The following is a September, 2014 comment letter I worked on with my supervisor at the Conservancy of Southwest Florida regarding bald eagle management:
Public Comments Processing
Attn: FWS–R9–MB–2011–0094
Division of Policy and Directives
Management
U.S. Fish and Wildlife Service
4401 N. Fairfax Drive, MS 2042–PDM
Arlington, VA 22203
US Fish and Wildlife Service Headquarters
Attn: Public Comments Processing
MS: BPHC
5275 Leesburg Pike
Falls Church, VA 22041-3803
RE: Eagle Management
and Permitting
Dear Comments Processor,
The Conservancy of Southwest Florida, on behalf of our over
4,500 members, writes in regard to the Notice of Intent to Prepare an
Environmental Assessment or an Environmental Impact Statement regarding Eagle
Management and Permitting (FWS-R9-MB-2011-0094).
Bald eagles are very important to the people of southwest
Florida. Likewise, southwest Florida is very important for bald eagles. As of
2005, 11% of the nesting population in the contiguous United States is found in
Florida; more than every other state besides Alaska and Minnesota.
Eagles have been known to nest in every county that the Conservancy serves: Charlotte,
Collier, Glades, Hendry, and Lee counties. In fact, Lee County is considered a
core nesting area, as evidenced by its status as among the top 10 counties with
regards to number of bald eagle nesting territories.
Clustered around important wetland and coastal systems, both Lee and Charlotte
County are identified as essential areas for eagles.
As a component of our quality of life, continued regional
biodiversity, and prolonged recovered status, we want to ensure that bald
eagles continue to thrive into perpetuity in southwest Florida. The Conservancy
encourages maintained stringent protections at all levels of government to
ensure that bald eagles will not become extirpated from our area, as well as to
reduce the likelihood of necessary Endangered Species Act (ESA) listing in the
future.
Current and Increased Development Pressure on
Southwest Florida
Though Florida has previously served as a stable base and
even a source for eagle populations, we are deeply concerned that current and
potential future human population growth and related development will encroach
ever further into important eagle nesting and foraging grounds. A 2013 Bureau
of Economic and Business Research report stated that Florida’s human population
had grown by 17.6% between 2000 and 2010.
In that same time period, Florida gained more residents than 47 other states.
Florida’s population is projected to continue growing, with 243,000 additional
residents each year between 2020-2030 and 198,000 additional residents annually
between 2030 and 2040.
Southwest Florida is no exception to these population
trends. Lee County, for example - a bald eagle hotspot - is projected to house
an additional 1,044,300 residents by 2040.
If development patterns do not change, 7 million acres of undeveloped land in
Florida will be converted to urban uses.
Southwest Florida has also seen this trend confirmed in the past year,
particularly as the regional economy has resumed. Dozens of development
projects are currently underway, including projects that will infringe upon
eagle nesting areas or threaten disturbance to resident eagles. This continued
development threatens southwest Florida’s eagles.
While bald eagles had been recovered from being threatened
by extinction and are no longer listed under the ESA, threats to their status
remain over the long-term and the Service must be forward-thinking to ensure that
any new changes in the regulations will not facilitate a decline in the
population, particularly in Florida. Federal standards should be maintained at
a stringent level to ensure that sufficient habitat and nesting areas are
available over the long-term.
We understand that potential changes to current regulation
under this scoping were partially driven in regards to wind energy activities.
However, potential rule changes that would allow for reduced project analysis/review,
or increased nest removals, eagle take, or disturbance allowances, could be
more broadly applied to commercial and residential development and potentially
result in a stagnant or decreased eagle population in southwest Florida given
the development trends in our area. We encourage the Service to be cognizant of
potential long-term implications of any proposed changes to eagle permitting
and management in light of this, and to consider the potential resulting
biological implications over the long-term on eagle populations.
Conditions for Incidental Take and Nest Removal Should
Be Protective to Maintain Populations
Active
Nests
Given the current, and likely increasing, habitat loss and
fragmentation to a myriad of intensified land uses including residential and
commercial development, agriculture, mining, and oil and gas exploration and
drilling, we ask that the FWS retain protective rules for incidental take and nest
removal permits.
We would like to see the definition of “active nest” be
expanded to beyond the current 10 day standard, and consider nests with eagle
activity during the nesting season to be considered “active,” such as the
definition utilized in Florida. However, regardless of the ultimate definition
of “active nest” at the federal level, the criteria for considering take/nest
removal for an active nest should remain as it current is: only for cases of
clear human or eagle safety. Active eagle nests should not be removed except in
the case of a safety emergency. In the case of a safety emergency, the FWS
should ensure that all measures to reduce the risk or viable alternatives are
explored before pursuing the active nest removal option. This is especially
true with the presence of eagle eggs and young.
In regards to this issue, we would like to inquire as to what
kind of events the Service believes would qualify as an “anticipated
emergency”? This language should be made clear to ensure that nests are not
removed categorically and that a bonafide human or eagle safety emergency
exists.
