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HomeMy WebLinkAbout502112035 Eagle Mgmt PlanCURT SMITCH D~recto~ July 9, 1992 STATE OF WASHINGTON DEPARTMENT OF WILDLIFE Linda Atkins Jefferson County Health'Department Castle Hill Center 615 Sheridan Port Townsend, WA 98368-2439 Dear Linda, The Washington Department of Wildlife has found Mr. Yukimori Moji's Dosewallips property, located in the SW 1/4 of Section 2, T. 25N, R. 2W, specifically, Gov't Lot 3; parcel number 298777, outside the Dosewallips Bald Eagle Management zone. As a result, septic permits for this parcel as well as permits for Mr. Moji's Gov't Lot 2, when applied for, may be issued. Thank you for your assistance in this difficult situation. Sincerely, Bald Eagle Management Biologist cc: Wise Smith - jEFFE'RS'ON I~OUNTY - OEPT. OF COMMUNITY OEVELOPMEN? -- . J i i i ii I II I I i ii Bald Eagle Nesting Territory Management Plan Dosewallips, Jefferson County Territory #879, Sec. 2, T. 25 N., R. 2 W. September, 1992 Prepared for: Yukimori Moji c/o Harold Coe 720 Olive Way, Suite 1300 Seattle, WA 98101-1812 Prepared by: Anita McMillan Washington Department of Wildlife 905 E. Heron Aberdeen, WA 98520 WASHINGTON DEPARTMENT OF WILDLIFE BALD EAGLE TERRITORY MANAGEMENT AGREEMENT On behalf of the people of the State of Washington, to which its wildlife belongs, the following agreement is hereby enacted for the purpose of protecting bald eagles and their habitats. The landowner and the Washington Department of Wildlife agree to the conservation measures described in the attached territory management plan. Territory Name: Dosewallips #879 Legal Description: S. 2, T. 25 N., R..2 W. Jefferson County, Washington In witness whereas mutually agreed upon and signed this of : day Landowner (signature) (print) Address City, State, Zip State of Washington Department of Wildlife Regional Manager Date Wildlife Biologist Region Table of Contents Introduction Site Description Eagle Ecology Proposed Land Use Management Terms and Conditions Monitor and Review Compliance INTRODUCTION The bald eagle is listed by the U.S. Department of Interior as a threatened species in Washington. The protection of nesting, roosting, and foraging habitats is critical to the effort to remove the bald eagle from threatened species status in Washington State. The bald eagle protection rules (WAC 282-12- 292) and the enabling legislation (RCW 77.12.655) were enacted in 1986 to provide protection to important eagle habitats. These rules were developed by a committee of landowners, the realty industry, and conservation organizations. The Washington Department of Wildlife (WDW) is directed by these rules to meet with landowners and state and local agencies to develop management plans for eagle nest territories and roosts that may be impacted by land use changes. Appendix 1 includes these rules and some other laws that provide protection to bald eagles and their habitat. The purpose of the bald eagle protection rules is to protect the habitat and thereby increase and maintain the population of the bald eagle so that the species no longer is classified as threatened or endangered in Washington State. The Pacific Bald Eagle Recovery Plan identifies the delisting criteria as follows: 1) Minimum of 800 nesting pairs in the Pacific recovery area (Washington, Oregon, California, Montana, Wyoming, Idaho and Nevada) ; 2) average reproduction rate of 1.0 fledged young per pair with an average success rate per occupied site of not less than 85% over a five year period; 3) attainment of breeding population goals in at least 80% of the manaq~ement zones with nesting potential (there are 47 management zones in the seven states within the Pacific Recover Area); and 4) stable or increasing winter populations. The Dosewallips bald eagle nesting territory is located in the Puget Sound Recovery Zone - #4. The Habitat Management Goal for Zone ~4 is 156 which is the minimum number of territories needed to sustain secure habitat for the recovered population. Although WDW has identified 243 occupied territories within this zone during 1991 the habitat within most of these territories has not been secured from potential land use impacts. According to the Pacific Bald Eagle Recovery Plan, -Habitat occupied by bald eagles must continue to be protected and managed · . · Forest stands used by eagles must be managed to maintain the long-term availability of nest sties, roosts, and foraging