First Active Nest This Century

Decline and Recovery

A Hazardous Location

Young People Take an Interest

Schedule of Breeding Activities

"Eagle Forest" is Zoned for Residential Development

Importance of Public Awareness

Rules Protect Eagle Nests From Disturbance

Parakeets May Pose Disease Threat

Concerns About Construction Near Nest

Responsible Agency is Broward County School District; FWC Provides Advice

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"As I understand now, work nearest to the eagle nest would involve trenching along the roadside; while I am not familiar with the type of machinery needed to accomplish this work, I can assume it would be larger and noisier than the disturbance currently caused by normal traffic in the area.  Based on this, FWC would not recommend moving forward with work until after the chick(s) have fledged from the nest. Doing so would put Traffic Engineering (or contractors – whomever is responsible for the project) at risk for a potential violation of FWC’s eagle rule, which prohibits take (harass, harm, disturb, cause nest abandonment or failure).

"Our agency does offer disturbance permits for work that will take place during the nesting season and between 330’ and 660’ of an active nest if our guidelines cannot be followed. We do not, however, issue permits for work done within the 330’ buffer of an active nest during the nesting season, and so would not issue a permit for this particular project. The county can choose to proceed with the work, but takes a risk of causing take and being cited for a violation (if the nest fails due to excessive disturbance, the birds abandon, etc.).  Outside the nesting season (Oct 1 – May 15, or whenever eagles are present at the nest site), temporary activities (which this would likely be considered) can proceed without an FWC permit.  Local nest-watchers have indicated that at least one chick hatched on or near the weekend of Jan 17-18, and assuming around 11 weeks until the chick(s) are able to fly means that they should be flying around the end of April.

"One option is to postpone work in this area until the chick(s) are capable of sustained flight, after which work could proceed inside that 330’ buffer without much concern.  The other is to move forward with the work and take a chance with disturbance and/or nest failure or abandonment.  If you have a need to move forward at this time, I would strongly recommend postponing work for at least a few days until the weather has warmed up – this way if the adults are disturbed from the nest for a period of time the risk of exposure for the chicks will be lessened.  Another recommendation might be to use smaller machinery or even do some of the digging manually (if feasible) in areas closest to the nest to reduce disturbance.
 
"I hope the information is helpful to you in making decisions about this project.  Please let me know what other assistance I can provide, and thank you again for your time and concern.  I would appreciate an update as you proceed with your discussions, and will be happy to try and answer any questions you might have."

We believe that criteria for the need of a FWC Eagle Permit permit now appear to be met, because the major construction will actually take place just outside the 330 foot limit. We wonder whether the School Board will apply for a permit, or elect to proceed without one. So far, FWC has informed us that the agency has been in contact with the School Board and also with the contractor that will be installing the signal.  No decisions have been made about a permit (it is not yet clear whether FWC will recommend a permit) or the details of the construction schedule.  FWC personnel will be meeting with them soon to discuss the details of the project and anticipated construction activities, and will keep us informed as to the outcome of these discussions, and any decisions that may be made.


February 4, 2009: We have learned that the installation of the signal at 209th Street and Pines Boulevard by Broward School Board will require a communication line to be run from 209th to 208th on the south side of Pines, passing about 190 feet in front of the Bald Eagle nest tree. This will require excavation of a trench that will be only about 18 inches deep. Such trenching does not require a backhoe, so it may be possible for the contractor to complete the trench relatively rapidly and with lighter machinery and less disturbance. However, for some reason, the concrete box that is only about 215 feet from the nest must be relocated several yards to the east. Digging up the box and excavating at its new location may require heavier equipment.

We urge that such work not be conducted during cold or rainy weather, and that consideration be given to staging the work so that there are not prolonged periods of disturbance on any one day. Alternatively, the School Board might reconsider the need to relocate the box.  This would minimize the duration of any temporary avoidance of the nest site by the adults and possibly reduce the risk of abandonment. The contractor will be meeting with FWC officials tomorrow in an effort to reach some agreement on timing of the installation, or, if the traffic signal must be installed before the eaglets fledge, to decide upon construction approaches that create the least disturbance.

