Maine Endangered Species Program/Bald Eagle Nest Sites

Issue Profile

Essential Habitat: Bal Eagle Nest Sites

April 2003

Background

Maine's fish and wildlife are a valuable public resource, yet some species are in danger of becoming extinct within the State. The Legislature recognized this by passing the Maine Endangered Species Act in 1975. In 1988, the Legislature amended the Act by adding habitat protection provisions in recognition of two issues: 1) the effect habitat loss has on endangered and threatened species in Maine; and 2) the confusion and sometimes costly problems that arise in the absence of consistent, predictable land use decision-making processes for endangered and threatened species. As a result, the Commissioner of the Maine Department of Inland Fisheries and Wildlife (MDIFW) may designate areas as "Essential Habitat" and develop protection guidelines for these Essential Habitats.

What are Essential Habitats?

Essential Habitats are areas currently or historically providing physical or biological features essential to the conservation of an endangered or threatened species in Maine and which may require special management considerations. Examples of areas that could qualify for designation are nest sites or important feeding areas. For some species, protection of these kinds of habitats is vital to preventing further declines or achieving recovery goals. This habitat protection tool is used only when habitat loss has been identified as a major factor limiting species recovery. Before an area can be designated as Essential Habitat, it must be identified and mapped by MDIFW and adopted through public rulemaking procedures, following Maine's Administrative Procedures Act.

Why does the Bald Eagle need this level of protection?

Historically, Maine was home to many hundreds of pairs of bald eagles nesting along undisturbed shorelines of the coast, lakes, and major rivers. However, largely due to DDT contamination, eagle populations declined so drastically that the species was listed as endangered in 1978. As DDT residues in the environment dropped, bald eagles began to recover in Maine. Increasing losses of undisturbed nesting sites during the late 1980s, however, threatened further population growth and recovery of the species. The subsequent designation of traditional nest sites as Essential Habitat, ongoing since 1989, has played a significant role in advancing the recovery of Maine's bald eagle population. This progress was symbolized in 1996, when the bald eagle was reclassified as a threatened species in Maine.

As the bald eagle nears recovery in Maine, loss of undisturbed nesting sites is still one of the greatest dangers to the State's eagle population. Adequate numbers of young eagles must be produced if the population is to achieve a lasting recovery from endangered or threatened status. For this reason, Essential Habitat designation of nest sites remains an important tool in achieving full recovery and removing the bald eagle from Maine's endangered and threatened species list.

What does essential habitat designation mean to a landowner?

Activities of private landowners are not affected by Essential Habitat designation unless projects require a permit or license from, or are funded or carried out by, a state agency or municipality. In these cases, the town or state agency reviewing the project must obtain an evaluation from MDIFW before issuing a final decision. No additional permits or fees are required. Designation of Essential Habitat simply establishes a standardized review process within existing state and municipal permitting processes. It ensures landowners of consistent reviews on land use permit applications where endangered and threatened species are involved, and eliminates the confusion, delays, and sometimes costly problems that can arise in the absence of standardized, predictable decision-making.

Landowners considering projects within Essential Habitats should initiate early consultations with the appropriate MDIFW Regional Wildlife Biologist, so that concerns for endangered or threatened species can be incorporated into preliminary project planning and design. The Department also offers technical assistance to property owners who wish to manage their lands to enhance habitat for wildlife.

What does essential habitat designation mean to state agencies and municipalities?

State agencies and municipalities shall not permit, license, fund, or carry out projects that will significantly alter an Essential Habitat or violate protection guidelines adopted for the habitat. An evaluation of the final project proposal must be obtained from MDIFW prior to issuing a decision. Before seeking formal MDIFW evaluation, concerns for endangered and threatened species should be addressed during preliminary planning and existing agency or municipal review procedures. Consulting early with MDIFW Regional Wildlife Biologists will facilitate identification of incompatible projects or appropriate modifications to proposals within an Essential Habitat. Failure to do so may result in unnecessary conflicts, delays, or project denials. The Department also offers guidance to municipalities when wildlife concerns are being addressed in comprehensive plans and town ordinances.

How do you determine if a project is within an essential habitat?

