Att 2- GoldenEagleInventoryMonitoringProtocol.pdf

Interim Golden Eagle Inventory and Monitoring Protocols; and Other Recommendations

Joel E. Pagel, Ph.D.1, Diana M. Whittington2, George T. Allen, Ph.D.2.

U.S. Fish and Wildlife Service

February, 2010

1 Ecological Services, U.S. Fish and Wildlife Service, Carlsbad, California 2 Division of Migratory Bird Management, U.S. Fish and Wildlife Service, Arlington, Virginia

Interim Golden Eagle Inventory and Monitoring Protocols; and Other Recommendations

Table of Contents:

I Purpose 2

II Background 2

III Management Need 6

IV Basic Golden Eagle Ecology 7

V Golden Eagle Responses to Disturbance 10

VI Overall Objectives of the Golden Eagle Survey Protocol 11

VII Inventory Techniques 12

VIIa Procedures for Aerial and Ground Monitoring Surveys 13

VIIb Aerial Surveys 15

VIIc Ground Surveys 18

VIII Observer qualifications 20

IX Documentation and Accepted Notation of Territory/Nest Site 21 and Area Surveyed

X Additional Considerations 23

XI Acknowledgements 24

XII Literature Cited 25

XIII Glossary 29

Recommended citation:

Pagel, J.E., D.M. Whittington, and G.T. Allen. 2010. Interim Golden Eagle inventory and monitoring protocols; and other recommendations. Division of Migratory Bird Management, U.S. Fish and Wildlife Service.

I. Purpose

This document identifies the minimum inventory and monitoring effort recommended for determining and evaluating potential Golden Eagle (Aquila chrysaetos canadensis) use of habitat including nest sites, roosts, and territories, as well as the rationale for identifying and evaluating foraging locations during breeding and non‐breeding periods. It also outlines the minimum monitoring techniques to ascertain occupancy and reproductive success at territories.

These field efforts are the mutual responsibility of agencies authorizing activities and their permittees (i.e. action agency; see Glossary). They are essential components for avoiding and minimizing disturbance and other kinds of take, including lethal take, and are a necessary component of short and long‐term site specific monitoring and management of local Golden Eagles and regional Golden Eagle populations. The data gathered will provide information on the baseline circumstances for evaluation of permit applications and foundation for permit conditions, as well as assist planners so they may conduct informed impact analyses and mitigation during the National Environmental Policy Act (NEPA) process. Data collected via this effort will also help:

1. Determine the fate and reproductive trends of regional nesting populations via collating information from observed territories;

2. Document and list historical and unsurveyed habitat for future analysis to assist in determining local and regional population trajectories;

3. Provide information to document whether local Golden Eagle conservation efforts are meeting goals for improvements in the status of the species; and

4. Provide a foundation for evaluation of whether and which activities or conditions may be affecting Golden Eagles.

II. Background

Golden Eagles are protected by the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act (Eagle Act), both of which prohibit take. Take means pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, destroy, molest, or disturb. When the Bald Eagle (Haliaeetus leucocephalus) was delisted under the Endangered Species Act (ESA), and in order to improve management of both species of eagles under the Eagle Act, the U.S. Fish and Wildlife Service (Service) undertook a series of management actions, including:

• Codifying a regulatory definition of “disturb” under the Eagle Act (see 72 FR 31132, June 5, 2007). Disturb means to agitate or bother a Bald Eagle or a Golden Eagle to a degree that causes, or is likely to cause, based on the best scientific information available, 1) injury to an eagle, 2) a decrease in its productivity, by substantially interfering with normal breeding, feeding, or sheltering behavior, or 3) nest abandonment, by substantially interfering with normal breeding, feeding, or sheltering behavior.

• Proposing permit regulations to (1) Create a new permit type to authorize take of Bald Eagles and Golden Eagles that is associated with, but not the purpose of, the activity;

and (2) Create a second new permit type to authorize purposeful take of eagle nests that pose a threat to human or eagle safety (subsequently broadened to accommodate additional circumstances). The regulations were finalized on September 11, 2009 (74 FR 43686).

Summary of the new regulations.

Permits issued under 50 CFR § 22.26 authorize take of Bald Eagles and Golden Eagles, where the take is associated with, but not the purpose of the activity, and cannot practicably be avoided. Most take authorized under this section will be in the form of disturbance; however, permits may authorize lethal take that results from, but is not the purpose of, an otherwise lawful activity. Purposeful take will not be authorized under § 22.26.

The second new permit regulation, at 50 CFR 22.27, establishes permits for removing eagle nests where (1) necessary to alleviate a safety hazard to people or eagles, (2) necessary to ensure public health and safety, (3) the nest prevents the use of a pre‐existing human‐ engineered structure, or (4) the activity, or mitigation for the activity, will provide a net benefit to eagles. Only inactive nests during the non‐breeding season may be taken, except in the case of safety emergencies.

Regulations under § 22.27 authorize removal and/or relocation of active and inactive eagle nests in cases where genuine safety concerns for people, eagles, or both, necessitate the take.