As I looked at the nest area today, it appears clear that some of the Australian Pines that are near the FPL transmission lines will need to be topped or trimmed before hurricane season. There should be ample time to take care of this after the breeding season. I will investigate this issue, to assure that FPL or any other public utility that may use the poles are aware of the existence of the nest and the need to protect the birds while chicks are in the nest.

UPDATE: February 9, 2009:  FWS has not yet provided a status report on the results of their meeting with the Broward County School Board officials responsible for scheduling the construction. As mentioned, they have provided good advice to the contractor.  We will let you know as soon as we learn whether the School Board decides whether to delay the project  until the eaglets leave the nest tree.  

Lynda White, Eagle Watch Coordinator at the Audubon Center for Birds of Prey in Maitland, Florida provided us with some reassurance about the risk of nest abandonment, stating that  there would be greatest concern about disturbances in late March and early April, when the eagles may be out on the branches of the tree but not yet fully capable of free flight.  

She says, "Once the adults have eaglets they are more invested in the nest and much less likely to abandon. The most vulnerable time for them is early in the season, before or just after eggs are laid. Even if they are startled off the nest, they won't go far and will return within a short time to care for the eaglets. I would be more concerned if the eaglets were at the fledging stage, for they might jump, but these youngsters are too small to be concerned with any disturbance. Also please remember that eagles are far more likely to be disturbed by humans on foot than vehicles. Too many people in their line of sight will cause more stress than construction activity a few hundred feet away. The number of onlookers needs to be kept to a minimum, including children running around." 

We have noted that the eagles often stare quite intently at us as we observe them on the nest or roosting nearby. Yesterday, even the chick appeared to scrutinize the photographers and other onlookers. These birds have, at least twice, successfully hatched out their eggs despite traffic noise (including the sirens of emergency vehicles, which they seemed to ignore). The students of the  seventh grade science class are documenting the birds' behavior during times of varying traffic density, and hope to add to our knowledge of how these normally shy birds adapt to city life.


BULLETIN: February 10, 2009-- Sharyn Hood, Assistant Regional Biologist in the Division of Habitat and Species Conservation, Florida Fish and Wildlife Conservation Commission South Regional Office in West Palm Beach, has provided good news about protection of the eagle nest.  Sharyn also provides a caution to eagle watchers. She writes:

"I think things have finally been worked out with all parties.  Because construction can’t be completed without working within the 330’ buffer zone, FWC has recommended that the project, or at least the work within 330’,  be postponed until the eagle chicks have fledged.  The Environmental Department representative from the school board fully supports this recommendation, so it looks like things will be delayed until sometime in April.  FWC can allow work to proceed between 330’ and 660’ without recommending a permit if the US Fish and Wildlife Service’s Nest Monitoring Guidelines are followed, but it’s my understanding right now that the school board is not in a position to be able to provide that monitoring; that’s why they are also suggesting delay of the construction.  Everyone I’ve spoken with is fully committed to doing what’s best for the birds, and that’s great.  We are aware that they did start with some work yesterday (outside of 330’) at the intersection of Pines and 209th, but as I understand it after those holes are filled with concrete the rest of the work will be delayed unless they can provide for nest monitoring.

"One more note – it’s a very bad idea to have any type of activity occurring within that 330’ buffer zone around the nest, so I hope that all of the eagle watchers out there are limiting activity to outside this area.  Pedestrian traffic within this area can be especially disturbing to birds, so while I encourage folks to enjoy watching the birds I remind them that we are all responsible for ensuring their success (construction workers and birdwatchers alike…the birds don’t distinguish!).  So, I hope that everyone is keeping their distance and paying close attention to the birds’ behavior to make sure they aren’t causing the disturbance from which they are trying to protect the eagles."

As I have pointed out in my discussion of the "donut hole" in FWC regulation of activities near an active nest, the agency lacks authority to take punitive action unless disturbance from such activity is shown to result in nest abandonment, or injury or death to an eagle. Enforcement is voluntary, but the penalty for causing the "take" of an eagle can be very severe. Therefore, eagle watchers are urged to avoid creating any disturbance within the 330 foot perimeter.

