Renaissance Festival at Quiet Waters Park

[NewMexiKen]

On Nov 13, 2019, at 8:03 PM, naturegirl [via Bald Eagles of Broward County, Florida] wrote:

"Renaissance Festival, coming to Quiet Waters Park, February 8th, 2020 through March 22nd, 2020 . This new location is terrible the festival will be so noisy could scare away the parents."

MAP SHOWING NEST LOCATION

My reply:

The timing for this new disturbance could be worse. By that time, hopefully, the eagles (if they do nest at that location) should have eaglet(s) in the nest and are far less likely to abandon them. Disturbances during nest site selection and building and egg-laying, as well as later when the eaglets may be branching but not capable of sustained flight are more likely to discourage breeding or startle the  eaglets and cause them to fall.

Still very unfortunate, but under the new and reduced reduced legal protections (as I understand them) there is no penalty unless the disturbance is near the nest and/or results in a "taking"of an eagle (injury, death or abandonment). A Federal (FWS) permit for such activity would probably not be required because the "taking" would not be the purpose  of the activity. (**This latter qualification is a loophole which now applies even for species still  covered under the Endangered Species Act**).

The U.S. Fish and Wildlife removed the bald eagle from the federal endangered and threatened species list in 2007. The USFWS continues to manage eagles under the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act. To learn more, visit the USFWS eagle website.

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See the new Florida Fish and Wildlife Conservation Commission (FWC) regulations here. Essentially, now only the Federal (FWS) laws and rules are applicable.

In November, 2017, FWC staff completed the Florida Species Action Plan for the Bald Eagle. It became effective on May 15, 2008.

This plan replaces the 2008 Bald Eagle Management Plan. A non-regulatory conservation plan, the Species Action Plan outlines actions necessary to continue to maintain a stable or increasing population of bald eagles in Florida. The Species Action Plan will be reviewed at 7 year intervals, and progress towards actions will be updated on the FWC eagle webpages and through annual reports.

https://www.flrules.org/gateway/RuleNo.asp?ID=68A-16.002

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See the links to Federal FWS guidelines.

FWS guidelines: https://www.fws.gov/southeast/our-services/eagle-technical-assistance/

Blasting and other loud, intermittent noise including fireworks During breeding season (Oct 1 - May 15)

To avoid disturbing nesting eagles and their young, it is recommended that you:

    Avoid blasting and other activities that produce extremely loud noises within 1⁄2 mile of active nests or within 1 mile in open areas, unless greater tolerance to the activity (or similar activity) has been demonstrated by the eagles in the nesting area.
    This recommendation also applies to the use of fireworks classified by the Federal Department of Transportation as Class B explosives, which includes the larger fireworks that are intended for licensed public display.

Determination

If you can meet these guidelines, you do not think your project will disturb eagles and you do not wish to apply for a permit at this time please print these guidelines as your final determination.

If you cannot meet these guidelines visit the permit application page.

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FWS Southeast region bald eagle and golden eagle permitting

https://www.fws.gov/southeast/our-services/permits/eagles/

Bald eagles and golden eagles and their nests are protected from take, including disturbance, under the federal Bald and Golden Eagle Protection Act. Under the Bald and Golden Eagle Protection Act, “take” is defined as “pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, destroy, molest or disturb.”

Some activities and projects are eligible for federal permits under the Bald and Golden Eagle Protection Act (Law).
22.26 Eagle take associated with, but not the purpose of an activity

This permit authorizes take of live bald and golden eagles and their eggs, where the take is associated with, but not the purpose of some human activity or project, and where take cannot practicably be avoided. Authorization is subject to conditions.

    22.26 - Application Form
    22.26 - Annual Report Form

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**Endangered Species Act (no longer applicable to Bald Eagles)**:
https://corporate.findlaw.com/litigation-disputes/the-endangered-species-act.html

The Secretary may issue a permit for an "incidental take" of listed species that are incidental to and not for the purpose of a proposed activity (ESA §10). Permits may be issued only after the landowner submits a "habitat conservation plan" (HCP), including proposed mitigation measures and an explanation of why alternatives were rejected. If FWS finds that the "take" will be incidental, will be satisfactorily mitigated, and will not appreciably reduce the species' chances for survival or recovery, it must issue the permit.

[Mike 30]

I would think the overall  noise wouldnt be worse than the noise from sawgrass/turnpike.
But that ridiculous cannon that I can hear from my house on the other side of the turnpike in Coconut Creek needs to be banned.

[Rockitglider]

Hi Ken, and Mike,

Mike I want to thank you for helping to locate the new nest location, and I agree with you, I only see the noise affecting the eagles when the canon fires off, I was watching them with my binoculars one day and that canon went off and the eagle chick jumped, but as Ken said by that time they were pretty good size and it shook it off, so I think my problem with the fair is more for selfish reasons and not being able to see the nest or get closer to check on them, I don't think it will bother them too much, but we will see soon enough. The other thing I was thinking about is that the tree they are using this year is usually used for cormorants and other water birds to nest as they have been for years. This will might also lead to the taking of more water birds for food.

I think we can launch a canoe from the outside of the fair grounds, I'm going to check with the park office for the rules about that lake. They do have canoe rentals behind the doggie waters park for $10.00 for 1 hour, $15.00 for 2 hours, and $25.00 for 4 hours, and a $15.00 refundable deposit. They also have paddle boats and other water craft for rent, Hours are on Saturdays and Sundays starting at 10:00am. Please don't try to land on the island as there is still a limit on approaching the nest of 330', we don't want to disturb them in their new location. I know most of you know this already, I just wanted to state it just so it has been said. There was an exception in the other location because of the bike trail, but I don't think it applies here. I hope they have a good year as the last two have only produced a single chick for each year, maybe it was stress or just natural I'm not sure and definitely not an expert.

Kit

[NewMexiKen]

Hi, Kit--

Thank you for suggesting that Quiet Waters staff be notified of the possibility of a nest and the need to follow Federal guidelines if they do breed in or near the Park.

I have sent this note to Park staff:

Some of the observers suspect that the Bald Eagles are now in process of nesting on an island in the lake, which I presume is within or near the Quiet Waters Park boundaries. They have not confirmed the existence or location of the nest.

In the event that the eagles do nest in such a location, there are concerns about the loud noise of a cannon or fireworks which might be discharged during festivities at the Park during breeding season. In such case, the Federal (FWS) guidelines may place some obligations which relate to disturbance under the Bald and Golden Eagle Protection Act.

Of course, they may not breed there at all, but in the event that they do, here is a link to the discussion in the Bald Eagle FORUM. It references specific protections related to noise disturbance during the breeding season.

http://bald-eagles-of-broward-county-florida.1638815.n2.nabble.com/Renaissance-Festival-at-Quiet-Waters-Park-td7575415.html

Mike30 wrote (November 13, 2019):

Just left the dog waterpark and you get a great view of that island from the picnic tables near the entrance to the park and saw both eagles perched up on a branch. Looking from both  angles which would also be from the pavilion it looks like there is a big nest in the middle of the trees.

[Rockitglider]

Thanks Ken,

I just spoke to the guy I work with and he gave me the email for the renfest promoter.

Thanks, Kit

[Rockitglider]

Okay Ken,

Thanks for your help, I will do the canoe trips in the next few weeks to confirm if I can that there is nesting happening or not, but they usually don't lay their eggs until the end of November, but I will start some contacting in motion with the park to be ready in case of a positive nesting season and how it may affect the RenFest,  and I will keep you in touch as well as cc Shawnlei in the emails. I have already told her about the possible new location.

Thanks, Kit