Examples include: (1) a nest tree that appears likely to topple onto a residence; (2) at airports to avoid collisions between eagles and aircraft; and (3) to relocate a nest built within a reservoir that will be flooded.

Both regulations are provided for by the Eagle Act which gives the Secretary of the Interior the authority to permit the limited take of Bald Eagles and Golden Eagles “for the protection of...

other interests in any particular locality.” Additionally, both new regulations:

o Are applicable to Golden Eagles as well as Bald Eagles.

o Authorize take only where it is compatible with the preservation of the eagle. For purposes of these regulations, “compatible with the preservation of the Bald Eagle and the Golden Eagle” means consistent with the goal of stable or increase of breeding populations.

o Authorize take only where it cannot practicably be avoided.

o Include provisions for programmatic take. Programmatic take (take that is recurring and not in a specific, identifiable timeframe and/or location) will be authorized only where it is unavoidable despite implementation of comprehensive measures developed in cooperation with the Service to reduce the take below current levels.

Additional needs for Golden Eagle information and evaluation.

As part of an adaptive management approach to the permits and eagle management, the Service will assess, at least every five years, overall population trends along with annual report data from permittees and other information to assess how likely future activities are to result in the loss of one or more eagles, a decrease in productivity of Golden Eagles, and/or the permanent loss of a nest site, territory, or important foraging area. Therefore, implementation of the new permit regulations will entail requirements for cumulative effects analyses and identifying the impacts of an activity. We include them here to provide the context and framework for the protocols and recommendations in this document.

Cumulative effect considerations.

Whether the take is compatible with eagle preservation includes consideration of the cumulative effects of other permitted take and additional factors affecting eagle populations.

Cumulative effects are defined as: “the incremental environmental impact or effect of the proposed action, together with impacts of past, present, and reasonably foreseeable future actions” (50 CFR 22.3). Numerous relatively minor disruptions to eagle behaviors from multiple activities, even if spatially or temporally distributed, may lead to disturbance that would not have resulted from fewer or more carefully sited activities. The accumulation of multiple land development projects or siting of multiple infrastructures that may be hazardous to eagles can cumulatively reduce the availability of alternative sites suitable for breeding, feeding, or sheltering, resulting in a greater than additive risk of take to eagles.

To ensure that impacts are not concentrated in particular localities to the detriment of locally‐ important eagle populations, cumulative effects need to be considered at the population management level—Service Regions for Bald Eagles and Bird Conservation Regions for Golden Eagles—and, especially for project‐specific analyses, at local area population levels (the population within the average natal dispersal distance of the nest or nests under consideration). Eagle take that is concentrated in particular areas can lead to effects on the larger management population because 1) disproportionate take in local populations where breeding pairs are 'high' producers may reduce the overall productivity of the larger population; and 2) when portions of the management population become isolated from each other the productivity of the overall management population may decrease.

Identifying the Impacts of the Activity

The applicant for an Eagle Act permit (who can be a project proponent or the agency preparing the NEPA), has four subtasks to determine the likely effects of a project or activity on eagles:

a. Collection and synthesis of biological data. The applicant is responsible for providing up‐to‐ date biological information about eagles that breed, feed, shelter, and/or migrate in the vicinity of the activity that may potentially be affected by the proposed activity. Biological information can include locations and distribution of nests, delineation of territories, prey base, general composition and relative abundance, and productivity data.

b. Identifying activities that are likely to result in take. As part of the permit application, the applicant must include a complete description of the actions that: (1) are likely to result in eagle take, and (2) for which the applicant or landowner has some form of control. For most applications, the activity will be specific and well‐defined (e.g., home construction;

water use development) or land use activity (e.g., forestry). For larger‐scale permits, each applicant will need to determine the extent of impacts to include in the permit authorization and, if necessary, which ones to exclude.

c. Avoidance and minimization measures. An application for a § 22.26 permit must document the measures to which the applicant will commit to avoid and minimize the impacts to eagles to the maximum degree practicable.

d. Quantifying the anticipated take. The take authorized under a permit will depend on a variety of factors, including: (1) the number of eagles that breed, feed, shelter, and or migrate within the activity area, (2) the degree to which the eagles depend on that area for breeding, feeding, or sheltering, or migration, and thus are more likely to be present and affected, (3) the potential of that type of activity in general to take eagles, (4) the scale of the activity, and (5) the measures the applicant will undertake to avoid and minimize the take.

Federal agencies have additional responsibilities to Golden Eagles under Executive Order 13186 (66 FR 3853, January 17, 2001), which reinstated the responsibilities of Federal Agencies to comply with the Migratory Bird Treaty Act of 1918. The Executive Order establishes a process for Federal Agencies to conserve migratory birds by avoiding or minimizing unintentional take and taking actions that benefit species to the extent practicable. Agencies are expected to take reasonable steps that may include restoring and enhancing habitat. Environmental analyses of Federal actions required by NEPA or other environmental review processes must evaluate the effects of actions and Federal agency plans on migratory birds, including Golden Eagles.

