of at least some
eagle pairs, and WDFW's interest in accommodating landowner
goals and reducing landowner burdens while minimizing
impacts on critical eagle habitat. The guidelines discussed
below were developed in December, 2001.
The
Standard Bald Eagle Management Plan
(also known as the County Short Plan)
For activities
that are within 800 ft of an eagle nest, but not within 400
ft of the eagle nest, and for activities that are within
250 ft of the shoreline and within ½ mile of an eagle nest,
but not within 400 ft of an eagle nest, the following basic
conditions are applied:
1. Retain all known perch trees and all conifers greater
than or equal to 24 inches diameter at breast height (24"
dbh, measured at 4 ½ ft above the ground).
2. Retain all cottonwoods greater than or equal to 20" dbh,
in counties where cottonwood nests occur.
3. Retain at least 50% of pre-clearing or pre-construction
conifer stand with diameter distributions representative of
the original stand (>6 feet tall).
4. Windowing and low limbing of trees is acceptable
provided no more than 30% of the live crown is removed.
Topping of trees is not allowed.
The conditions listed above are part of what is called the
"Standard Short Plan". It is pre-approved by WDFW for
activities that do not require a DNR permit (forest
practice application). It is available from the county or
city permit desk for parcels and activities that meet the
distance definitions. No site visit by WDFW is necessary in
these cases. There is no cost to the Bald Eagle Management
Plan.
The
Site-Specific Bald Eagle Management Plan
For activities
that are within 400 ft of an eagle nest, a site-specific
plan is required. A site-specific plan may also be
requested by any landowner who feels that the conditions of
the Standard Short Plan cannot be met. A site-specific plan
is also required for any forest practice activity that is
within ½ mile of an eagle nest (but see "No Conditions
Plan", below). A site-specific plan is also required for
any activity within ¼ mile of a bald eagle communal roost.
There is no cost to the site-specific plan, but it is more
time consuming to obtain. Typically, a site-specific plan
can be obtained in 2-6 weeks, depending on the complexity.
To request a site-specific bald eagle management plan,
provide the following information to the WDFW bald eagle
biologist for your area:
1. Landowner name, mailing address, telephone number, and
email address
2. Requestor's name, mailing address, telephone number, and
email address (if different from above)
3. County in which the activity will occur
4. Parcel number
5. Site address of parcel (if available)
6. Parcel map (available from county) or Forest Practice
Base Map (available from DNR) showing the parcel/activity
area and the Township, Range, Section, and Quarter Section
7. A site map showing the activity:
For forest practice activities, the timber harvest boundary
and buffer boundaries must be marked, with the location of
the eagle nest shown.
For subdivisions and short plats, include the plat map and
show the location of the eagle nest, and the location of
currently forested areas.
For building permit applications, show the location of the
eagle nest, and the locations of conifer trees greater than
or equal to 24" dbh that will be affected by the activity.
Also show the locations of conifer trees greater than or
equal to 24" dbh that will be protected and retained. Show
the proposed locations of house, driveway, garage, septic,
and any other clearing activity
Note: if you do not know the location of the eagle nest,
contact the WDFW bald eagle biologist for your area.
Once the biologist has received the above information, you
will be contacted to arrange a site visit. A site visit is
required for activities within 400 ft of a nest site. A
site visit may not be required for site-specific plans that
amend the Standard Plan for sites over 400 ft from a nest
site.
The
"No Conditions" Bald Eagle Management Plan
Forest Practice
Rules (WAC 222-16-080 6e) require a bald eagle management
plan for activities within ½ mile of and eagle nests or ¼
mile of an eagle roost. In many cases, however, WDFW does
not require conditions, because the activity is not within
250 ft of the shoreline and is not within 800 ft of the
nest. In these cases, WDFW provides the landowner with a
plan that explains why no conditions are needed.
The
Communal Roost Bald Eagle Management Plan
Bald eagle
communal night roosts are important winter habitat. Eagles
use night roosts as protection from inclement weather and
temperature extremes. Night roosts may also serve important
social functions. Winter night roosts are generally
associated with large, salmon-bearing rivers, although
there are some associated with coastal foraging areas.
Night roosts are usually on forested slopes, up to 5 miles
from the foraging areas. The combination of topography and
trees provides the microclimate that is important to
roosting eagles. For the purpose of inclusion in the WDFW
database of protected sites, a roost is defined as a tree
or a group of trees in which at least 3 eagles roost for at
least 2 nights and during more than one year. The
definition refers to at least 3 eagles to differentiate the
communal roost from a perch used by a territorial pair of
eagles. Site-specific Bald Eagle Management Plans are
required for activities within ¼ mile of communal night
roosts. Activities within ¼ mile of eagle roosts are
restricted in the winter, generally from Nov 1 to Feb 15,
although this may be modified (shortened) for roosts with
known activity periods that do not extend through the
entire winter season. Leave tree buffers are also required,
although the buffer distance varies with the conditions of
the site. Timber harvest within communal night roosts is
not permitted.