Within the next month, the eaglets will reach a critical time when they are more apt to be injured or killed, as they begin to climb out of the nest and test their wings. If frightened, they may fall from the tree. Lacking full powers of flight, they may fall to the ground and, even if they survive the fall, risk being  killed by a predator, or abandoned by their parents. The normal vantage point for viewing or photographing the nest is only 205 feet from the nest. While it is true that pedestrians commonly pass back and forth on the grassy swale at even less distance, and the birds have accomodated the presence of humans at this distance, please consider your responsibilty to observe the 330 foot limitation.


Jesus Hoyos, a 7th Grade Science student from Silver Trail Middle School, has won first place in his category (beating out over 50 other entries) in the Broward County Science Fair, and will move up to the state competition in April. His project was a study of the "effect of traffic on proximity to the nest in a pair of Bald Eagles located in Pembroke Pines, Florida"

The Broward County Audubon Society also awarded a prize. Jesus will be honored on March 24 at the Broward County Science Fair Awards Ceremony, at New River Middle School in Fort Lauderdale.

His  blue ribbon and exhibit are pictured here. Click on the images for enlarged views. We wish Jesus Hoyos the best of luck in the Florida State finals!

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Our local Bald Eagle nest has attracted much attention. On weekends, there may be a dozen or more people watching the nest. Many are serious birders and nature photographers. Others may have seen accounts in the media, but an increasing number are casual passers-by who simply are wondering why so many people are looking up into the trees. They stare in amazement through spotting scopes and borrowed binoculars at the breathtaking views of our living, breathing National Symbol. They return with family members and neighbors. From other nest-watchers they learn of the unique status of this pair of Bald Eagles, whose nest is the first active one to be recorded in Broward County in nearly a half century.  

The Florida Natural Areas Inventory (FNAI), administered by Florida State University, builds and maintains a comprehensive database of the biological resources of Florida, using a ranking system developed by The Nature Conservancy and the Natural Heritage Program Network. The FNAI measures and evaluates the threats posed to each vulnerable species, based on its status in Florida. The FNAI classifies the Bald Eagle as "demonstrably secure" statewide, but vulnerable to extinction in some restricted local areas of Florida.

The Florida FWC publishes the location of all active Bald Eagle nests in the state. As a rule, specific information about the location of the nests of rare or threatened bird species should not be shared with unauthorized individuals. Raptor nests are especially sensitive for several reasons. Raptors have historically been persecuted in the belief that they killed domestic livestock and poultry. Some early bird books classified various species as "good" or "bad," and some hawks were often regarded as belonging in the latter category because they killed chickens and the "good" birds that ate insect pests.

In Alaska and parts of the northwest United States, Bald Eagles were shot because fishermen accused them of causing a decrease in salmon. As late as 1953, the Territory of Alaska paid a bounty of fifty cents to two dollars for each pair of eagle feet, and bounty hunting became an important part of the economy. Over 128,000 eagles were killed between 1917 and 1953, when the territorial legislature removed the bounty after it found no evidence that the eagles contributed to the decline of salmon. (Read more at  http://www.sheldonmuseum.org/chilkatbaldeaglepreserve.htm)

Most raptors are large, and make attractive targets for shooters. Before passage of Migratory Bird Treaty Act of 1918 and other protective legislation, it was not uncommon for hawks to be gunned down by the hundreds for "sport" along ridges during migration.    (See A Guide to the Laws and Treaties of the United States for Protecting Migratory Birds ). This practice continues in parts of Latin America.

Despite these laws and severe penalties, poachers still shoot hawks and eagles. Although now most falconers use captive-bred birds, some still may illegaly take the young of raptors. Publicizing the location of raptor nests may encourage such illicit activities.

In the case of the Pembroke Pines eagles, was it bad for the media to publicly disclose the nest site? Of course, the answer is unknown, as the birds have not finished their nesting cycle. In fact, they are now entering a critical period as the two eaglets gain strength and, within a couple of weeks, will begin walking out on the branches of the nest tree. By late March their parents will start bringing them less food, and even make them scramble or make short flights to be fed. They will lose body weight, making it easier for them to become airborne. Yet, if startled by an unusual disturbance before they are ready to fly freely, they may fall to the ground and face almost certain injury or death. In fact, up to half of newly fledged eagles are said to perish within days of leaving the nest.