Golden Eagle populations are believed to be declining throughout their range in the contiguous United States (Harlow and Bloom 1989, Kochert and Steenhof 2002, Kochert et al. 2002, Good et al. 2007, Farmer et al. 2008, Smith et al. 2008, 74 FR 46836‐46879). The Service has modeled current data (USFWS 2009, Appendix C), employing Moffat’s equilibrium (Hunt 1998) and Millsap and Allen’s (2006) analysis of anthropogenic demographic removal, and estimated that the floating (non‐breeding and surplus) component of the Golden Eagle population in some areas may be limited at this time. Data from the Western EcoSystems Technology Inc. surveys from 2006 through 2009 suggest a decline since 2006 in the total Golden Eagle population within the area covered by the surveys (Neilson et al. 2010, USFWS 2009, Appendix C).

Significant Golden Eagle breeding failures have been reported in some areas of the southwestern United States (WRI 2009), and declines in counts of migrating Golden Eagles have been reported in most areas in the western United States (Farmer et al. 2008, Smith et al.

2008), although it is unclear if the latter is linked to a decrease in the number of eagles.

III. Management Need

Prior to initiating inventory and monitoring efforts, land management agencies and/or proponents of land use activities should first assess all existing recent and historical data available on eagles, including their nests, reproductive activity and chronologies, natal dispersal, pertinent data from VHF and satellite telemetry, winter roosts, migration corridors, and foraging habitats contained by and 4 ‐ 10 + miles of areas slated for development or authorizations for increased human activity. This background search of available information may yield few data, but is necessary to alert project proponents and regulatory staff about data gaps, and existing knowledge of Golden Eagles for that area. Inventory, monitoring, and research activities may then be identified and funded to fill in site specific information gaps to avoid take of Golden Eagles. Specific recommendations for the number of years needed for baseline data and measures to avoid take should be developed in coordination with the Service, and, to reduce redundancy between management and permitting requirements, consistent with permit requirements outlined in the Draft Implementation Guidelines for the new rules (expected fall 2010).

Projects in Golden Eagle breeding home ranges on federal, state, and private land possibly will have direct, indirect, and cumulative effects associated with or exacerbated by, factors such as:

recreation disturbance, electrocution, urbanization, illegal shooting, invasive species altering prey densities, lead poisoning, other contaminants, climate change, and prolonged drought which affects predator and prey abundance and distribution. In many cases, existing data may not be adequate for NEPA, planning, or permitting purposes. Therefore, inventory and subsequent monitoring of Golden Eagles and components of their habitats are important to

1) develop a baseline prior to project planning and prior to project development in Golden

Eagle habitat, 2) analyze impacts to the species, 3) continue to evaluate and report on the effects of the action and mitigation on Golden Eagles, 4) essential to adaptive management approaches, and 5) provide information that may be required for permits.

Project design, type, and siting of project footprint and infrastructure are critical to avoid disturbance and take of Golden Eagles. In the Final Environmental Assessment on the rule and in the draft Implementation Guidance, the Service recommended that when planning locations of infrastructure and project boundaries, action agencies and project proponents consider life‐ history components such as productivity, age‐class survival, dispersal, migration, winter‐ concentration behavior, and foraging behavior during breeding and non‐breeding seasons to avoid lethal take. The Service recommends use of the best available or gathered information applicable to the location of the project or plan, but also encourages efforts to conduct further research. For permitting purposes however, and to determine the likelihood and magnitude of take, as well as effectiveness of mitigation, monitoring will need to yield productivity information.

Note: This document does not address site specific observations for transitory or wintering eagles; these protocols will be forthcoming. Although the life history for transitory and wintering eagles is not discussed at length here, that does not imply a lack importance for site‐ specific observations from the Service’s perspective. The document provides general recommendations for factors to consider outside nesting, until more specific protocols are developed.

IV. Basic Golden Eagle Ecology

This account is not intended as a compendium of Golden Eagle natural history, biology, ethology, or ecology; please refer to Watson (1997), Palmer (1988) and Kochert et al. (2002) for more detailed information.

Where they exist, Golden Eagles are an upper‐trophic aerial predator, and eat small to mid‐ sized reptiles, birds, and mammals up to the size of mule deer fawns and coyote pups (Bloom and Hawks 1982). They also are known to scavenge and utilize carrion (Kochert et al. 2002).

Golden Eagles nest in high densities in open and semi‐open habitat, but also may nest at lower densities in coniferous habitat when open space is available, (e. g. fire breaks, clear‐cuts, burned areas, pasture‐land, etc.). They can be found from the tundra, through grasslands, woodland‐brushlands, and forested habitat, south to arid deserts, including Death Valley, California (Kochert et al. 2002). Historically, Golden Eagles bred in the Plains and Great Lake states. Golden Eagles currently breed in and near much of the available open habitat in North America west of the 100th Meridian, as well as in eastern United States in the northern Appalachian Mountains (Palmer 1988, Kochert et al. 2002). The Lee and Spofford (1990) review of the literature for the eastern portion of the United States suggested historical nesting Golden Eagles south of New York in the Appalachians was unlikely. Nesting of introduced Golden Eagles has been reported in Tennessee and northwestern Georgia (Kochert et al. 2002), but we do not know if those territories are still extant.