habitat-~ Because of rapidly increasing impacts by humans on the Pacific Northwest landscape, bald eagle recovery hinges upon our ability to identify and properly manage bald eagle habitat. The primary Page 1 threats to bald eagles in Washington are habitat degradation and human disturbance. This is a cooperative management plan between WDW and Yukimori Moji. The purpose of this management plan is to create site- specific management procedures that maintain a productive bald eagle nesting territory, and integrates the property interests and goals of the landowner. SITE DESCRIPTION Location The Dosewallips bald eagle nesting territory is located n Jefferson County south of the mouth of the Dosewallips River (Figure 1). The nest trees are located up Walker Creek on the west side of Highway 101. Access to the territory is made by turning west on a gravel-dirt road approximately 0.6 miles (1 km) south of the bridge over the Dosewallips River. Turn right at the intersection about 300 feet (91 m) up this road, then travel about 750 feet (229 m) and pull off on the right side of the road. At this location is an excellent observing location looking north into the two nest trees. Site Characteristics The nest trees are located in the Walker Creek draw within a remnant riparian area, approximately 1000 feet (305 m) west of the Hood Canal saltwater shoreline. Nest tree ~1 is a solitary tree south of the remnant riparian strip, 53" (1.3 m) diameter at breast height (dbh) Douglas fir. Nest tree #2 is on the northern edge of the remnant riparian strip leaning south, about 36# (0.9 m) dbh Douglas fir. Nest tree ~1 is on Yukimori Moji's property and nest tree #2 is on the adjacent parcel to the north. Current Land Use Yukimori Moji owns 26 acres in the SW 1/4 of the SW 1/4 of Section 2, T. 25 N., R. 2 W., and another approximately 36 acres (14 hec) in the NW 1/4 of Section 11, T. 25 N., R. 2 W. The land has been clearcut logged within the last 15 years. The Moji ownership within Section 2 is identified as one tax parcel in the Assessor's office. There is a recorded survey from December 30, 1985 where this tax parcel in Section 2 is divided into five tracts. Some of the names and addresses of land owners in the vicinity of the DosewallipS bald eagle nest are listed in Appendix 2. Page 2 EAGLE ECOLOGY Historic Use and Productivity The Dosewallips bald eagle nesting territory was first discovered in 1985. Nest tree #1 was located in 1985 and was present as of 1991. The nest in nest tree #1 was present from 1985 through 1989, and was not present during 1990 and 1991. Nest tree #2 was discovered in 1989 with the nest present through 1991. Nest tree #1 as utilized during 1985 through 1988 and nest tree #2 was utilized during 1989 through 1991. The nesting territory has been very productive raising young eaglets each year from 1985 through 1991 (Table 1). The nesting territories north of Dosewallips along Dabob Bay and Hood Canal have had extremely low productivity. There are two known bald eagle nesting territories on the Bolton Peninsula, six on t'he Toandos Peninsula (to the east of Bolton Peninsula) and one territory in Quilcene Bay. The five year productivity history of these territories is lower than the recovery goals, only 0.56 young per occupied territory year and 44% success (Table 2) . Nesting Biology Few specifics are known about eagle behavior at the Dosewallips site. However, information collected at other bald eagle nest sites in the Pacific Northwest provides the foil_owing information relevant to management of this site: Nest Chronology - In Washington courtship and nest building activities occur during January and February. Eggs are laid in late March to early April (usually one or two, but occasionally up to four eggs are laid). Hatching occurs in late-April to mid- MaY after a 35 day incubation period. After 10 to 12 weeks, the eaglets will take their first flights. Eaglets usually leave the nest in late-July to mid-August, often remaining in the vicinity for an additional month. Bald eagles are extremely sensitive to disturbance during the early part of the nest cycle. Disturbance from activities such as land clearing, logging, helicopter use, vehicle use, and home construction can cause adults to abandon sites prior to egg laying or later may flush them from nests and expose the eggs or eaglets to the elements and predators. As the time of fledging approaches, these disturbances