Now they are in our hands

A year ago on this page, we wrote an editorial both celebrating the comeback of the bald eagle population, and cautioning about the possible impact of the bird’s imminent delisting from the federal Endangered Species list. At that time, a delisting date had not been set. Now, that date is upon us: on or before February 16, the bald eagle will be officially off the list. In the intervening year, unfortunately, the possible dangers of delisting have increased.

On the plus side, and what makes the delisting possible, is the fact that the eagle population has prospered recently. In the last year, there was a 54 percent increase in our area in fledged young over the prior year. In addition, there are still two laws protecting the bald eagle, specifically the Bald and Golden Eagle Protection Act of 1940 and the Migratory Bird Treaty Act of 1918.

The problem is that those remaining acts focus on harm done directly to the birds, nests and eggs themselves, but do little to protect the habitat necessary to sustain the species on an ongoing basis. In contrast, the strength of the Endangered Species Act is that it conserves “the ecosystems upon which endangered and threatened species depend.” Those ecosystems are under increasing threat from relentless development pressures. It comes as no surprise to learn that the date of delisting was hastened by a property owner in Minnesota who sued the government, eager to build on land on which bald eagles were nesting. Other private property owners hosting bald eagles may not be far behind—such as at Swan Lake, NY, where the importance of protecting eagle nests has, thus far, slowed the development of two subdivisions.

Without the habitat protection provided by endangered status, development pressures could easily reverse the resurgence of the bald eagle population. What has raised additional concerns is the threat of the New York Regional Interconnect (NYRI) power line. Whether or not the construction of this power line directly damaged nests or birds, it could represent a disturbance of habitat. If it took place during the nesting season, it could even cause adults nesting close to construction to abandon eggs or young.

And the power line could continue to have a negative impact on the eagle population even after it was constructed. Power line electrocution and collisions are one of the primary causes of raptor mortality. In a 1995 study performed by the United States Department of the Interior, which analyzed 4,300 eagle deaths from the early 1960s to 1995, electrocution was the second greatest cause of golden eagle mortality and the fourth greatest cause of bald eagle deaths.

Unfortunately, with the bald eagle delisted, the disturbance of eagle habitat becomes much less potent as an argument against NYRI. At best, we could insist that the lines be constructed in such a way as to minimize the possibility of electrocution—that much is necessary even under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. Indeed, some power companies have already been prosecuted under those acts: in 1999, for instance, Moon Lake Electrical Association, Inc. of Utah was charged with electrocuting 17 large raptors, given three years probation, fined $100,000 and ordered to retrofit the line to mitigate future electrocutions. Guidelines for such mitigation have just been released by a group called the Avian Powerline Interactive Committee, and if worst comes to worst and the power line is built, we must insist that they be followed.

Hopefully, our fight against NYRI will succeed and it won’t come to that. Protection of the bald eagle gives us one more stake in the fight. Beyond that, town planning and zoning boards should be encouraged to take the preservation of the bald eagle nesting grounds into account in their rulemaking and deliberations. Individuals can help by contributing funds or time to organizations like our local Eagle Institute ( eagleinstitute.org ) and Delaware Valley Eagle Alliance ( naturesartllc.com/eaglefest.htm ) or the national American Eagle Foundation ( eagles.org ).

Bottom line, the bald eagles’ delisting does not mean it is time to relax our vigilance. Now, more than ever, we need to realize that their continued prosperity is in our hands.

Dr. Punnybone

Goose Down