How
Long Are Eagle Management Plans Good For?
Bald eagle
management plans apply to the landowner who signs the plan.
Since eagles return to the same traditional use areas each
year, the conditions of the plan apply indefinitely, unless
a breeding territory has been unoccupied for 5 consecutive
years. In many cases, there are several nests per
territory, but only one nest is occupied at a given time.
Territories are generally occupied year after year,
although it is not unusual for a territory to be unoccupied
for one or several years at a time. In two recent examples,
a nest tree that was last occupied in 1996 was reoccupied
in 2003 (#898: nest present for 6 years without eagle
occupancy), and another (#935) was reoccupied in 2002 after
having last been occupied in the late 1980's. When
unrepaired by eagles, the nest structure can blow out of a
tree in winter storms. As long as the tree is undamaged and
capable of supporting a new nest, however, the tree is
protected as an "active" nest site until a nest has
remained unbuilt for 5 years. As an example of how the 5
year guideline is applied on the territory level, consider
a bald eagle territory with 3 nest trees. All nest trees
are protected unless it has been documented that all three
nest trees have been unoccupied (no nest structure) for 5
years.
As of 1998, WDFW no longer conducts annual nest surveys.
The last complete statewide survey was conducted in 2001.
Documenting absence for a period of 5 years may become the
responsibility of the landowner. Nest sites are removed
from the list of "active" sites when the tree falls down or
breaks in such a way as to prevent the construction of a
new nest.
How
Do I Find Out What Kind of Plan I Need?
Your county
planning or permit desk can tell you whether you need a
bald eagle management plan, and if you can use the standard
(short) plan. The Department of Natural Resources will
direct you to the WDFW bald eagle biologist for your area.
In all cases, you can request a site-specific bald eagle
plan from the WDFW bald eagle biologist for your area.
Timing
of Logging or Construction
The Bald Eagle
Management Plan is focused on maintaining habitat (nest
trees, perch trees, and associated screening trees). As of
December 2001, WDFW recommends but does not require that
construction or logging activities take place during the
least sensitive times periods for eagles.
Eagles are most sensitive to disturbance Feb 1 - April 15.
They are establishing territories and beginning incubation
at this time. The chicks typically hatch in mid to late
April. Once the chicks have hatched, the adults are less
likely to abandon as a result of disturbance. The chicks
are able to thermoregulate and feed themselves by late
April to early May, so are more easily able to survive
periods when the adult is off the nest due to temporary
disturbance. The young typically fledge (leave the nest) in
mid July. At that time, just before fledging, they are
vulnerable and can be frightened off the nest before they
are able to fly. Therefore, we hope that landowners will
take the following approximate schedule into account as
much as possible: Feb 1 - May 1, more sensitive; May 1-July
1, less sensitive; July 1-July 15, more sensitive; July 15
- Jan 31, least sensitive.
Harassment
of Eagles
Deliberate harassment of eagles is prohibited by law. The
relevant State law is RCW 77.15.130 (regarding harm of
protected wildlife). The relevant Federal laws are: USC
Title 16 Chapter 5A Subchapter II Section 668 (Bald and
Golden Eagle Protection Rule, which primarily addresses
physical possession of live or dead birds or nests or
eggs), the Endangered Species Act (USC Title 16 Chapter 35
Section 1538, which prohibits "take", which has been
interpreted to include harassment), and the Migratory Bird
Treaty Act (USC Title 16 Chapter 7 Subchapter II Section
703). If deliberate eagle harassment is suspected, please
call Washington State Patrol and ask to have a wildlife
enforcement officer dispatched.
What
About Other Species?
Red-tailed hawks and ospreys are two other species that
build large nests in trees. Ospreys also commonly nest on
cell phone towers, power poles, and on marine structures
like "dolphins" (a group of pilings used for mooring).
Great blue herons build medium-sized stick nests in trees,
often in groups or colonies. Crows build medium sized stick
nests, but they do not nest in colonies like herons. All
birds (except game birds and the following species which
are considered nuisance species: crows, magpies, starlings,
and English sparrows) are protected by state law (WAC
232-12-011). Nests and eggs of protected species are
protected from malicious harm under RCW 77.15.130. In
practice, this is generally interpreted as protecting the
nest while there are eggs or young in the nest, but
unoccupied nests can be removed (e.g., outside the breeding
season). Nests of endangered, threatened, and sensitive
species are generally protected year-round. Contact your
local WDFW biologist to determine whether a nest is active,
the species at the nest, and the best way to remove it if
necessary.