Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-610 - State and protected species › STATE PROTECTED SPECIES › Section 220-610-100 - Bald eagle protection rules

Current through Register Vol. 24-14, July 15, 2024
Rule applicability
1.1 The following rules are only applicable
				  and enforceable when the bald eagle is listed under state law as threatened or
				  endangered.
Purpose
2.1 The purpose of these rules is to protect
				  the habitat and thereby maintain the population of the bald eagle so that the
				  species is not classified as threatened, endangered or sensitive in Washington
				  state. This can best be accomplished by promoting cooperative efforts to manage
				  for eagle habitat needs through a process which is sensitive to the landowner
				  goals as well. The following rules are designed to promote such cooperative
				  management.
Authority
3.1 These rules are promulgated pursuant to
				  RCW
				  77.12.655.
Definitions
4.1 "Communal roost site" means all of the
				  physical features surrounding trees used for night roosting that are important
				  to the suitability of the roost for eagle use. These features include flight
				  corridors, sources of disturbance, trees in which eagles spend the night, trees
				  used for perching during arrival or departure and other trees or physical
				  features, such as hills, ridges, or cliffs that provide wind
				  protection.
4.2 "Cultural
				  activities" means activities conducted to foster the growth of agricultural
				  plants and animals.
4.3
				  "Department" means department of fish and wildlife.
4.4 "Endangered" means a species which is
				  seriously threatened with extirpation throughout all or a significant portion
				  of its range within Washington.
4.5
				  "Government entities" means all agencies of federal, state and local
				  governments.
4.6 "Landowner" means
				  any individual, private, partnership, nonprofit, municipal, corporate, city,
				  county, or state agency or entity which exercises control over a bald eagle
				  habitat whether such control is based on legal or equitable title, or which
				  manages or holds in trust land in Washington state.
4.7 "Nest tree" means any tree that contains
				  a bald eagle nest or has contained a nest.
4.8 "Nest site" means all of the physical
				  features surrounding bald eagle nests that are important to normal breeding
				  behavior. These features include alternate and potential nest trees, perch
				  trees, vegetative screening, foraging area, frequently used flight paths, and
				  sources of disturbance. This site is also referred to as the territory defended
				  by a breeding pair of eagles.
4.9
				  "Perch tree" means a tree that is consistently used by eagles. It is often
				  close to a nest or feeding site and is used for resting, hunting, consumption
				  of prey, mating display and as a sentry post to defend the nest.
4.10 "Predacides" means chemicals used to
				  kill or control problem wildlife.
4.11 "Region" means an ecological/geographic
				  area that forms a unit with respect to eagles, e.g., Hood Canal, lower Columbia
				  River, outer coast and south Puget Sound.
4.12 "Sensitive" means any wildlife species
				  native to the state of Washington that is vulnerable or declining and is likely
				  to become endangered or threatened in a significant portion of its range within
				  the state without cooperative management or removal of threats.
4.13 "Site management plan" means a legal
				  agreement between the department and the landowner for management of a bald
				  eagle nest or roost site. This plan may be a list of conditions on a permit or
				  a more detailed, site-specific plan.
4.14 "Threatened" means a species that could
				  become endangered within Washington without active management or removal of
				  threats.
Applicability and operation
5.1 The department shall make available to
				  other governmental entities, interest groups, landowners and individuals
				  information regarding the location and use pattern of eagle nests and communal
				  roosts.
5.2 The department shall
				  itself and through cooperative efforts (such as memoranda of understandings
				  pursuant to chapter 39.34 RCW) work with other government agencies and
				  organizations to improve the data base for nest and communal roost site
				  activity and productivity and to protect eagle habitats through site management
				  plans.
5.3 The department's goal
				  shall be to identify, catalog and prioritize eagle nest or communal roost
				  sites. The department shall notify permitting agencies of nesting or roost site
				  locations.
5.4 When a landowner
				  applies for a permit for a land-use activity that involves land containing or
				  adjacent to an eagle nest or communal roost site, the permitting agency shall
				  notify the department.
If the department determines that the proposed activity
					 would adversely impact eagle habitat, a site management plan shall be required.
					 The department, a permitting agency, or wildlife biologist may work with the
					 landowner to develop a plan. The department has final approval authority on all
					 plans.
5.5 It is recognized
				  that normal on-going agricultural activities of land preparation, cultivating,
				  planting, harvesting, other cultural activities, grazing and animal-rearing
				  activities in existing facilities do not have significant adverse consequences
				  for eagles and therefore do not require a site management plan. New building
				  construction, conversion of lands from agriculture to other uses, application
				  of predacides and aerial pesticide spraying, may, following a conference with
				  the department, be subject to the site management planning process described in
				  these rules.
5.6 Emergency
				  situations, such as insect infestation of crops, requires immediate action on
				  the site management plan or special permission to address the impending crisis
				  by the department.
Site management plan for bald eagle habitat
					 protection
6.1 The purpose of
				  the site management plan is to provide for the protection of specific bald
				  eagle habitat in such a way as to recognize the special characteristics of the
				  site and the landowner's property rights, goals and pertinent options. To this
				  end, every land owner shall have fair access to the process including available
				  incentives and benefits. Any relevant factor may be considered, including, but
				  not limited to, the following:
6.1.1 The
				  status of the eagle population in the region.
6.1.2 The useful life of the nest or communal
				  roost trees and condition of the surrounding forest; the topography;
				  accessibility and visibility; and existing and alternative flight paths, perch
				  trees, snags and potential alternative nest and communal roost trees.
6.1.3 Eagle behavior and historical use
				  patterns, available food sources, and vulnerability to disturbance.
6.1.4 The surrounding land-use conditions,
				  including degree of development and human use.
6.1.5 Land ownership, landowner ability to
				  manage, and flexibility of available landowner options.
6.1.6 Appropriate and acceptable incentive
				  mechanisms such as conservation easements, transfer or purchase of development
				  rights, leases, mutual covenants, or land trade or purchase.
6.1.7 Published recommendations for eagle
				  habitat protection of other government entities such as the U.S. Fish and
				  Wildlife Service.