A nesting territory for the purpose of this monitoring protocol is an area that contains, or historically contained, one or more nests within the home range of a mated pair. It is a confined locality where nests are found, usually in successive years, and where no more than one pair is known to have bred at one time (Steenhof and Newton 2007).

Golden Eagles avoid nesting near urban habitat and do not generally nest in densely forested habitat. Individuals will occasionally nest near semi‐urban areas where housing density is low and in farmland habitat; however Golden Eagles have been noted to be sensitive to some forms of anthropogenic presence (Palmer 1988). Steidl et al. (1993) found when observers were camped 400 meters from nests of Golden Eagles, adults spent less time near their nests, fed their juveniles less frequently, and fed themselves and their juveniles up to 67% less food than when observers were camped 800 meters from nests. In studies of Golden Eagle populations in the southwest (New Mexico and Texas) and the Front Range of the Rocky Mountains (New Mexico, Colorado and Wyoming), Boeker and Ray (1971) reported that human disturbance accounted for at least 85% of all known nest losses. Breeding adults are sometimes flushed from the nest by recreational climbers and researchers, sometimes resulting in the loss of the eggs or juveniles due to nest abandonment, exposure of juveniles or eggs to the elements, collapse of the nest, eggs being knocked from the nest by startled adults, or juveniles fledging prematurely. However, Golden Eagles rarely flushed from the nest during close approaches by fixed‐wing aircraft and helicopters during various surveys in Montana, Idaho, and Alaska (Kochert et al. 2002).

Golden Eagles nest on cliffs, in the upper one third of deciduous and coniferous trees, or on artificial structures (windmills, electricity transmission towers, artificial nesting platforms, etc.;

Phillips and Beske 1990, Kochert et al. 2002). Golden Eagles build nests on cliffs or in the largest trees of forested stands that often afford an unobstructed view of the surrounding habitat (Beecham 1970, Menkens and Anderson 1987). Usually, sticks and soft material are added to existing nests, or new nests are constructed to create a strong, flat or bowl shaped platform for nesting (Palmer 1988, Watson 1997, Kochert et al. 2002). Sometimes Golden Eagle will decorate multiple nests in a single year; continuing to do so until they lay eggs in the selected nest. The completed nest structure(s) can vary from large and multi‐layered; or a small augmentation of sticks in caves with little material other than extant detritus (Ellis et al.

2009). Most Golden Eagle territories have up to 6 nests, but they have been found to contain up to 14 nests (Palmer 1988, Watson 1997, Kochert et al. 2002).

Onset of courtship and nesting chronology

Courtship for Golden Eagles involves stick‐carrying, display flights, and vocalization (Ellis 1979, Kochert et al. 2002). Golden Eagles partake in undulating flight, however undulating flight has been observed year‐round and is thought to be associated more with aggression and territory defense than with courtship (Newton 1979, Harmata 1982, Collopy and Edwards 1989, Watson 1997).

Nesting chronologies vary however there are some generalities. In California and in Texas, courtship at territories start in mid to late December (Palmer 1988, Hunt et al. 1997, D. Bittner pers. com); in Texas eggs have been detected as early as November (Olberholser and Kincaid 1974, in lit.). In Utah, courtship can commence in January. In northern tier states at upper latitudes and higher elevation sites, egg laying can occur as early as February and March, before late winter snows and storms have abated (Palmer 1988).

Golden Eagles lay 1 to 4 eggs, with 4 egg clutches rare. Most nests have 2 eggs. The laying interval between eggs ranges between 3 to 5 days. Incubation commences as soon as the first egg is laid, and hatching is asynchronous and can begin as early as late January in southern California (Dixon 1937, Hickman 1968), mid April to late May in southwest Idaho (Kochert et al.

2002) and late March–early May in central and northern Alaska (McIntyre 1995, Young et al.

1995; Fig. 3). In Texas, eggs have been noted from November to June (Oberholser and Kincaid 1974, in lit.). In the northeast United States, eggs have been laid in March/April (Palmer 1988).

For more detail, please refer to Kochert et al. (2002, Appendix 2).

Migration and Wintering

Golden Eagles will migrate from the Canadian provinces and northern tier and northeastern states to areas that are milder in the winter and/or may have less snow cover. Wintering Golden Eagles have been noted in all states in the continental U.S. (Wheeler 2003, 2007). Some segments of the population can be found near their nest sites throughout the year. See Kochert et al. (2002) for detailed listing of winter range.

Roosts or gathering behavior

Golden Eagles are not known to roost communally as is common with wintering Bald Eagles in some areas of the United States, but will gather together if local food sources are abundant. A caveat to this is that Golden Eagles have perched with bald eagles where there have been large concentrations of waterfowl or carrion (Palmer 1988).