A multitude of onlookers does create a disturbance. Research has shown that other bird species show stress if humans stare directly at them, rather than giving sideways glances, or if humans walk towards them instead of approaching tangentially or indirectly. While these experiments were done with prey species, and not predators like the eagle, there is no reason to assume that eagles react any differently. In fact, the visual acuity of eagles is about four times greater than that of humans. We have seen both adults and chicks stare back intently as we look at them through binoculars or photograph them. Perhaps they are not expressing fear, but they are clearly aware of our presence. Children may create a disturbance by running and playing nearer to the nest while others are watching.  Vehicles and observers who stay inside vehicles, dress in somber colors, or move about less seem to attract less attention.

The fact that the eagles nested successfully last year at the present site, only 205 feet from the edge of busy Pines Boulevard, indicates that the birds have developed a degree of tolerance for human activities. Only last week, we observed an eagle roosting quiety in the melaleuca snags to the west of the nest, while excavation with heavy machinery was being carried out only about 100 feet away. Many times, we noted that the sirens of emergency vehicles appeared not to change their behavior. The study by the Middle School students attempts to quantify the relationship between traffic density and proximity of the eagles to the nest.

Potentially, public awareness of the active Bald Eagle nest may have some positive effects. These magnificent birds, seen at such close range, open a window to the natural world for all who stop to look. Many were unaware of threats to the eagles, such as pesticides and habitat loss, and of the laws that protect them. Greater public knowledge and appreciation of the birds may lead citizens to support actions by the local government to increase their protection.

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Pembroke Pines Mayor Frank Ortis has appointed a Bald Eagle Sanctuary Steering Committee to assist the City in developing a sanctuary on City land that surrounds a recently-discovered Bald Eagle nest. This nest is the first active eagle nest known to have been established in Broward County since DDT was abolished in the 1970s. The existence of this nest was publicized by local media, and has attracted much attention from the general public. Since the nest is located only about 150 feet from the edge of Pines Boulevard (State Highway 820), it may be readily viewed from the grassy swale that borders the south shoulder of the 20800 block of the highway.

Earlier this year, local officials as well as FDOT became aware of certain hazards posed by the large number of observers who congregated along the side of the roadway, especially during the months of January through May, when young eagles were present in the nest. At various times, especially on weekends, over 50 vehicles and more than 100 spectators gathered there at one time. Since most observers spent only a limited time at the site, there was much turnover. Traffic and crowd control measures were implemented. FDOT placed “No Parking” signs along that stretch of roadway, in an attempt to eliminate the collision hazard posed by vehicles stopping to park and re-enter the highway. The City erected a fence around the property with “No Trespassing” signs, and placed pylons along the entire block about 30 feet from the roadway, to further discourage vehicular traffic and keep pedestrians from approaching too close to the nest.  

In an effort to educate the public and also to help maintain order during times of peak visitor traffic, a cadre of local citizens assembled as an ad hoc eagle watching group. Several of these lay citizens now serve on the Mayor’s Steering Committee. At the July 20 meeting, they related some experiences that raise very serious public safety and liability concerns.

Unauthorized parking continued even after the FDOT erected signs. This was often innocent, as the signs faced the roadway rather than oncoming traffic. Many drivers failed to see the signs until they were pointed out by the volunteers or other observers. There were several “near misses” due to vehicles slowing down (whether to park or inquire about the reason for the presence of the crowds), but no collisions were observed.  Speeders and other drivers distracted by the presence of the observers, or possibly by cell phones, sometimes veered out of lanes and caused near-collisions.  The lack of parking spaces near the nest led some motorists to park in traffic lanes, such as the westbound right and left turn lanes at 209th Avenue. 

Most seriously, pedestrians stood too close to the paved roadway. Looking at the nest through binoculars and cameras, they sometimes backed up onto the pavement. Small children were seen to actually venture into the traffic lane while their parents were inattentive or distracted. Thankfully, there have been no reports of pedestrian accidents, but this situation creates an urgent and abiding concern to members of the Steering Committee. We believe that the modest cost of providing safety measures pales in comparison to the liability that may be associated with a single serious injury or fatality.    

