Eagle uncertainty doesn't halt subdivision support

Somewhere 1.8 miles west of McGregor Lake is an eagle's nest.

Or maybe not.

It's possibly 900 feet south of the southwest corner of a 28-lot proposed subdivision near Marion.

Maybe that nest is in use. Or maybe not.

Rare black terns, too, might use the area.

Both species can be disturbed by nearby human activity.

The Flathead County Planning Board decided Wednesday that the possibilities of a nearby eagle's nest and black terns were too fuzzy and recommended 7-2 that the county commissioners approve a 28-lot, 181-acre subdivision south of U.S. 2 near Marion.

The Spoklie & Hoover III venture wants to build 28 houses at McGregor Pines.

But on Monday, the county planning department received a letter from the Montana Department of Fish, Wildlife and Parks that raised concerns over the possibility of an eagle and black terns being too close to the proposed subdivision.

Jim Williams, state regional wildlife manager, wrote that an area resident saw and photographed an eagle near the nest in March 2005. "It is unknown if eagles nested there then or have nested there since," he wrote.

However on Feb. 4, two state wildlife biologists spotted two eagles showing courtship behavior 2.37 miles from the nest. To be sure that the nest is in use, it would have to be monitored in March and April, Williams wrote.

If the nest is in use, Montana's' Bald Eagle Management Plan recommends that half-mile buffer between it and any permanent human activity.

Some Planning Board members interpreted the state's findings as inconclusive about whether an eagle currently nests in that area.

Some also wanted to know if there are any state or federal penalties for allowing a subdivision within a half mile of an active eagle's nest, or if the state's bald eagle management plan carried the same clout as a law.

The bald eagle was removed from the federal endangered and threatened species list in 2007, although it has some other federal protections because it is the national bird.

Williams' letter also noted that wildlife experts spotted 48 black terns about 600 feet from the proposed subdivision in July 2006.

Although closer examination is needed, the letter said marshy meadows -prime black tern nesting habitat -are along nine lots in the proposed subdivision. However, it is difficult to tell until spring and summer how much of the area is good black tern habitat, the letter said.

The federal government lists the black tern as a 'species of concern."

Board members Frank DeKort and Mike Mower dissented on the board's recommendation that the county commissioners approve the subdivision.

Reporter John Stang may be reached at 758-4429 or by e-mail at jstang@dailyinterlake.com