Editorial: Bald eagles thriving again

Monday, Feb. 26, 2007 | 7:15 a.m.

W ildlife advocates are applauding a federal proposal to remove the bald eagle from Endangered Species Act protection, but they also say that the eagle population could plunge again unless the Bush administration strengthens its ongoing eagle management plan.

Widespread use of such pesticides as DDT caused the nation's bald eagle population to dwindle to a mere 500 breeding pairs by 1960. The bird has been listed as an endangered species since 1978. Because of this protection, the bald eagle population has grown to almost 7,100 breeding pairs. And the U.S. Fish & Wildlife Service has until the end of June to decide whether that comeback warrants removing the bird's endangered status - a move that is likely to happen.

It is a positive testament to a law that has come under repeated attack by the Bush administration and the previously Republican-controlled Congress. Former Rep. Richard Pombo, a California Republican who was defeated by his Democratic opponent in November, led the most recent march to dismantle habitat protections afforded under the 1974 act. Pombo's ouster, along with Democrats winning control of both the House and Senate, likely will go a long way toward keeping the law intact.

U.S. wildlife officials say that once the eagle is removed from the list it will be afforded protection under the Bald and Golden Eagle Act and the Migratory Bird Treaty Act, both of which prohibit killing, selling or harming eagles, their nests or their eggs. At issue, however, is the fact that the Bald and Golden Eagle Act also prohibits "disturbing" the birds.

But the National Wildlife Federation, a nonprofit advocacy group, says the proposed definition of "disturb" is too vague and could allow developers to create enough noise and commotion next to a nesting tree to agitate eagles to the point of not being able to breed. Unless the disturbance issue is refined before the bird's expected delisting in June, ongoing habitat encroachment could imperil its ability to continue thriving.

The majestic bald eagle, which has long served as our nation's symbol of freedom and power, now also serves as a symbol of just how well such laws as the Endangered Species Act work to preserve our environment. It illustrates the need to keep these protections in place.