Since the eagles instinctively return to the same territory each winter to begin the breeding cycle, and normally re-use the same nest, this scenario, with its associated hazards, is be expected to be repeated in future years.  We believe that Florida Department of Transportation has an interest in, and responsibility to assure the safety of, pedestrians who view the eagle nest from FDOT property along the south side of the 20800 block of Pines Boulevard. We request that FDOT implement additional measures to reduce public liability for any injuries or deaths that may result from failure to act before the return of crowds of eagle observers in January, 2010.

We therefore suggest that FDOT traffic engineers evaluate and consider, in priority order:

1.    Place a temporary hard barrier along the south (eastbound) side of the highway, to create a soft breakdown lane on the right shoulder, and also to separate pedestrians from vehicular traffic. Since there are several nest vantage points along the roadway, the barrier should be at least 100 to 150 feet long. FDOT engineers could determine construction, whether plastic water-filled, or concrete “Jersey Barriers.” Observers would be limited to the south side of the barrier, away from vehicular traffic.
2.    Improve “No Parking” signage so that the signs face oncoming traffic.
3.    Add temporary warning traffic signs recommending that motorists exercise caution and reduce speed along that stretch of roadway during the months of January through May.
4.    Develop, in cooperation with the City of Pembroke Pines, durable temporary signs that instruct pedestrian observers to utilize crosswalks at signal lights (at corners of 209th  and 208th Avenues) and provide additional information to increase observer safety, such as staying off the shoulder or roadway, controlling children and pets, not littering, (etc).
5.    Consider construction of a pedestrian sidewalk on the south side of the block, in view of the increased pedestrian traffic at all times of the year (due not only to the eagle nest, but also the new High School and the recently-installed traffic signals at 209th Avenue that provide additional protected access to the bus stop at the SE corner of  208th Avenue).
6.    While parking concerns are mainly within the purview of local authorities, FDOT may be offer some advice and assistance to the City.

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The City of Pembroke Pines Bald Eagle Sanctuary Steering Committee will recommend
measures to:

• Protect and preserve Bald Eagle nesting sites in the City of Pembroke Pines.
• Promote public knowledge and appreciation of local Bald Eagles
• Provide opportunities for the public to safely observe the Bald Eagle nest

The Bald Eagle Steering Committee will:

• Work with City administration to develop appropriate legal instruments establishing a Pembroke Pines Bald Eagle Sanctuary
• Assist City of Pembroke Pines in enacting an ordinance to protect Bald Eagle nesting sites within the City
• Identify, prioritize and recommend actions to control public access and provide safe parking for observers
• Explore alternatives and develop specifications for a viewing area during nesting season
• Develop plans and seek funding from other governmental and private sources forsanctuary-related construction, public education and research

Minutes and documents from the Steering Committee meetings and activities may be viewed on the Eagle Nest Watching page.

The Steering Committee presented a  Position Paper to Florida Department of Transportation concerning safety of observers at nest site.

The FDOT Response to the Steering Committee's safety concerns, while not entirely unexpected, was disappointing. While the agency took measures to assure that cars do not park illegally off the roadway in front of the nest, they also prohibited parking along the entire length of the highway on that side.

Further, FDOT could not honor the Steering Committee's request that FDOT place soft barriers, such as orange barrels with plastic mesh fencing, along the shoulder to help separate viewers from vehicular traffic. They cited concerns of traffic engineers about limited sight distance and collision avoidance space, although this is a very straight stretch of roadway. Effectively, pedestrians are barred from standing on that side of the street.

This leaves only the sidewalk across the street available for observers. As  the eaglets become more visible and active during the months of February through May, we expect to again experience large numbers of viewers, especially on weekends. Seeing no place to park, (although there is a Post Office parking lot only about 1000 feet away) they will create an enforcement problem for local police by stopping in traffic lanes and parking in the turn lanes. FDOT did provide a glimmer of hope that a new sidewalk in front of the nest, which is planned for completion in 2011, might provide a viewing platform.  

