The Western Section of The Wildlife Society and Wildlife Research Institute Western Raptor Symposium February 8-9, 2011 Riverside, California

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1 The Western Section of The Wildlife Society and Wildlife Research Institute Western Raptor Symposium February 8-9, 2011 Riverside, California Symposium Sponsors February 8 02:55-03:10 pm Session: Department of Interior Eagle Session Avian Protection Plans; Eagle Conservation Plans Eric Kershner; USFWS, 6010 Hidden Valley Rd., Ste. 101, Carlsbad, CA 92011; (760) ; Eric_Kershner@fws.gov To achieve compliance with the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act, project proponents should prepare Avian Protection Plans and Eagle Conservation Plans. These plans provide the US Fish and Wildlife Service with species and site specific information that evaluates the risk to migratory birds and eagles from the project development. The Avian Protection Plans address potential mortality and injury to bird species (including raptors), and detailed description of methods the applicant has chosen to reduce disturbance and mortalities. Eagle Conservation Plans will be stand-alone documents which address the Bald and Golden Eagle Protection Act definition of disturb, and will present advanced conservation practices and compensatory mitigation methods the applicant will propose and undertake to achieve no-net loss in eagle populations. Both plans will be pre-coordinated with the USFWS to implement the best available science and practicable methods. The authors and institutions that have provided the following presentations are happy to share their information, data, and opinions. However, these are not, necessarily, peer-reviewed presentations and the potential to take something out of context also exists. In order to avoid that, you are requested to contact the respective lead authors(s) before using specific information contained in any of the following papers. Once you have done that, the proper citation is: '[Author(s). Date. Title.] Presented at the Western Raptor Symposium. Jeffrey L. Lincer and David Bittner (Co-Chairs). Hosted by Wildlife Research Institute and The Wildlife Society, Western Section. Riverside Convention center, Riverside, California, USA. February 8-9, 2011

2 Conservation Plans E.L. Kershner, PhD US Fish and Wildlife Service Division of Migratory Birds Pacific Southwest Region

3 Laws that Protect Birds Migratory Bird Treaty Act strict liability statute that protects 1,007 species, including all raptors other than eagles; NO authorization for incidental take Bald and Golden Eagle Protection Act provides protection for Bald and Golden Eagles; new regulations that permit incidental take of eagles Endangered Species Act protects bird species listed under the act

4 Avian Protection Plans 1970s concern over Whooping Crane collisions with electric utility lines and Golden Eagle electrocutions development of Avian Powerline Interaction Committee Suggested Practices document to protect birds from collision and electrocutions

5 What s in a Name? Avian Protection Plan Eagle Conservation Plan Migratory Bird Conservation Plan EL Kershner

6 All Plans Have Adaptive management framework Pre-construction assessments Risk assessment Conservation measures Post-construction monitoring Risk estimate validation

7 Pre-construction Assessments Identify all species of potential risk within the area of influence How do these species use the project site? What are potential risk factors?

8 Pre-construction Methods Follow standard survey protocols (e.g., USFWS Eagle Monitoring Guidelines) Recommended 3-5 years of pre-construction assessments Assess direct and indirect effects (e.g., noise)

9 Risk Assessment Identify potential risk factors (i.e., direct and indirect effects Turbine collisions Noise effects Habitat fragmentation Estimate risk to species identified in preconstruction surveys EAGLES ONLY develop Take estimate Important to evaluate Cumulative Effects

10 Conservation Measures Measures put into place with goal to AVOID and MINIMIZE effects of development General measures Project siting and facility design - CRITICAL Seasonal construction limits Work avoidance buffers Minimize habitat disturbance Lighting motion sensors, FAA requirements Industry specific measures E.g., wind industry cut-in speeds, seasonal shut downs

11 Raptor Specific Measures Reduce prey base within a project footprint Minimize potential for collisions and electrocutions (APLIC standards) Minimum of 1 mile avoidance buffers non-eagles

12 Post-construction Assessments Fatality Monitoring Industry specific methods but Must have correction for carcass detectability and scavenger rates Used to quantify mortality associated with all facility infrastructure What factors affect rates of mortality (e.g., weather)

13 Post-construction Assessments Monitoring Other Effects Evaluate effects other than mortality Requires behavioral monitoring and comparison to preconstruction assessments (BACI study designs) Study questions will be based on project type, species and potential risks

14 Risk Estimate Validation ESSENTIAL in order to document whether mortality and other effects are as predicted, higher or lower than predicted pre-construction Are conservation measures implemented effective? Would additional/different measures reduce risk? Used to trigger adaptive management actions

15 Essential Components Early Coordination with the Service Ensure appropriate surveys and methodologies used Assist with project siting and design decisions Reporting Means for developer to continue coordination with the Service Including working with OLE on take issues

16 Eagle Conservation Plans Potentially leads to a Programmatic Eagle Take permit Risk models being developed specifically for eagles Requires Advanced Conservation Measures Use of Compensatory Mitigation to meet No Net Loss standard J. Nick Todd

17 Conservation Plan Development MBTA BGEPA ESA USFWS Wind Siting Guidelines MBCP Guidelines Eagle Conservation Practices Sec 7/10 Developer MBCP ECP Programmatic Permit BO/HCP

18 QUESTIONS?