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V. Golden Eagle Responses to Disturbance

Golden Eagles,visibly display behavior that signifies disturbance when they are stressed by anthropogenic activities; whether it is a lone hiker walking 1000 meters or more from a nest, or extended construction or recreation activities 2000 – 5000 meters from a territory. These postures, movements and behaviors can be overt. However with Golden Eagles, disturbance behaviors are often subtle and require an experienced observer. Olendorff (1971), Fyfe and Olendorff (1976), and Olsen and Olsen (1978) identified considerations when human interactions may disturb nesting activities, and how to ascertain critical distances to avoid agitating nesting, roosting, and foraging raptors. Factors affecting critical distances included:

1. Mannerisms of intruder,

2. Size of intruder,

3. Stage of breeding cycle, and

4. Topography and exposure of intruder in relation to bird.

Golden eagle behavior varies among individuals and can be affected by previous experiences.

However, some behavioral generalities relative to direct and indirect disturbance include the following:

1. Agitation behavior (displacement, avoidance, and defense),

2. Increased vigilance at nest sites,

3. Change in forage and feeding behavior, and/or

4. Nest site abandonment.

Of the preceding behaviors, nest‐site abandonment constitutes take under the Eagle Act, as it is specifically cited in the definition of ‘disturb’. The other behaviors, when considered cumulatively, may be evidence that activities are interfering with normal breeding behavior and are likely to lead to take. Human intrusions near Golden Eagle nest sites have resulted in the abandonment of the nest; high nestling mortality due to overheating, chilling or desiccation when young are left unattended; premature fledging; and ejection of eggs or young from the nest (Boeker and Ray 1971, Suter and Joness 1981).

VI. Overall Objectives of the Golden Eagle Survey Protocol

This survey protocol is intended to standardize procedures to inventory and monitor Golden Eagles within the direct and indirect impact areas of planned or ongoing projects where disturbance or lethal take from otherwise permitted human activities is possible. This protocol will identify eagle use areas and identify and minimize potential observer‐related disturbance to Golden Eagles by surveys when conducted by qualified and experienced raptor biologists.

Additionally, data collected using this protocol may be used for, at a minimum, 1), sampling other geographic areas where suitable habitat may be present; 2) short and long‐term analysis of Golden Eagle occupancy and productivity at known nest sites, and historical locations where observation to determine occupancy maybe necessary; 3) identification and evaluation of potential disturbance factors. This protocol will standardize data collection for potential local and regional analysis of long‐term occupancy, productivity and eagle use trends. It was developed as minimum standards, and as such may require additional area‐specific detail if used for research purposes.

Objectives of inventory and monitoring

The first objective of these surveys is to provide methods to identify areas occupied by Golden Eagles and select factors their behavior ecology. Additional objectives of these surveys include the following.

1. Record and report occupancy and productivity of local Golden Eagle territories.

2. Document and list historical and unsurveyed habitat for future analysis to assist in determining local and regional population trajectories.

3. Determine nesting chronologies.

4. Provide information to document whether local Golden Eagle conservation efforts meet permit conditions or goals for improvements in the status of Golden Eagles.

5. Provide a foundation to evaluate whether and which activities or conditions may be affecting Golden Eagles.

6. Document foraging behavior, diet and habitat use within breeding and non‐ breeding home ranges.

VII. Inventory Techniques

CAUTION

Golden Eagles are one of several cliff and tree dwelling species sensitive to human disturbance.

Monitoring eagles in a manner that ‘disturbs’ them, and causes them to be ‘agitated or bothered’ can cause nesting failure, and permanent site abandonment, constituting take under the Eagle Act.

These monitoring protocols should facilitate observer caution and identify techniques that will minimize potential for take of Golden Eagles. For additional information regarding preventing observer disturbance while surveying raptors, please refer to Fyfe and Olendorff (1976).

Inventory

Inventories for Golden Eagles should occur if nesting, roosting, and foraging habitat are contained within the project boundary and exist within 10 miles of the project boundary. Local and regional Golden Eagle habitat variability will dictate the distance from the project boundary where surveys will occur; distances will be greater in xeric or other habitats where local prey may not be abundant. The Service will be basing its site‐specific evaluations and final determinations on local conditions, not national averages.

Nesting habitat

This account is not intended as a compendium of Golden Eagle habitat available and used in North America; please refer to Palmer (1988) and Kochert et al. (2002) for more detailed information.

Golden Eagles use a wide variety of habitat throughout North America. Small xeric mountain ranges in the Mohave and Great Basin deserts, forested habitat in the Pacific coastal, southern desert, Great Basin, Rocky, Sierra, and Cascade Mountain ranges are also key nesting areas.

Local and regional variation of nesting habitat should be considered prior to surveys; however should include cliff, desert scrub, juniper woodland, and forested habitat. For example, in the northern Great Basin, Golden Eagles nest on cliff and in scrub‐forest habitat; surveys of both types of substrates are urged prior to projects that have a potential to affect eagles.

Identification criteria for nesting habitat at the local scale should take place in coordination with the Service, State, or Tribal wildlife agencies, and raptor experts.