Incidental/Non-Purposeful
Take and Inactive Nests
As discussed above, southwest Florida has experienced, and
will continue to experience, a growth in human activities that may result in
incidental take and disturbance to adult and nesting eagles. When the eagle was
delisted, the protective buffer around nests was reduced to 660 feet. We would
not support any further reduction of this protective buffer, as this buffer is
needed at a minimum to reduce disturbance and incidental take from adjacent
uses such as construction.
In regards to the removal of a nest deemed to be “inactive,”
we would encourage the FWS to maintain stringent and protective guidelines. The
bald eagle is often the subject of wildlife based ecotourism in our area, and
is a species that is considered by many as a symbol of our nation. In addition,
maintaining nests in our region preserves a biological function as a core
nesting area.
We understand that currently an inactive nest may be removed
if the activity or mitigation for the activity will provide a net benefit to
eagles.
It is noted by the Service that the mitigation provided may be considered the
net benefit.
If avoidance and minimization has been fully implemented and
incidental take or nest removal is still necessary, compensatory mitigation
should be required. Mitigation should be quantitative and predictable between
projects, while still allowing options for on-site preservation. Options for
on-site conservation can allow for benefits directly for an affected eagle pair
or the local territory. Compensatory
mitigation should also be concrete. For example, areas for habitat replacement
should be identified. FWS could allow monetary offsets to be collected as
compensation if no other direct mitigation options are possible. If mitigation
funds are collected, they should be used primarily for land acquisition of
important bald eagle habitat. Funds should be applied for eagle conservation
within the region of the eagles that were impacted.
Additionally, if a nest is permitted to be removed, FWS
should consider a requirement to relocate the nest to a nearby tree prior to
the next nesting season. If the nest is relocated in the nesting territory of
the resident eagles, the resident eagles retain a chance at returning to their
nest for years to come.
Programmatic Permit Considerations
Appropriate
Projects and Areas for Application of Programmatic Permits
It appears that current programmatic permit frameworks are
related mostly to energy and infrastructure activities. However, programmatic
permits can also extent to other types of projects that may need to take
eagles.
The Conservancy does have concerns with current available
programmatic permits in regards to maintaining wildlife resources and encourages
further efforts to reduce injury and mortalities for eagles, birds, bats, and
other wildlife. However, we would be most concerned if the Service were to
develop programmatic permits to include commercial/residential development,
large scale mining, or oil and gas development or surveying, particularly in
the southwest Florida area.
Certain geographic areas would not be appropriate for long-term
programmatic permits; these areas include populations that are critical to the
continued stability and increase of eagle populations, populations that are not
currently viable over the long-term and need to be expanded to avoid
extirpation, and those areas that contribute to landscape movements of eagles
such as major migration flyways.
Likewise, geographic areas with unpredictable future habitat availability and
undeterminable cumulative impacts from human activities, are also inappropriate
areas for long-term programmatic permits. Researching and establishing a list
of such areas will help to streamline the permitting process for FWS, provide
clarity to interested industries, and help to ensure eagles continue to thrive
in the United States. Tools like the American Bird Conservancy Wind Development
Bird Risk Map may be helpful in establishing this list in regards to
programmatic permits related to wind energy project development.
Adaptive
Management and Advanced Conservation Practices
For those activities that already allow for utilization of programmatic
permits, Advanced Conservation Practices (ACPs) should be further developed.
Although adaptive management is a tool that can be utilized for longer-term
programmatic permits, the Service should not provide programmatic permits –or
standard permits for that matter- unless it can understand the total effect of
the proposed project on bald eagles throughout the length of the project. For
this reason, it is prudent to keep programmatic permits to a timeframe where
impacts can be predictable and properly avoided, minimized and mitigated.
Any long-term programmatic permits, particularly those
extended past five years, should have mechanisms built in so that if bald
eagles are found to be effected more negatively than accounted for in the
permit, that the Service can readdress the project and require additional
avoidance, minimization, and mitigation measures. Likewise, such mechanisms
needs to be in place not only to address unforeseen circumstances or new
information pertaining to eagles, but also to address new information
pertaining to technologies and new techniques for programmatic permit
activities. For example, current ideas to reduce incidental take of eagles at
wind energy projects includes radar technology that can sense when large birds
are approaching and slow down or stop the turbine(s) that is/are a threat,
guidelines that require operators to more closely monitor turbines when
meteorological conditions like low visibility are present and may result in
lower flying eagles, and
installation of audio-visual deterrents.
Additional Public Commenting Is Needed
We appreciate the opportunity to provide comment during this
scoping effort. As it appears that this scoping my effect eagles beyond those
related to energy projects and may have very wide implications, we would ask
that the comment period be further continued to encourage additional comments and
expanded input by other interested stakeholders. Many in the environmental
community have been unaware of this scoping effort or its potential
implications beyond energy projects. Additional outreach about this effort, and
an additional public commenting window would be beneficial.
We hope to provide additional input when the scoping
concludes and any further details are provided about rule or guidance changes.
Sincerely,
Amber Crooks Gladys
Delgadillo
Senior Natural Resources Specialist Conservation
Associate
Cc:
Jennifer Hecker, Conservancy of Southwest Florida
Eliza Savage, FWS