I love bald eagles and my heart soars
whenever I am privileged to see one. I believe they are one of God’s most
majestic creatures, and am not surprised they have come to be a symbol of our
country.
The U.S. Fish and Wildlife Service says about
40 years ago eagles were near extinction due to habitat destruction, illegal shooting,
and contamination of their food source by the pesticide DDT. Habitat protection
afforded by the Endangered Species Act, the federal government’s banning of
DDT, and conservation actions taken by the American public have helped bald eagles
make a remarkable recovery.
The Altamont Pass Wind Farms were established
about 35 years ago. They are still one of the largest, densest collections of
wind turbines in the world, though their number has decreased from 7,900 to
4,000 even as their productivity has increased due to improved technology. The
old turbines were much smaller, spaced more closely together, and rotated at a
much higher speed than the new ones. New turbines produce 23 times as much
electricity as the old ones.
Unfortunately, Altamont Pass Wind Farms has
represented the worst of the colliding worlds of eagles and wind turbines. An
eagle flying 75-100 mph in pursuit of prey pays little attention to turbine
blades. Although these blades appear to turn very slowly, the midpoint of the
blade is often turning at 45 mph and the tip at 180 mph. Collisions happen and
they are often deadly.
Exactly how many eagles are killed by wind
turbines is uncertain. Reliable numbers are difficult to obtain because
turbines are generally located in remote areas, searches are usually limited to
within 200 feet of the turbine, and predators often carry away the remains in
the 30-90 day intervals between counts.
Save the Eagles International quotes
ornithologist Shawn Smallwood as saying in a 2004 report that an estimated average
of 116 golden eagles were killed at Altamont in the previous four years. A
government study by the Altameda County Community Development Agency, however,
documented an average of 15 golden eagle deaths at Altamont in a nine-year
period from 2005-2013.
A study by the U.S. Fish and Wildlife Service
published in the September 2013 Journal of Raptor Research listed 85 total
eagle deaths from wind turbines in areas other than Altamont between 1997 and
2012. The breakdown by states for this 15-year period is as follows: Wyoming
(29), California (27), Oregon (6), Washington (5), Colorado (5), and New Mexico
(5).
Eagles have been protected since the Bald and
Golden Eagle Protection Act became law in 1940. This law prohibits the “taking”
of eagles through any means, but allows for permits to be issued by the U.S.
Fish and Wildlife Service where “non-purposeful” or “incidental” taking of
eagles is involved. This would include wind turbines as well as highways,
buildings, power lines, airports, ski lifts and other developments in eagle
habitat areas.
These protections (and the banning of DDT) under
the jurisdiction of the U.S. Fish and Wildlife Service have led to a remarkable
recovery for eagles from near extinction in the 1970s to an estimated population
today of 143,000 bald eagles and 40,000 golden eagles. In 2007 bald and golden
eagles were removed from the list of threatened and endangered species.
This is not to say eagle populations face no
threats. The number of requests for Incidental Take Permits has increased due primarily
to interest in establishing more wind turbine farms. (The reasons and
justifications for this increase are multiple and open to debate.) This proposed
expansion led the U.S. Fish and Wildlife Service to reconsider its policies and
determine at what point eagle deaths would threaten the stability of the
population.
Their study, completed in 2013, used computer
modeling to evaluate likely outcomes. Relying on median data indicated up to
6,300 deaths of bald eagles and 2,100 golden eagles would not diminish the
population. Using a 20th quantile data set gave a more conservative
estimate of up to 4,200 deaths of bald eagles and 2,000 golden eagles per year without
diminishing eagle populations. They opted for the more conservative projections.
These numbers are based on eagle deaths from
all causes, not simply from wind turbines. Other causes of death include:
collision with power lines; poisoning from eating animals that have been
poisoned; lead poisoning from ingesting lead shot; and collisions with vehicles
while eating roadkill.
The American Bird Conservancy filed suit to
block the U.S. Fish and Wildlife Service from implementing new guidelines based
on this study. They particularly opposed the extension of permits issued to
wind turbine farms from five-year periods to thirty-year periods, arguing it would
be disastrous to be locked into something which proved unsustainable.
A federal court found in favor of the
American Bird Conservancy and ordered the U.S. Fish and Wildlife Service to
research the issue further. This was done and the Wildlife Service issued final
regulations on December 14, 2016.
The announcement of these final regulations
led to inflammatory headlines by Breitbart, USFANZONE and the Conservative
Tribune, with only slightly more responsible reporting by NBC, ABC, CBS and
other mainstream media. Some reports were intentionally misleading; others were
simply poorly researched. This is a complicated subject not easily captured in
a 20-second sound bite.
The U.S. Fish and Wildlife Service has responded on its website to frequently
asked questions. Their responses can be summarized as follows:
1.
Many
activities that incidentally take eagles due to ongoing operations have
lifetimes that far exceed five years. Longer-term permits will be extended to 30 years,
but will require renewal every five years contingent on satisfactory
performance. Each permittee
will work with the Service to implement avoidance and minimization mechanisms
to reduce the chance of harm to eagles. If the permittee fails to do so and
permitted take is exceeded, the entity would be in violation of the Eagle Act.
Any additional take over the allowed level would be considered unlawful, and
the permittee could be prosecuted.
2.
Thirty
years is a maximum permit length, not the automatic permit length. Permits of
shorter duration may be granted where appropriate, e.g., for road construction.
Long-term permits require the permittee to consult with the Service every five
years to ensure expected take levels are not being exceeded. Additional
requirements developed as part of the permit’s adaptive management plan may be
placed on the permittee at those five-year reviews, and if the permittee is
found not to be complying with avoidance, mitigation or compensation requirements,
the permit can be revoked.
3.
Longer-term
permits now require that monitoring be conducted by qualified, independent
third parties that report directly to the Service. The data they submit will be
available to the public.
4.
The
Service expects to issue just a few dozen permits annually, most for nest
disturbance, some for mortality from wind power projects and other sources,
such as power lines. A significant portion of the permits issued will be to
existing operations already taking eagles without authorization. The total
number of eagle deaths expected to be authorized annually from new sources may
eventually be in the hundreds, not thousands. The Service believes actual eagle
loss will be significantly lower.
Eagles
– and indeed all of nature – will always be at risk from human activity. It is
fitting and appropriate to hold the U.S. Fish and Wildlife Service accountable
to their stated objectives:
- Assist in the development and application
of an environmental stewardship ethic for our society, based on ecological
principles, scientific knowledge of fish and wildlife, and a sense of
moral responsibility.
- Guide the
conservation, development, and management of the Nation's fish and
wildlife resources.
- Administer a
national program to provide the public opportunities to understand,
appreciate, and wisely use fish and wildlife resources.
It is neither fitting nor appropriate to print inflammatory
headlines designed to provoke outrage and articles comprised of partial truths
and outright lies about actions of the U.S. Fish and Wildlife Service, yet this is what Breitbart, USFANZONE and Conservative Tribune have done. I believe NBC, ABC, CBS, New York Times, and Washington Post have fallen short on their journalistic duties here as well.