Migratory Bird Treaty Act Bald and Golden Eagle Protection Act
What is the status of the MB Executive Order? • None are complete! • DOD about to sign one • DOE in progress • Others unsure (FS, BLM, etc) • FHWA at this time does not intend to finalize the MOU • FWS has asked CEQ to intercede
What do we do that Impacts MBs under MBTA • Clearing and grubbing – kills birds and eggs during nesting season • Bridge cleaning and repair – kills birds and eggs during nesting season • ROW management • Mowing kills birds • Herbicides kill birds • Brush control kills birds and eggs
What impacts do highways have in general • Habitat loss and alteration from new construction • Secondary and cumulative effects – habitat loss and degradation – access to habitats • Noise (?) • Pollution(?)
What are the problemsimposed on our program? • Uncertain permitting/enforcement requirements • Shortened construction season • Difficult if not impossible survey procedures for nests and nesting birds • Conservation demands not based on MBTA requirements • Ineffective avoidance/minimization measures??
What does the Service want? • Insure consideration of migratory bird conservation in the Federal aid program • Permits • Address Conservation Initiatives for MB’s • Include MB’s in NEPA analysis • Implement measures to minimize take • Case by case monitoring(?) • Develop Partnerships to conserve MBs
What about other agencies • Forest Service • Land Management Agency • Have a general conservation policy statement • Do a NEPA analysis – sometimes! • On timber sales do not get a take permit -usually • Do not schedule around nesting seasons (?)
What do we do now? • Impact avoidance - • Restrict construction season • More?? Less ?? • Pre construction surveys – habitat analysis
How can we respond to theService Desires? • Practicable and feasible • Cost effective • Acceptable to States • Agency policy (?) statement versus a MOU • Would that be more acceptable to the field • Is not iron clad • How much cooperation would we get
What can we do better? • Focus on Birds of Management Concern • Habitat based • Species focused • Regional • Do NEPA analysis for MB’s impacts • Work with local and national partners • Who? • Get HQ management support in Negotiating with the Service
What can we do better? • Increased coordination with Service? • Provide more conservation measures ??
Bald and Golden EagleProtection Act Delisting of the Bald Eagle under ESA Protection under BGEPA (and MBTA) New guidelines – out for comment New Definitions - Harm Harass Disturb
BGEPA • HQ and states have commented on the proposed guidelines. No allowance for take. • Guidelines very loose for field implementation • Have very long nesting season limits – in some cases 8 months a year. • Recommend avoiding all old nest sites, etc