Eagles threatened by clearing too near VA.

[Donna]

JAMES CITY — A Toano subdivision recognized as a leader in conservation is at the center of an investigation of illegal clearing near an eagle’s nest.

It could be an accident, or a misunderstanding inspired by savvy eagles.

Jeff Cooper, non-game bird projects manager with Virginia Game & Inland Fisheries, said he received a report that at least part of a buffer zone around a bald eagle’s nest at River’s Bend at Uncle’s Neck had been cleared.

River’s Bend has been cited as an  example of how residential development and ecology can work well together. In 2008 the developer donated about half of the developable land, or 190 acres, to the Williamsburg Land Conservancy. It was promoted as protecting at least one active eagle’s nest and two great blue heron rookeries.

River’s Bend was praised for hiring a retired state wildlife biologist to develop a management plan. Officials believe the mistake happened at the individual-lot level, not the development level.

Cooper said that Bryan Watts, a leading eagle researcher with William & Mary’s Center for Conservation Biology, alerted officials of the clearing about a week ago. While bald eagles are no longer on the federal endangered list, they remain protected by two sets of federal wildlife laws and are further protected in Virginia, where they are still considered threatened.

River’s Bend promotional materials proclaim one active eagle’s nest. The center’s maps show one active and one “recently active.�

Watts isn’t taking calls on the matter. “He wanted to make clear that there is an open federal case... regarding the property mentioned in your inquiry, and neither he nor [the Center for Conservation Biology] is at liberty to discuss it with media or otherwise,� said outreach coordinator Carla Schneider in an e-mail response.

Dan Rolince, resident agent-in-charge of U.S. Fish & Wildlife Service’s Law Enforcement division in Richmond, confirmed that the department is investigating the incident but said it is too early to release information.

No charges have been filed, he said. Violating the Bald & Golden Eagle Protection Act can cost up to $100,000 and a year in jail for the first offense. The Migratory Bird Treaty Act and state laws also apply.

The developer seemed surprised.

“I have no clue what you’re talking about,� Associated Developers Inc. president Henry Stephens said. “We haven’t done any clearing [recently]. One of the lot owners has cleared a lot.�

He said that several abandoned eagle nests were identified in the area and that Watts himself flew the area to identify the nest sites when they were developing the plan.

The one active nest at that time wasn’t in the vicinity of the 35 homes, Stephens said, and he and his partners went through all of the permitting requirements.

Cooper echoed Stephens, noting that he remembers working with River’s Bend during the planning stages in 2006.

The nest in question was freshly lined, indicating recent residency, Cooper said.

Therein lies a dilemma. If a nest isn’t used for five seasons, it’s officially classified as abandoned, and the standard 660-foot buffer is lifted.

But the eagles don’t know that. What might have happened is that a pair moved into a nest that was legally abandoned.

Eagles also hedge their bets, sometimes preparing more than one nest during mating season in case any single one is compromised. Yet environmental plans are based on nest sites, not nest areas, Cooper said.

Cooper was unable to say when the clearing occurred, but one of the two most sensitive times for nesting is January-February when mating pairs in this region establish nest sites. The other is after eggs hatch, but before fledglings can fly. They may panic at disturbances, jumping out of nests. Startled mother eagles can also damage eggs and chicks when fleeing the nest, Cooper said.

More — Virginia  Game & Inland Fisheries and Norfolk Botanical Garden have a blog and camera on eagles at   dgif.virginia.gov/eaglecam. A fledgling was hatched Thursday.