The bald eagle population has made a great recovery over the past 35 years, going from 487 breeding pairs in 1963 to 9,789 in 2007. This is thanks to efforts to reduce pesticide use, protect their habitat, and manage their populations. Because of this recovery, the bald eagle is no longer considered endangered or threatened under the Endangered Species Act. However, they are still protected under other laws. As of August 8, 2007, the bald eagle has been delisted in the lower 48 states, meaning federal agencies no longer need to consult the ESA when it comes to the bald eagle. The bald eagle population is growing in most states, so habitat availability is not a big concern right now. However, in Florida and the Chesapeake Bay region, there’s still a lot of development and the eagle’s habitat is in danger. Even though the bald eagle was taken off the endangered species list, it’s still protected by the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act. These laws make it illegal to harm or disturb bald eagles, their nests, or their eggs. So, even though the bald eagle is doing better, it’s still protected to make sure it stays that way. The Bald and Golden Eagle Protection Act (BGEPA) and the Endangered Species Act (ESA) both protect bald eagles from being harmed or disturbed. The BGEPA does not allow private citizens to sue for violations, but it does have penalties for breaking the law. The US Fish and Wildlife Service clarified the definition of “disturb” in 2007 to include actions that cause injury, decrease productivity, or lead to nest abandonment for eagles. It also published guidelines for managing activities near eagle nests to minimize disturbance. The guidelines are a tool for landowners and planners to help protect the bald eagle and avoid breaking the law. The bald eagle is protected under the Migratory Bird Treaty Act, which makes it illegal to harm them or their habitat. In Florida, the bald eagle population is important, and efforts are being made to keep it stable. In 2005, the FWC decided to review the status of bald eagles in Florida. A panel of experts found that the population of bald eagles had grown and stabilized, so they recommended that the bald eagle should no longer be listed as a protected species in the state. In 2008, the FWC created a management plan to protect bald eagles by prohibiting people from disturbing or harming them, unless they have a specific permit or are following certain guidelines. The plan is to help keep the population of bald eagles in Florida stable or growing. It’s based on guidelines from the USFWS and FWC, and it includes rules for protecting the eagles’ nesting areas. After five years, the FWC and others will review the plan and make changes if needed. The goal is to keep at least 1,020 nesting territories each year for the next 24 years, and to make sure that eagles have successful nests. The plan also includes rules for getting permits for activities near eagle nests. The bald eagle has made a great comeback in Florida, but it’s still important to protect them. There are rules and permits in place to make sure activities near eagle nests don’t harm them. Even though the bald eagle is no longer listed as threatened, it is still protected by laws to ensure their population stays healthy. In 1978, the US government listed the bald eagle as endangered or threatened in the lower 48 states. The goal was to reach 4,000 breeding pairs to remove it from the endangered species list. To delist a species, the government looks at factors like habitat destruction, overuse, disease, and regulatory measures. They also consider if the species is extinct, recovered, or if there were errors in the original classification. Laws like the Bald Eagle Protection Act and the Migratory Bird Treaty Act have been important in protecting bald eagles. The USFWS received a petition to protect the Sonoran Desert bald eagle in Arizona, but initially denied it. After a court challenge, the USFWS had to review the status of the eagles, and they decided to list them as threatened under the Endangered Species Act. This means they will be protected until a final decision is made. In Florida, there’s a Bald Eagle Management Plan that protects eagle nests and defines the nesting season. Susan Martin, a lawyer, helped create this plan. She’s an expert in government and administrative law. This information is from the Environmental and Land Use Law Section.
Source: https://www.floridabar.org/the-florida-bar-journal/continued-protection-of-the-bald-eagle-after-delisting/
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