may frighten young from the nest before they can fly. From late summer until the following January, adult eagles are less sensitive to activities near nests Page 3 as they tend to occupy peripheral areas of the home range to a greater degree or leave the area entirely. Home Range - Eagles occupy ranges that may cover up to 10 square miles (26 square kilometers), depending on the availability of prey and the quality of nesting, roosting, and foraging habitats. Territories, or core 'areas of a home range, are defended from adjacent nesting pairs of eagles. Nest and Perch Trees - Eagles usually select large, overly-mature conifers for nest trees. Trees with large gnarled limbs or strong crotches in the upper branches provide ideal platforms for supporting nests. Eagles tend to reuse the same nest from year to year but often maintain at least one alternate nest on the territory. Though alternate nests may appear to be abandoned, eagles often return to use these nests after a few years of non- use. Old-growth and mature conifers, and large snags are also important for perching, roosting, and foraging. Perching may occur throughout the home range in trees which facilitate food acquisition and consumption, mating display, territorialism, nest defense and efficient thermoregulation. Such trees are typically in elevated areas in close proximity to food and allow for good visual access to adjacent habitat. Roosting usually occurs in trees with well developed canopies or in locations that afford protection from rain and prevailing winds. Foraging trees are located near the food source, which is often the_ body of water nearest the nest. Prey - Eagle food habits are extremely varied, but typically include fish, waterfowl, seabirds, carrion, and occasionally small mammals. Eagles forage opportunistically and diets tend to vary in response to changes in prey availability. NOTE: The sections entitled Introduction, Site Description, and Eagle Ecology were drafted by WDW and Mr. Moji as landowner neither accepts nor denies the facts set forth in those sections. PROPOSED LAND USE Yukimori Moji states that the subject property consists of 62 acres, divided into 11 parcels ranging from 5.01 to 7.22 acres, and that each parcel has been zoned for single family residences. Mr. Moji has applied for septic permit renewals prior to proposed sale of some of the parcels. Page 4 MANAGEMENT TERMS AND CONDITIONS Known aspects of the ecology of bald eagles allow for the determination of an Eagle Management Area (EMA) around the Dosewallips nesting territory. The EMA is designed to maintain the integrity of the territory by protecting the existing eagle nest tree, primary perch trees, foraging areas, and potential habitat. Protected area - The intent of this area is to maintain habitat '.. d to eliminate human disturbance. Within the as it exists an ..... ~'-.~+ies that result in permane~nt protected area, numan the habitat and/or disturbance to the eagles alterations to ..... .__~..~ but are not limited shall not occur. These ac~lvl~les rin home construction, road building, trail to, land clea ~g' . . ...... ~ ~' earns and fireworks. development, us_e o~..cn.eml~c=a_l_s~.,~U%~d~o~tions of the Protected Table 3 identifies ~ne Dounu~i~= Area. Conditioned Area - The intent of this area is to minimize disturbance that could disrupt eagle activities within the EMA and to maintain some habitat components outside of the Protected Area. This will include time and/or activity provisions and requirements for retaining large trees at certain locations. Table 4 identifies the area and conditions of the Conditioned Area · Human use activities including, but not limited-to, exterior home construction, land clearing, road building, timber harvest, aircraft use, use of chemicals, use of fireworks, and off-road vehicle use will not be allowed within the conditioned area between January 1 and June 30 each year. This is necessary to ensure that human disturbances do not result in nest abandonment or nesting failure. During the month of June equipment may be used for durations of not more than three days for activities related to septic systems and utilities. EXEMPTIONS No provision of this plan shall be construed to create any responsibility on the part of Mr. Yukimori Moji ~for land use activities conducted by adjacent landowners on their own properties. Vehicular use on the existing road shown in Figure 2 will not be subject