[RG3rGWcA]

The Bald Eagle is our National bird since 1782. The Bush administration is taking it off the threatened species list and removing protections which would allow developers to build right next to their nests.

We have been aware for a long time now that Bush holds our constitution in disdain with all the violations he has committed, but now, even the Bald Eagle? Why does Bush hate America?

Morning Edition, February 7, 2007 · The U.S. government's top wildlife biologist says a Bush administration proposal to protect bald eagles won't do the job.

NPR has obtained an internal government memo signed by Fish and Wildlife Service Director Dale Hall. In it, he calls on his bosses to abandon a key part of their proposal for managing bald eagles once they're removed from the endangered species list.

The bald eagle has made such a remarkable comeback from the brink of extinction that the national bird might come off the endangered species list later this month.

Biologists and environmentalists say the government's plans for protecting more than 14,000 bald eagles after they leave the list are inadequate.

"If they go forward with their proposal, I think the eagle is essentially unprotected from harm caused by development," said John Kostyak, a lawyer for the National Wildlife Federation.

He said when the eagle comes off the list it will be protected by other federal laws — primarily the Bald and Golden Eagle Protection Act. He says how much protection the eagle gets could come down to how the Bush administration defines just one word, "disturb." The law says it's illegal to disturb an eagle. But what does that mean?

In Hall's memo, he wrote that the proposed definition of disturb would be "very difficult to enforce without evidence of a dead or injured eagle."

Environmentalist John Kostyak agrees. "If the current proposal goes forward, developers will be essentially told that it's OK to pull up right next to a nesting tree and operate a jackhammer, and completely agitate eagles, to the point where they're no longer going to be able to breed." NPR : Bald Eagle May Leave Endangered List

[bensabath]

Grrrr.

Letters will be dispatched to my Representative and Senators on the Hill, and also to my representation in Tallahassee.

Matt

[RG3rGWcA]

Yay~ Matt!!! I'm so glad you agree that this is really bad.

[dittygari]

I think that this is awful news, thanks for posting, Sam.

[RG3rGWcA]

Let's all write letters and make phone calls to our senators and representatives.

[dittygari]

Yeah, I'm emailing them now.

[bensabath]

This is the current definition of "Disturb" from 50 CFR 22:

Disturb means 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. If that definition is kept, I think things will be OK.

I believe that Florida has a stricter standard in State law.

Matt

[regfortruegoo]

The Bald Eagle is our National bird since 1782. The Bush administration is taking it off the threatened species list and removing protections which would allow developers to build right next to their nests.

We have been aware for a long time now that Bush holds our constitution in disdain with all the violations he has committed, but now, even the Bald Eagle? Why does Bush hate America?

NPR : Bald Eagle May Leave Endangered List

The Bald Eagle is no longer an endangered species. And thus no longer qualifies to be on the list. Do not get me wrong, I still think that measures need to be made to protect the Bald Eagle but the endangered species list is designed and meant for only endangered species. Your hatred for bush is misplaced regarding this issue and you partisanship is showing.

[bensabath]

Oh, scratch that - the definition sucks. It requires actual physical injury.

We DEFINITELY need to to better than that.

Matt

[bensabath]

The Bald Eagle is no longer an endangered species. And thus no longer qualifies to be on the list. Do not get me wrong, I still think that measures need to be made to protect the Bald Eagle but the endangered species list is designed and meant for only endangered species. Your hatred for bush is misplaced regarding this issue and you partisanship is showing.

I don't see this as partisan. There is currently a possibility of removing the Bald Eagle from the threatened list as well.

I agree that we need better protections in place if that move happens, to ensure that the species continues to thrive.

The Bald Eagle is one of the true conservation success stories of our time - and it would be unforgivable if we don't continue to protect and preserve these birds.

Matt

[AdobebePhoto]

Now here is a question,,,

What about the Bald Eagle that builds a nest right next to a road that has been there for years? or with in 50 yards of buildings that have been there for years?

If an Eagle builds that close should we be closing down the road or taking out the building?

[regfortruegoo]

I don't see this as partisan.

When Sam made comments like this
We have been aware for a long time now that Bush holds our constitution in disdain with all the violations he has committed, but now, even the Bald Eagle? Why does Bush hate America? I can only assume its partisan.
There is currently a possibility of removing the Bald Eagle from the threatened list as well. I think the bird should have its own protection do to its status as our national symbol. But if it still fits into the the requirements as being threatened, then removing it would be wrong

I agree that we need better protections in place if that move happens, to ensure that the species continues to thrive. The Bald Eagle is one of the true conservation success stories of our time - and it would be unforgivable if we don't continue to protect and preserve these birds. I agree completely, the only other success story that comes close to this one is the alligator.

[bensabath]

Now here is a question,,,

What about the Bald Eagle that builds a nest right next to a road that has been there for years? or with in 50 yards of buildings that have been there for years?

If an Eagle builds that close should we be closing down the road or taking out the building?

No, because the Eagle was obviously comfortable building a nest there.

The concern is that by coming into a nesting area and changing the area, one can disrupt the nesting of the birds.

Matt

[regfortruegoo]

Now here is a question,,,

What about the Bald Eagle that builds a nest right next to a road that has been there for years? or with in 50 yards of buildings that have been there for years?

If an Eagle builds that close should we be closing down the road or taking out the building?