VII.a. Procedures for aerial and ground inventory and monitoring surveys

Golden Eagles generally show strong fidelity to the nesting area annually. Occupancy determination is the most important goal of nest searches. Considerable suitable habitat exists in western North America that has never been adequately surveyed. Inventory surveys should examine habitat where Golden Eagles are not currently known to exist but habitat may be present, as well as previously inventoried areas to detect new activity. Monitoring surveys examine all historical and extant territories where Golden Eagles have been detected either previously or in the current survey.

A nesting territory or inventoried habitat should be designated as unoccupied by Golden Eagles ONLY after at least 2 complete aerial surveys in a single breeding season. In circumstances where ground observation occurs, at least 2 ground observation periods lasting at least 4 hours or more are necessary to designate an inventoried habitat or territory is unoccupied as long as all potential nest sites and alternate nests are visible and monitored. These observation periods should be at least 30 days apart for inventory, and at least 30 days apart for monitoring of known territories. Intervals between observations at occupied nesting territories may need to be flexible and should be based on the behavior of the adults observed, the age of any young observed, and the data to be collected (see below, Section IX). Dates of starting and continuing inventory and monitoring surveys should be sensitive to local nesting (i.e. laying, incubating, and brooding) chronologies, and would be conducted during weather conditions favorable for aerial survey and/or monitoring from medium to long range distances (+ 300 – 700 meters).

The first inventory and monitoring surveys should be conducted during courtship when the adults are mobile and conspicuous. When survey of historical territories is conducted, observers should focus their search on known alternative nests, and also carefully examine the habitat for additional nests which may have been overlooked or recently constructed. A ‘decorated’ nest will be sufficient evidence to indicate the probable location of a nesting attempt. If a decorated nest or pair of birds is located, the search can then be expanded to inventory likely habitat adjacent to the discovered territory to see if additional golden eagle territories can be observed.

Note: Identification of alternate nests will be required by the Service for determination of relative value of individual nests to a territory in cases of applications for permits to take ‘inactive’ nests, and when determining whether abandonment of a particular nest is likely to result in abandonment of a territory. The Service has determined that territory loss or permanent abandonment of a territory is a greater impact to populations than temporary abandonment of a nest.

Weather: Avoid searching potential and known nesting locations during periods of heavy rain, snow, high winds, or severe cold weather. Golden Eagles should not be induced to flush at any time during the survey period. Flushing when the adults are incubating or have small young can be particularly hazardous for successful nesting, and could constitute lethal disturbance take. High temperatures also may cause problems for successful viewing over long distances due to heat waves. Further, observer related incidences of causing flight of adults that are shading young to prevent overheating during high temperatures may cause mortality of the young. Observation for Golden Eagles during inclement weather is impractical, uncomfortable, and unsafe for Golden Eagles and observers. Weather will be recorded by the observer.

Time of day: Aerial surveys should be conducted at the beginning of the day if winds permit.

Likewise, ground surveys should be initiated, where possible, in morning hours when the air is still to avoid heat waves. Prime observation periods are around dawn, or shortly thereafter. In some cases the angle of the sun in relation to the cliff can be a more important issue, and some cliffs are better observed in afternoon light, however observations of adult behavior that are used to determine nesting chronologies may be conducted during most of the day.

Observers should be aware of the angle of the sun in relation to the observation post and the nest. Some sites are plagued by afternoon winds, heat waves, or dust storms; local observation conditions should be taken into account prior to establishing viewing periods. Time of day will be recorded by the observer.

Time of year: Breeding surveys for Golden Eagles are latitude and elevation dependent;

however, their nesting season ranges in the contiguous United States from 01 January to 31 August (Kochert et al. 2002). Nesting failures and seasonal variations should be considered as potential anomalies to ‘normal’ behavior and nesting chronologies. Dates to be used as a cut‐off period for observation and reporting of nesting failures or non‐nesting status will vary per region. The dates listed below are to be used as general guides, and should not be used as final nest site failure survey determination dates. Location‐specific determination dates should be developed in coordination with the Service, State, or Tribal wildlife agencies, and raptor experts.

Duration of stay at observation points: Ground observers will survey from observation points for a minimum of 4 hours, unless observations yield Golden Eagle presence, or Golden Eagle behavior indicate eggs or young, or observation suggests the observer is disturbing the birds. Slowly walking and observing all potential nesting substrate can be used to completely inventory potential habitat.

Observation periods may last longer as longer observation periods may be necessary to accurately determine nesting chronologies. Duration of stay at known or suspected territories during helicopter reconnaissance, or during ground observation periods will be recorded by the observer.

VII.b Aerial surveys

Helicopters are an accepted and efficient means to monitor large areas of habitat to inventory potential habitat and monitor known territories only if accomplished by competent and experienced observers. They can be the primary survey method, or can be combined with follow‐up ground monitoring. Disturbance to eagles is minimal only WHEN accepted aerial practices and techniques are followed. NOTE: Ground surveys can be used when their use is more efficient, or when other circumstances (e.g. bighorn sheep lambing areas) require this method.