to anY restrictions. Page 5 Emergency activities necessary to protect public health and safety are not restricted in any way. MONITOR AND REVIEW Implementation of the plan as it relates to the property will begin when the landowner agrees to the plan. If the WDW and the landowner cannot agree to the plan, the landowner can refer the plan to the Bald Eagle Oversight Committee or file a formal appeal as outlined in WAC 232-12-197. This plan will be subject to the following review and amendment procedures. This plan may be reviewed at the request of either the landowner or WDW. The review shall determine whether the plan requires amendment due to changed eagle or landowner circumstances. During the review process, WDW or the landowner may propose amendments to the original plan. If WDW and the landowner cannot agree on any proposed amendments, WAC 232-12-292(7.2)-(7-4) shall apply. In the event of a dispute over an amendment proposal by WDW, WDW agrees that the landowner, by agreeing to this plan, does not waive any appropriate defenses in a formal appeal, including, but not limited to, lack of reasonable notice of potential land use restrictions prior to purchase of the subject property. The existing plan shall remain effective and binding until WDW and the landowner agree to any proposed amendments, or the dispute is resolved pursuant to WAC 232-12-292 (7.2)-(7.4) . This plan shall become ineffective should the-Dosewallips #879 Bald Eagle Territory be unoccupied by bald eagles for five consecutive years, beginning as of April 15, 1992. WDW shall make the determination of occupancy. At all times, it is the landowner's responsibility to notify WDW of any proposed activities, on the landowner's property and within his control, that may materially and directly affect eagle habitat or eagle use on the territory covered by this plan. The conditions of the plan do not supercede local, county, state, federal, or other regulations that are related to environmental protection (e.g. Shoreline Management Act, SEPA process). The land owners are encouraged to partiCipate in monitoring eagle activities and to keep written records of information that would be useful in refining the plan. All bald eagle nests are monitored by WDW. This monitoring is generally performed with aircraft to determine eagle presence during April (occupancy) and results of th'eir breeding effort during June (productivity) · Page 6 Monitoring is also used to assess any changes affecting nest sites, including development and impacts to eagles. In sites with management plans, it is also used to assure plan compliance. COMPLIANCE Failure to comply with the plan constitutes a misdemeanor as set forth in RCW 77.21.010. Bald eagles and their habitats are protected by other state and federal laws (Appendix 1). Page 7 Table 1. Dosewallips bald eagle nesting productivity from 1985 to 1991 results Nest #1 Nest #2 1985 1 Young 1986 1 Young 1987 2 Young 1988 2 Young 1989 Unoccupied 1990 Nest gone 1991 Nest gone 1992 Nest gone 2 Young 2 Young 1 Young Nest present Penins , Bolton Peninsula and Quilcene Bay eagle nesting productivity results from 1986 to 1991. TERRITORY 19 8 6 1987 1988 198 9 1990 bald 1991 Thorndyke Brown Point East Toandos Hazel Point Tabook Point Camp Harmony Bolton Penin Broad Spit Quilcene Bay Pt Whitney Unocc Failure Unocc 2 Yng 1 Yng Failure Failure Unocc Failure Failure 1 Yng 1 Yng 1 Yng 1 Yng Failure Failure 1 Yng Failure Failure Failure Inact 1 Yng 1 Yng 1 Yng Failure Failure Failure 1 Yng 2 Yng 1 Yng 2 Yng 2 Yng 1 Yng 0.56 young produced each year per occupied territory Failure Failure Failure Failure Failure Failure Failure Failure 1 Yng Unoccup 44% success rate Table 3. Protected Area for the Dosewallips bald eagle nesting territory. Yukimori Moji Ownership: The Protected Area will include the entire portions of Tract 6 and Tract 7 north of the gravel-dirt road (Figure 2). The Protected Area will also include a 450 foot (137 m) radius buffer around nest tree #1 within Tract 5 with the exception of the access easement along the eastern boundary of Tract 5 (Figure 2). The remainder of Tract 5, beyond the 450 foot buffer zone, is not included within the Protected Area. Mr. Moji agrees to notify future land owners of Tracts 5, 6 and 7 of the land use restrictions required by this plan. Within the protected area, human activities that result in permanent alterations to the habitat and/or disturbance to the eagles