All Essential Habitats are mapped on sections of 1:24,000 U.S.G.S. topographic maps and indexed by town name. These maps are available from all MDIFW and affected town offices, or they can be viewed and printed from MDIFW's website at Maine Endangered Species Program Essential Wildlife Habitat. Digital coverage can also be downloaded from the Maine Office of GIS at megis.maine.gov. Contact an MDIFW Regional Wildlife Biologist for assistance in verifying a project location relative to an Essential Habitat.

If only a part of your property is within an essential habitat, will every project you consider be affected by essential habitat designation?

No. Projects located wholly outside an Essential Habitat, regardless of whether some other portion of your property is within an Essential Habitat, are not affected by this rule.

What types of peojects require MDIFW evaluation?

Any project that is wholly or partly within an Essential Habitat and is permitted, licensed, funded, or carried out by a state agency or municipal government, requires an evaluation by the Commissioner of MDIFW. Some examples of projects that require MDIFW evaluation are:

subdivison of land
construction or alteration of buildings, wastewater systems, or utilities
conversion of seasonal dwellings to year round
exemption to minimum lot size requirements
construction or relocation of roads
exploration or extraction of minerals
alteration to wetlands, submerged bottomlands, or shoreland zones
installation of docks, moorings, or aquaculture facilities

Landowners, project planners, municipalities or state agencies considering a project proposal in or near an Essential Habitat should immediately contact an MDIFW Regional Wildlife Biologist for assistance. Early consultations will help to resolve avoidable conflicts and prevent unnecessary delays, frustrations, and economic pitfalls that might otherwise arise during the final project review.

Are there projects exempt from MDIFW review?

Yes. The following are examples of projects exempt from evaluation by MDIFW:

emergency repairs to existing
structures and utilities
emergency activities necessary for public health and safety
interior repairs and construction
any project not carried out by, funded by, or requiring a permit or license from a state agency or municipality

What are the review standards for projects within essential habitats?

A project must not significantly alter an Essential Habitat. If the MDIFW evaluation determines that significant alteration of the habitat would occur, a state agency or municipal government shall not issue a permit or license for the project. The following factors are considered by MDIFW when evaluating a project proposal at bald eagle nest sites:

seasonal timing of project
noise and human activitygenerated by project before, during, or after completion
impact on wetlands, shoreland zones, or important visual buffers
impact on key habitat components such as nesting, foraging, perching, or roosting areas
reduction in the seclusion of the nest site due to increased access from upland areas, shoreland zones, or adjacent waters
impact on future suitability of the nest site due to new uses, cumulative impacts, or local limitations within the area
demonstrated tolerance by eagles at the site for types of activities associated with the project

Is the seasonal timing of projects a major concern?

Yes! Eagles are very sensitive to disturbance during their nesting season. Generally this is between February 1 and August 31. Any timing constraints on projects are customized to reflect regional or annual variations in eagle occupancy, the unique circumstances of each project setting, and the intensity, duration, and relative location of each project. Seasonal timing of activities will often be a determining factor in project reviews and should always be addressed in a project's design before seeking final MDIFW evaluation. Contact an MDIFW Regional Wildlife Biologist for assistance in determining seasonal timing concerns. Examples of projects often acceptable outside the critical nesting season are:

expansion, alteration, or repair of existing structures
routine road maintenance
forest management, timber harvest, and agricultural management
mineral exploration
construction, if all other review standards are met

Once an area is designated as essential habitat, will it always be so?

No. If an individual nest site no longer provides the physical or biological features essential for bald eagles, Essential Habitat designation will be removed via rulemaking procedures. Also, the Law allows Essential Habitat designation only for species on Maine's Endangered and Threatened Species List. The designation of bald eagle nest sites as Essential Habitat has enabled Maine's eagle population to grow and expand. As a result, the bald eagle was reclassified from endangered to threatened in 1996. Within the next few years, its population in Maine is expected to increase to the point where eagles are no longer threatened. When this occurs, all Essential Habitat designations for bald eagle nests will be eliminated. MDIFW is currently developing guidelines to promote stewardship of eagle nesting habitat once the species is officially delisted and Essential Habitat designation is removed.

Who can you contact for more information?

The Maine Department of Inland Fisheries and Wildlife. There are seven regional offices to assist you. Please contact a Regional Wildlife Biologist at the nearest regional headquarters

DEPARTMENT INFORMATION

Maine Endangered Species Program/Bald Eagle Nest Sites