Coordination between state and federal agencies is an important aspect of aerial surveys to develop acceptable search criteria to be used for identifying likely suitable nesting habitat and locating nests, as well as to be become acquainted with potential hazards and air space restrictions. Survey pilots should be aware of potential ground hazards within the habitat to be examined, including marked and unmarked transmission and wires. Other hazards to surveyors include rock‐fall or tree fall from above the helicopter, raptors or other birds colliding with the helicopter, and collision with other aircraft. Although pilots are often the first to note a flying raptor during surveys, some accidents involving wildlife researchers have been attributed to the pilots focusing on the survey, rather than giving their complete attention to flying the helicopter.

Helicopters used for surveying Golden Eagle habitat should be light utility, small to medium sized (such as the MD‐500/520, Eurocopter 145, Bell Jet‐Ranger 206, or UH‐72). The aircraft should be capable of vertical mobility in warm temperatures and at higher elevations.

Inventories for raptors can be conducted with the main observer door(s) removed (which may provide more lateral and horizontal visibility), or with the doors closed. The decision regarding observer doors should remain a personal choice, with the safety of pilots and observers as the primary determinant.

Cliffs should be approached from the front, rather than flying over from behind, or suddenly appearing quickly around corners or buttresses. Inventories should be flown at slow speeds, ca.

30 – 40 knots. However, detection of nests may require slower speeds, e.g. 20 knots, while between nest speeds can be higher (+ 60 knots). All potentially suitable nesting habitats (as identified in coordination with the Service) should be surveyed; multiple passes at several elevation bands may be necessary to provide complete coverage when surveying potential nesting habitat on large cliff complexes, escarpments, or headwalls. Hovering for up to 30 seconds no closer than a horizontal distance of 20 meters from the cliff wall or observed nests may be necessary to discern nest type, document the site with a digital photograph of the nest, and if possible, allow for the observer to read patagial tags, count young, and age young in the nest (Hoechlin 1976). Confirmation of nest occupancy may be confirmed during later flights at a greater horizontal distance.

Re‐nesting is rare, but Golden Eagles may fail at their first nest attempt, and move to, or create, an alternate nest site. Multiple visits to known or potential nesting habitat may be necessary to provide complete observation and coverage of habitat.

To inventory for the purpose of documenting presence/absence of Golden Eagles in potential habitat, at least 2 aerial observation flights of habitat are necessary. These flights will be spaced no closer than 30 days apart. Additional inventory work in the territory is not necessary after nests have been located where Golden Eagles are found incubating, or where eggs or young and number of eggs or young are noted. At this point, the observation effort should switch to monitoring of the known territory. The nest location should be documented (see territory/nest naming convention, pp. 20.

Inventory and monitoring flights will be based on local knowledge of known nesting chronologies for that latitude and elevation, and should be timed to be the most efficient to reduce the number of visits to the nest site. Flights may occur preferentially during a) late courtship, b) egg‐laying though hatch, and/or c) when the young are between 20 and 51 days old. Productivity surveys are best scheduled when the young are 51 days old or more, but prior to fledging. Aerial visits at known nests may be augmented or replaced by ground observation (see below).

Other raptors or special status species may be observed during the flight, and should be recorded/reported. Coordination with state and federal agencies will be necessary when state or federally listed Threatened, Endangered or special status (species of concern, sensitive, etc.)

species are present in the flight survey area (i.e. big‐horn sheep, peregrine falcons, etc.).

Bighorn sheep share the same type of cliff complexes Golden Eagles use for nesting, and are hyper‐sensitive to helicopters (Weyhausen 1980, Bleich et al. 1990). Specifically for bighorn sheep lambing areas, helicopter reconnaissance and surveys for Golden Eagles are not possible as these flights will induce unpermitted take during the lambing season; all helicopter survey work for Golden Eagles should be avoided in known lambing areas. Ground observation will be necessary for inventory of cliff complexes and monitoring of potential and known Golden Eagle territories in bighorn sheep lambing areas.

Most Golden Eagle respond to fixed wing aircraft and helicopters by remaining on their nests, and continuing to incubate or roost (DuBois 1984, McIntyre 1995). Perched birds may flush.

During aerial surveys, deference to flying eagles should be given at all times. Flights at nest sites should be terminated and the helicopter should bank away and move to the next location if Golden Eagles appear to be disturbed; i.e. behavior that indicates the birds are agitated by the presence of the helicopter. In short, observers should obtain their data, and leave as soon as possible.

Any disturbance behavior observed should be noted so that consecutive aerial surveys would be sensitive to Golden Eagles at that location. Aerial reconnaissance to inventory/survey for potential habitat and additional visits at known nests may be augmented/replaced by ground observation from a safe distance (see below). Ground observation may be the recommended alternative to additional survey flights due to convenience or necessitated by other sensitive wildlife species. Follow‐up ground observation from a safe distance may also be the recommended alternative for additional nest site monitoring.

Observers in helicopters have specific duties. At least two observers may be best for aerial surveys; one the lead observer, the other(s) supplement survey effort. One observer is assigned to record data on a recorder (unless the verbal interchange can be recorded on the helicopters internal communication system), and the other briefly records data on hard‐copy and with digital photographs. Aerial observation routes should be recorded, downloaded, and reported using Global Positioning System track routes or applicable software programs.