shall not occur. These activities include, but are not limited to, land clearing, home construction, road building, trail development, use of chemicals, use of firearms and fireworks. Table 4. Conditioned Area for the Dosewallips bald eagle nesting territory. Yukimori Moji Ownership: The Conditioned Area will extend 800 feet (244 m) from nest tree #1 (Figure 2) . Within the Conditioned Area, land altering activities and exterior construction of buildings will be prohibited from January 1 through June 30. During the month of June, motorized equipment may be used for durations of not more than three days for activities related to septic systems and utility installation and repairs. With the exception of two openings, a border of vegetation at least 15 feet (4.6 m) high has been established along the northern edge of the existing gravel - dirt road within Tract 5 (Figure 2). The landowner or his agents shall not remove, cut, spray, or otherwise hinder the growth or survival of this border of vegetation [excluding the eastern 100 feet (30 m) of the road within Tract 5]. Each of the two openings in this border shall be planted with ten evenly spaced Douglas fir trees (total of twenty trees). The trees shall be a minimum of 3-5 feet tall and shall b~ planted between November 1, 1992, and February 28, 1993. The trees that die must be replaced with live trees until there is a continuous visual buffer 15 feet (4.6 m) high. The tree planting required above is not an additional prerequisite to development activity by the landowner. ./ ?£gurn 2. Lo=at,on of Da~ewa~ ~ ~" bald e~ag!a nest~ ~g aerr~tory- 5.0 tu / · "- / ZO$,Bg' / ~ / / · ~ . "7. / / / / -./ / '-..Tx 3 $.0 ~. / -. GHLAND'S 618..50' 50ZIO[OIt TAX 42 ~..86 cz. w- 50E Figure 2. Proteoted $_~ea amd Conditioned Area for APPEND · . . Pro:ac: on o: Bald £agies n Wasm nE:on RCW 77.!6.!20 -ak£n~ of ~rocec:ed ~'£1dl:fe--Destruc:;¢n of nes[s cr ag_rs . . . iC is un~a~.fu~ co nun£, ;zsn ~cr, possess , 'or control ~rotec:ed ~zidlife...or co desc'rov or possess [he nests or eEEs o¢...Drotected · -'ild li fa. RCW 77.08.0!0 (7) Definition of "to hun="--"an effort [c kill capture, cr harass a ~'iid animal or bird." , in iure, RCW 77 ~ 0~0 ('~ J person comr. itting a violation o involving prcce~t°~'- . ~'i~d!i~e. . ~s guiicy c~ ~- misdemeanor and .~-a;i. be punished for eec~,, of;arise, by. a fine of ~c:, !ess' c~.n,,~ ~..c~, cz '~v ~:~risonmant for not more than 90 days in the county ~a[i, cz by both. For :he purposes cf RCW 77.!6.!20, a kill' or harassmen: occurs when a . . kno~.m nes[cr bird :s the ob~ec'., of neg,~gen[ destruction c- d~s[urb- anne. in th~ case cf kno~'n nest si~es, an effort must be =ada tc buffer :he ~:[e frc~., ir.~ac[s ~'hich r. av resu!: in nes[ des:rut- on, breedihg =-iiu ign ~ ru~ o no z-aa cz ~ re, er s ific-n[ dis -ion f i behavi ~ne Forest.~ractices Act (Ch-::er~ .2_ .C) prov~de~_ f-r~ rules and reguia[ions concerning :ores[ practices and contains severe: -e~ula- :ions oertai,,i.,s ~c :imber removal in areas con'aining~ ~ :~rea-aned, ~'ild-. ir:e, cz habi-a~ c= such. -' :s to your benefi[ to_f=,'~:ar._ za your- self ~'i:h this A-- :: you a-e z. ianning -nv t~ber remov=i State Environ=eh:a! ?c!;~v Ac' (-~EPA) The purpose o: S--PA rs.to se: forth procedures fcr al! agent;es co improve and codrdina[e plans, functions, programs, and resources :- order tc create and =ain~ain cond: - ,:ions under '-'~ich both man ond nature can axis t. Shoreline Hana~emen: Act (SY~) (RC~ 90.58) /he Shoreline .U. anaEe:enc ;.ct c= !971 has both p!anni.,~ ,:,,d .etu!atory functions. Shore!;ne land use :inns are developed and permits are issued fcr ccns~ ~ ' : - - - ,.stent ,an~ uses .-. those ~:eas. The marine ~'aEer area~ of the saa~o,_ .e-reams ~'ith a mean annua~- :~ou o:, 20 cfs or more and tc lakes larger than 20 acres. !t-aDD!les 'c shore- lands extending !and~'ard 200 :eat from the ordinary high ~'a[er =ark and [o ail marahea~ boer, s~'amoa, :!coduavs, river _ · Appencix '". :]am,.. :nc amCresses c.= some c,'~ !anmowners /' in zne vici~. ~,: ~ %he Dosewaiiips bald eagle ~" ~=~ing %err~ . :Y ~ax 49 This ~s zhe ownershi: vhaa nest zree ~2 is on Henry !'~e' son 8!i! S. 2!6th ~1 Seaa'c ie. VA 9S195 502023011 5arri,' L. Swanson & Cherie A. Swanson Rt. i Bo>: !180 Fo~ks WA 08~': ! =... ,_-. Wayne xoli~an 502023014 & Box 4 - ~ - ~,.;a c,~ 3'~,0 502023016 ~= ~= .zhe ownership %ha% is direcnly north of the nest zrees Washington £ta.ze -arks