The Bald Eagle, The Raptor Center at the University of Minnesota

Thoughts about removing the bald eagle from the endangered species list

By Patrick T. Redig, D.V.M., Ph.D.
Director
redig001@umn.edu

In February, the Federal Register published a proposal by the U.S. Fish and Wildlife Service (USFWS) to remove the bald eagle from the provisions of the Endangered Species Act. How does The Raptor Center feel about this? To best answer this question, let’s review the biological and regulatory status of the eagle over time.

Before decline: 100,000 pairs The bald eagle population did not fare well during the European settlement of this continent. Though no one knows with certainty, biologists with the U.S. Fish and Wildlife Service have told me that a reasonable estimate of the number of bald eagles in the lower 48 before settlement was 100,000 pairs. Beginning in the late 1700s and continuing to 1940, what may be regarded as phase one of their long decline began. The birds were shot for “sport” and taken by collectors. New England pig farmers shot and fed them to their livestock, such was their abundance. Additionally, the waterfowl prey base upon which the eagle partially depended was decimated by unfettered hunting. In time, they became targets of strychnine and thallium sulfate poisons used for coyote control. Habitat clearing for agriculture and urban development further diminished their numbers.

DDT brought catastrophic reduction in population

After World War II and continuing to the mid-1970s, phase two of the bald eagle’s decline – enabled by DDT – led to a catastrophic reduction in eagle numbers in the lower 48. The eagle was provided a modicum of protection by the Migratory Bird Treaty Act of 1918, which prohibited the pursuit, hunt, take, capture, kill, sale, and export of any migratory bird. But by 1940, a continuing decline in the number of bald eagles again gained congressional attention, and the Bald Eagle Protection Act was passed. Its aim was to provide specific protections for the bald eagle. This act was amended in 1962 to include the golden eagle, largely because golden eagles were difficult to distinguish from immature bald eagles, resulting in many of the latter being shot as a case of mistaken identity (never mind that the Migratory Bird Treaty Act of 1918 protected the golden eagle too!). The resulting act was called the Bald and Golden Eagle Protection Act (BGEPA), which now included additional prohibitions against poisoning, trapping, molesting, or disturbing eagles.

By 1966, it was apparent that we were losing the battle to preserve the bald eagle and other species. Congress passed the Endangered Species Preservation Act, and in 1967, the bald eagle was listed as endangered south of the 40th parallel. (The Twin Cities is on the 45th parallel.) The impact of DDT and other organochlorines was being realized, and in 1972, the registration of DDT was canceled by the EPA. In 1973, the Endangered Species Act was passed, and in 1978, the bald eagle, peregrine falcon, and osprey were listed. The Endangered Species Act differed from its forerunners by providing guidelines for listing species and developing recovery plans, along with specifying habitat protection and requiring consultation among various federal agencies (such as the Corps of Engineers and the U.S. Fish and Wildlife Service) on any projects that may affect an endangered species such as the bald eagle.

In Minnesota and four other northern states, the bald eagle was listed as threatened rather than endangered. Five recovery regions were established embracing the entire lower 48 states, and teams of experts were appointed for each one to advise the USFWS on recovery goals and procedures necessary to prevent extinction of the bald eagle. There were approximately 500 pairs of bald eagles remaining in the entire lower 48. The process of recovery began.

From 500 to 8,000 pairs Today, there are nearly 8,000 pairs of bald eagles in the lower 48, and productivity is such that the population is predicted to continue to grow. In addition to repopulating the more or less pristine wilderness areas of former times, bald eagles are becoming somewhat “common” in urbanized areas such as the Twin Cities, where several dozen pairs make their way amidst freeways, bridges, boats, and a host of human activities. The goals set by the recovery teams have been met in all five of the regions and the major factors that brought about the decline of the eagle have been identified, mitigated, or removed. Further, there is no commercial activity involving eagles. In 1995, the eagle was elevated to threatened status throughout its range (unchanged for Minnesota and Wisconsin) and, in 1999, was proposed for delisting.

While concerns about habitat loss, the bald eagle’s need for protection, and the uncertain status of certain environmental contaminants resulted in a delay of delisting, these concerns have been largely overcome by further study or by the adaptive response of the eagle itself to human-occupied lands. Pockets of concern exist (e.g., Chesapeake Bay, which is undergoing intense development), and West Nile virus is known to cause some mortality – but across its range, the bald eagle is not in danger of extinction. If the bald eagle is delisted, it will still have all of the protections of the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act, which state that eagles may not be taken by shooting, trapping, or poisoning, or otherwise disturbed. There will be less stringent regulation regarding habitat alteration and utilization than under the Endangered Species Act, but the eagle’s adaptability to human activity may mitigate this issue. The USFWS has issued a set of guidelines to landowners for enhancing eagle success. Monitoring of the eagle’s population is mandated for 15 years upon delisting, and if it ever appears that the eagle is being adversely affected, it may be relisted immediately.

Given that the goals of the Endangered Species Act are to recover and ultimately delist a species as a result of recovery, it does not seem unreasonable to delist the bald eagle at this time. We support the proposal of the U.S. Fish and Wildlife Service to remove the bald eagle from the endangered species list. For more information, see the document in the Federal Register at http://www.fws.gov/migratorybirds/issues/BaldEagle/ Reopening.Comments.06.pdf.