Observation locations and time‐on‐site should be recorded on applicable maps to ascertain coverage of cliff systems and other potentially suitable habitat.

Summary:

• Qualified observer(s) (as defined in section VIII).

• No closer than 10‐20 meters from cliff; no farther than 200 meters from cliff (safety dependent).

• Close approach and extended hovering is allowed when there are no birds on the nest to allow observers to count eggs, dead young, or confirm nest failure.

• Multiple passes or ‘bands’ (back and forth at different elevations above ground level) of observation across cliff habitat may be necessary to achieve complete coverage of a large cliff complex.

• Occupied territories and current and alternative nest sites will be documented;

nests containing fresh branches should also be delineated.

• After a nest with eggs, young, or an incubating adult has been located, there is no need to search for other nests within the territory.

• Minimal hovering time at a known or potential nest should be less than 30 seconds.

• At least 2 surveys of previously unsurveyed habitat will be spaced at least 30 days apart.

VII.c. Ground Surveys

Ground surveys of potential habitat

Ground surveys for Golden Eagles in potential habitat may be achieved without aerial support, or may be used to augment extant aerial surveys. Ground surveys to detect Golden Eagle nests and the selected nest at known territories are effective in habitat where observation points are established to observe areas on cliffs, utility towers, or in trees suspected to be nesting habitat.

As with aerial surveys, identification criteria for nesting habitat should take place in coordination with the Service, State or Tribal wildlife agencies, and raptor specialists.

Observation posts (OPs) are established during initial reconnaissance of potential or known nest cliffs, and are established in locations that are far enough from the potential nest site to effectively observe the behavior of the adults (if present) without disturbing nesting behavior.

Well‐placed OPs provide unobstructed viewing of the potential nest location or of the area to be surveyed; including a broad panorama of the surrounding habitat. Multiple OPs or walking surveys may be necessary to observe potential nest sites. OPs located in front of, and below the potential nest cliff or tree are best. Placing OPs below the potential nest cliff reduces stress if an incubating adult may be present. The distance from an OP to the potential nest site may range from 300 – 1600 meters (latter represents extreme circumstances) from the cliff base to the observer, and generally no greater than 700 meters.

Golden Eagles may use alternative nests. Detection of previously unknown alternate nests and observation of all known alternative nests will become important if Golden Eagles fail in their initial nesting attempt, or are not observed at the probable nest location.

Ground monitoring; known territories

Monitoring to document nesting success at known territories may occur solely via ground observations. Observation of known territories should use the methodology described for ground monitoring of potential habitat (see section VIIc). Dates of all visits to the nesting territory will be recorded; date of confirmation of nesting failure will be key data for site specific and regional analysis.

Nesting outcomes

Fledging success will be determined via the observation of young that are at least 51 days of age, or are known to have fledged from the observed nest. If there is whitewash (Golden Eagle defecation) and a well worn nest, young were previously observed in the nest to be > 4 weeks old during a previous visit, and the young would have been > 51 days old at the time of the visit, and no dead young are found after a thorough ground search, the nesting attempt can be deemed successful.

Nesting failure occurs when a nest where eggs were laid or where incubation behavior was observed fails to have any young reach 51 days of age. If necessary, nesting failure will be confirmed by using a spotting scope to view the nest to determine if dead young are observed.

Nesting failures may also be determined if observations of the nest prior to the projected fledge date yields no young or fledglings where eggs or young were previously observed. In these instances observation periods should last 4 hours (consecutively), or are confirmed by aerial survey. If dead young are observed in the nest (i.e. all young are dead), monitoring efforts may cease. Nest failures may also be confirmed by an approach (walk‐in) to the nest no more than 4 weeks after fledging was scheduled to occur. Observers will look for dead chicks at the base of the nest cliff or tree, where access is reasonable and safe.

Observers must document the criteria they use to conclude that success or failure occurred.

Summary

• Observation posts for monitoring known territories will be no closer than 300 meters for extended observations, and generally no further than 700 meters, where terrain allows. Maximum OP distance would be 1600 meters.

• To inventory and determine occupancy of cliff systems, there will be at least 2 observation periods per season. To determine fledging success, additional observations may (or may not) be necessary.

o Observation periods will last at least 4 hours for known nest sites, or until territory occupancy can be confirmed.

o Observation periods will last for at least 4 hours per 1.6 km of cliff system, based from the center point of that cliff complex.

o Observation periods will be at least 30 days apart for monitoring efforts.

• To collect monitoring data at a known nest territory, there will be at least 2 observation periods per season.

o Observation periods from ground observation points will last at least 4 hours for known nest sites or until nesting chronology can be confirmed per visit. Observation periods will be at least 30 days apart.

VIII. Observer qualifications

Surveyor experience affects the results of protocol‐driven raptor surveys. All observers should have the equivalent of 2 seasons of intensive experience conducting survey and monitoring of Golden Eagle and/or cliff dwelling raptors. That experience may include banding, intensive behavioral monitoring, or protocol‐driven survey work.