If the bird did that then it is clear that the building and road does not bother it. And should not be closed or removed

[bensabath]

When Sam made comments like this

I can only assume its partisan.

Hmmm. I guess I am so used to her posting that sort of thing that I look right by it to see what the issue is.

Matt

[Usogwdkb]

This is from last year so maybe they'll get the kinks out of it and come up with a plan to still protect the eagle. I do sympathize with the property owner though. It sucks to suddenly be told that your investments are worthless!

Judge orders bald eagle removed from endangered list
by Fred Frommer, Associated Press
August 11, 2006

St. Paul, Minn. — (AP) - The U.S. Fish and Wildlife Service said Friday it is working to remove the bald eagle from the list of endangered species, following a court decision ordering it do so by Feb. 16 unless it can prove further delays are necessary.

U.S. District Judge John R. Tunheim's order came in a lawsuit brought by Pacific Legal Foundation on behalf of a Minnesota landowner who wants to develop property in Morrison County where there is an active bald eagle nest.

"We are evaluating the court decision and preparing our response to it," said Valerie Fellows, a Fish and Wildlife spokeswoman in Washington. "However, we are working diligently to delist the bald eagle, because it has met the goals for recovery."

The Minnesota Department of Natural Resources issued a letter recommending no development within 330 feet of the Morrison County nest to ensure compliance with the Endangered Species Act and the Eagle Protection Act, according to the court filing.
All the science shows that the bald eagle is fully recovered, and not threatened or endangered.
- Attorney Damien Schiff

Landowner Edmund Contoski, whose property abuts Sullivan Lake in central Minnesota, filed the lawsuit in federal court in Minnesota on Oct. 31, 2005.

In 1967, under a law that preceded the Endangered Species Act, the bald eagle was declared an endangered species in the lower 48 states. Since then, the population has rebounded and the Fish and Wildlife Service proposed in 1999 that the bald eagle be delisted, but never issued a final ruling.

The major protections afforded to endangered and threatened animals under the Endangered Species Act are prohibitions against "taking," meaning to kill, wound, shoot, capture, harass, harm or disturb; providing critical habitat to the animals; and requiring all federal agencies to comply with the law.

After making the 1999 delisting proposal, the Fish and Wildlife Service was required under the Endangered Species Act to either make the proposed rule final within a year or withdraw it, PLF attorney Damien Schiff said.

"Today, there are more bald eagles than in 1999, but it still has not been removed from the list," Schiff said. "All the science shows that the bald eagle is fully recovered and not threatened or endangered."

"We simply asked the government to do what it said it would do, and we are happy that a federal court has issued an order to that effect," he added.

Schiff said the Fish and Wildlife Service reported fewer than 500 mating pairs of bald eagles in the 1960s, and 5,748 nesting pairs in 1999. H. Dale Hall, the Fish and Wildlife Service's director, said earlier this year that at least 7,066 known nesting pairs now exist in the contiguous United States.

If and when the bald eagle is removed from the endangered list, two other laws will continue to protect it: the 1918 Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. But those don't address habitat.

Fellows, the Fish and Wildlife spokeswoman, said the agency is trying to come up with a clearer definition of what it means to disturb a bald eagle under the Bald and Golden Eagle Protection Act before the bird is delisted.

Another reason for the delay, she said, is that the agency needs to provide management guidelines to monitor the birds once they are delisted.

"There have been perceptions that Fish and Wildlife doesn't want to move forward with delisting, but it's very important to know that Fish and Wildlife wants to move forward with this," Fellows said. "This has the potential to be one of the greatest conservation success stories ever." MPR: Judge orders bald eagle removed from endangered list

[bensabath]

Here's what I sent my congresscritters:

I read that the US Fish and Wildlife Service is prepared to change the status of the Bald Eagle from "threatened" to de-listed. This is truly a great conservation success story, and a powerful reminder of what government, industry and citizens working together can achieve.

As a Floridian, I am very fortunate to be able to observe these graceful birds in their natural habitat. It is truly awe-inspiring to encounter one fishing in a lake, or circling overhead.

However, I am writing today with a concern about these magnificent birds.

With the de-listing of the Bald Eagle, it will lose the strong protections it presently enjoys under the Endangered Species Act. The birds will still be protected under the Bald and Golden Eagle Protection Act.

In my opinion, the language in the Bald and Golden Eagle Protection Act is not rigorous enough. The Act protects the Bald Eagle from being disturbed, but it defines the term as:

Disturb means 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.

(50 CFR 22)

The problem here is that actual physical harm is required. I feel that the language currently under consideration by the Fish and Wildlife service is much stronger, in that it defines the term as including conduct likely to cause injury, death or nest abandonment.

I hope you will support and encourage the U.S. Fish and Wildlife Service to adopt this more stringent language to help protect the symbol of our nation.

[regfortruegoo]

Nicely done Matt

[bensabath]

Nicely done Matt

Thank you.

Just down the road from me the Audubon Society operates a Bird of Prey rehab center.

They have some really fascinating birds there on a permanent basis, including a mated pair of Bald Eagles. The Eagles came in separately as trauma cases, and neither could be returned to the wild. Sometime later, the center received some eggs from a downed nest, one of which was viable. They gave the egg to the two eagles, who began to care for it and ultimately hatched and raised a healthy baby eagle.

It's a very interesting place.

Matt

[RG3rGWcA]

Wow Matt, I'm totally impressed. I was afraid we were going to have another big fight about this. Cheers.