The
goal of this management plan is to maintain a stable or increasing
population of bald eagles throughout Florida in perpetuity. To achieve
this goal, bald eagles and their nests must continue to be protected
through science-based management, regulation, public education, and law
enforcement.
Definition of Nesting Season: In Florida, the period 1 October–15 May, unless the young fledge before or after 15 May.
Bald eagle nesting habitats are
protected by law, but little or no emphasis has yet been placed on the
preservation of roosting or foraging habitats (Mojica 2006). [The
city property, as well as the SFWMD land to the west, contains roosting
sites that should be identified and protected to the extent possible]
The USFWS (2007b) has redefined some
of the terminology included in the Bald and Golden Eagle Protection
Act, which prohibits the unpermitted “take” of bald eagles,
including their nests or eggs. The act defines “take” to
mean to “pursue, shoot, shoot at, poison, wound, kill, capture,
trap, collect, molest or disturb” an eagle. The new definition of
“disturb” is to “agitate or bother a bald or golden
eagle to the degree that causes, or is likely to cause, based on the
best scientific information available, 1) injury to an eagle, 2) a
decrease in its productivity, by substantially interfering with normal
breeding, feeding, or sheltering behavior, or 3) nest abandonment, by
substantially interfering with normal breeding, feeding, or sheltering
behavior” (USFWS 2007This management plan adopts the federal
definition of “disturb” in 50 C.F.R. § 22.3 and
Florida’s definition of “take” in Rule 68A-1.004,
F.A.C.
Powerlines cause eagle mortality in
two ways, by electrocution and collision. Powerlines accounted for 19%
of the mortality of bald eagles in Florida during 1963–1994, with
electrocution representing more than 86% of this total (Forrester and
Spalding 2003). Power companies in Florida have not yet retrofitted
older distribution lines with modern features to reduce the incidence
of eagle electrocutions. [Three-phase high voltage lines are located about 150 feet north of the nest tree]
The FWC encourages land management
practices that benefit bald eagles by decreasing the risk of
catastrophic wildfire, by maintaining healthy forests, and by providing
suitable nest trees. These management practices include the use of
prescribed fire, removal of exotic species, reduction of excess fuel
loads, thinning of overstocked stands, replanting with native species
(primarily pines), and uneven-aged timber management. [Note
that this nest is one of the 26 Florida Bald Eagle nests that were
placed in exotic Australian Pines (19 live and 7 dead trees).]
Bald eagles frequently feed at
landfills, and some eagles have been killed by secondary pentobarbital
poisoning from feeding on carcasses of euthanized animals. For this
reason, it is imperative to incinerate or quickly bury the bodies of
euthanized animals. [Is this an issue that must also be addressed, as there are public landfills located within 2 miles of the nest?]
One of the most important components of the enforcement strategy is ensuring compliance through education.
[Thers are already a number of local residents who have demonstrated a
willingness to assist the City in providing information and
interpretation]
Some bald eagle pairs in Florida
tolerate disturbance much closer than 660 feet from the nest, and the
behavior of eagles nesting close to or within developed areas seems to
be increasing in Florida. Bald eagle use of urban areas is a relatively
new event, and the long-term stability of urban eagle territories has
not been documented fully.
The FWC will not issue citations to or
seek prosecution of persons whose activities are conducted consistent
with the FWC Eagle Management Guidelines, even if the activity results
in a “take” or disturbance of bald eagles.
Certain land management practices
benefit bald eagles and their habitats. Land management practices that
retain old-growth native pines and that decrease the risk of
catastrophic wildfire or an outbreak of timber disease are recommended. [Obviously,
land management in this case must retain those Australian Pines that
are used for nesting and roosting, as well as additional mature pines
that may serve as alternate nesting sites. This land may not provide a
suitable substrate for introducing native pines, but this might be
explored as a longer term management issue.]
Avoid timber harvesting, replanting,
or other silvicultural operations, including road construction and
chain saw and yarding operations, within 660 feet of the nest tree
during the nesting season. [But, see following excerpt.]
When appropriate to reduce fuel loads,
land managers should consider mechanical treatment of the area within
330 feet outside the nesting season to allow for a safer growing-season
burn. [A controlled burn is not feasible or safe, but mechanical clearing is the recommended method near the nest area.]
A permit is not required to conduct
any particular activity, but is necessary to avoid liability for take
or disturbance caused by the activity. Therefore, any land-altering
activity within 660 feet of an active or alternate bald eagle nest that
cannot be undertaken consistent with the FWC Eagle Management
Guidelines may require a FWC eagle permit. Activities beyond 660 feet
do not ever require a FWC Eagle Permit. The FWC will issue an eagle
permit where the applicant provides minimization and/or conservation
measures that will advance the goal and objectives of this management
plan. [Since
the clearing may be considered to be a "permanent" disturbance under
these FWC guidelines, an eagle permit should be applied for.]
The FWC has the constitutional
authority and duty in Florida to manage wildlife in the state. The role
of local government and other agencies in the regulation and management
of wildlife must be well-defined. Local governments are statutorily
required to include a conservation element in their comprehensive plans
for the conservation, use, and protection of natural resources,
including fisheries and wildlife, pursuant to Chapter 163, F.S.
Coordination between the FWC and local governments in implementing
components of this plan is essential for the successful conservation
and management of bald eagles in Florida. [The City comprehensive plan may require some revision]
Local governments and other agencies
also play a substantial role in bald eagle conservation and management
by providing protected and managed areas for eagles. Many local
governments have created habitat-acquisition and management programs,
which can provide important assistance in achieving the goal and
objectives of this management plan. The FWC will coordinate with local
governments and other agencies to help ensure that local
land-acquisition programs and their implementing ordinances and
policies are: (1) consistent with the goal and objectives of this
management plan; and (2) focus on acquisition priorities for bald
eagles and other important wildlife species. [Although
the property is City-owned, consideration may be given to changes in
zoning, deeds and ordinances to advance the FWC eagle management
objectives.]
The delisting process will place
responsibility on local governments to remain involved with regulations
and guidelines that protect bald eagles and their habitats under the
guidance of this management plan. This responsibility will create a
closer working relationship between FWC and local governments. [As owner of the land the city has the advantage of direct control and enforcement of protective measures.]