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The conservation policies to protect the eagles and pave the way for an Eagle Protection Ordinance  were passed by the Pembroke Pines City Commission on first reading and were reviewed favorably by the Florida Department of Community Affairs.  The second reading and adoption is scheduled for 9/21/10. 

From the City of Pembroke Pines Web site:

SUMMARY EXPLANATION AND BACKGROUND (Supporting documents for Agenda of August 18, 2010 City Commission meeting):

1.  At the 4/21/2010 City Commission meeting, The Commission requested staff to prepare an information packet in their motion to pass Proposed Ordinance No. 2010-10 on first reading (2010-10 is now bifurcated into 2010-16ARA and 2010-17ARB Comprehensive Plan  text amendments on this evening's agenda).
 
2.  In the spring of 2008, a bald eagle nest was discovered on the City's Chambers plat property on the south side of Pines Boulevard, west of 208th Avenue.  
 
3.  In response to concerns of residents to protect the eagles as well as the residents who wanted to view the eagles and eaglets, the Bald Eagle Sanctuary Steering Committee was formed.  The Steering Committee recommended the creation of an eagle protection ordinance based on many of the guidelines of the FWC management plan (see Exhibit 2).
 
4.  The proposed policies in the Conservation Element (Proposed Ordinance No. 2010-17ARB) are recommended by the Bald Eagle Sanctuary Steering Committee and provide the foundation for the creation of an eagle protection ordinance (see exhibit 3).  An update to Objective IV and the addition of Policies 4.24 though 4.27(highlighted in Exhibit 3) address this issue.
 
5.  Attached for your information is an executive summary prepared by the Bald Eagle Sanctuary Steering Committee, and the Florida Fish and Wildlife Commission Bald Eagle management plan.  
 
6.  Staff will present to Commission drafts of the proposed ordinance in the near future.

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The entire document may be viewed at this link on the main Eagle Watch web page. Here are pertinent excerpts from the Comprehensive Plan:

Proposed Policies 1.4 and 4.27 have been added pursuant to House Bill 697 and are consistent with the Broward County Conservation Element's adopted policies. In addition,  the City is proposing to modify Objective IV and add policies 4.24 through 4.26 providing for the preservation and protection of the city's Bald Eagle active Bald Eagle nest. Tables CE-1 and 2 have also been updated.

In 2007, the City's first active Bald Eagle nest was identified and Proposed Policies 4.24 through 4.26 have been added to protect and preserve the nest as well as a provide the foundation for the adoption of an eagle sanctuary protection ordinance.

OBJECTIVE IV
Conserve, protect, maintain or improve native vegetative communities, wildlife habitats, wetlands, Bald Eagle nesting sites, and marine habitats through 2015 in accordance with Broward County and City of Pembroke Pines standards.

Policy 4.24 - The City shall protect and preserve Bald Eagle nesting sites and promote educational programs for the residents by establishing a Pembroke Pines Bald Eagle Sanctuary Protection ordinance to be adopted no later than September 2011.

Policy 4.25 - Identify, prioritize, and recommend alternative actions to control public access and coordinate with federal, state, regional, county and local agencies to explore safe parking options and viewing areas during nesting season.

Policy 4.26 - Continue to coordinate with the Eagle Sanctuary Steering Committee in the development of plans and in the identification of funding sources for sanctuary activities including the installation of a web cam, public education
programs, signage, and research.

BALD EAGLE INFORMATION LINKS

Bald Eagle Information Website Frequently Asked Questions Interview Clips of Jody Millar, National Bald Eagle Coordinator (mp3 files) How many eagles are in each state? Bald Eagle Fact Sheet The Bald Eagle's Road to Recovery How are bald eagles going to be managed under the Bald and Golden Eagle Protection Act? Other Laws Protecting Bald Eagles Is the bald eagle protected by the state goverment where you live? National Bald Eagle Management Guidelines Post-delisting monitoring plan Kid's activities to celebrate bald eagle recovery Population Trends Species Profile Wikipedia All About Birds: Bald Eagle American Eagle Foundation