Eagles' nest confirmed near housing development

State wildlife biologists have confirmed that two eagles live near a proposed Marion-area subdivision.

That confirmation comes with state recommendations on how to avoid disturbing the two nesting eagles.

If the eagles are disturbed into leaving or changing their lifestyles, that could violate federal law, according to a Feb. 18 letter from the Montana Department of Fish, Wildlife and Parks to Flathead County.

The Spoklie & Hoover III venture wants to build 28 houses on 181 acres at McGregor Pines, south of U.S. 2 near Marion.

The eagles' nest is 1.8 miles east of McGregor Lake and 900 feet from the proposed subdivision's southwest corner.

Rare black terns, too, might use the area. Both terns and eagles can be disturbed by nearby human activity.

On Feb. 6, the state wildlife department sent a letter to the county government that raised the possibility of an eagles' nest and black terns being that area, but could not confirm the permanent presence of either species.

On Feb. 11, the county Planning Board decided that the possibilities of a nearby eagles' nest and black terns were too fuzzy and recommended 7-2 that the county commissioners approve the proposed subdivision.

Then on Feb. 13 and Feb. 18, two state wildlife biologists visited that area. Each time, they saw one eagle in the nest and another one nearby, according to the state's Feb. 18 letter.

"We now know that this is an occupied bald eagle nest," wrote Jim Williams, the department's regional wildlife manager.

In a phone interview, John Vore, one of the two biologists who confirmed that the eagles' nest is in use, also said it is strongly suspected that black terns nest in that area.

In July 2006, wildlife experts spotted 48 black terns about 600 feet from the proposed subdivision.

Montana's Bald Eagle Management Plan recommends that a half-mile buffer be placed between a nest and any permanent human activity. The state wildlife department recommended that no houses be built on the 10 lots closest to the nest.

However, the management plan is a guideline and is not a law, Williams' letter said.

But the federal Bald and Golden Eagle Protection Act of 1940 prohibits disturbing bald eagles, the letter continued.

The state letter defined "disturb" as injuring an eagle; interfering with its normal breeding, feeding or shelter behaviors; or causing it to abandon its nest.

The maximum fine is $100,000 for a person and $200,000 for an organization, or potential imprisonment of up to one year - for a first offense. Penalties increase with subsequent offenses.

The Planning Board's recommendation to approve McGregor Pines - w ith all 28 lots - has not yet gone before the Flathead County commissioners.

The commissioners have the choices of approving the board's recommendation, changing it, or sending it back to the Planning Board for more work and possibly another public hearing. This proposed subdivision already has gone before the Planning Board twice.

The state's eagle management plan makes the following recommendations for a housing development overlapping a half-mile buffer zone around an eagles' nest:

n Dispersed recreational activities are allowed in a buffer area. But heavy equipment use, blasting and concentrated recreational use should not occur. More activities are allowed during non-nesting months.

n Permanent developments should not be allowed within the buffer zone.

n Structures such as overhead utility lines should not be built in the buffer zone.

The bald eagle was removed from the federal endangered and threatened species list in 2007.

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