On February 26, The Washington Post reported that the American bald eagle can be removed from the threatened and endangered species list. Well, not quite yet. What's holding up the move is one word: disturb. An eagle-protection statute from 1940 makes it illegal to disturb an eagle.
No big deal, right?
Well, it is a big deal because there's controversy over just what "to disturb" an eagle actually means.
Oy.
I get that it's a big deal, but I'm sure most of us would consider to disturb in the context of an eagle to come anywhere near the bird, talk to it, try to entice it with bread crumbs (or a small rodent - I've seen what they feed the bald eagles at the National Zoo), climb into the nest to take pictures of the cute wee little eggs, etc.
According to a side article in The Washington Post, here are the various definitions put out by the groups involved (at least the dictionary is mentioned first):
American Heritage Dictionary To break up or destroy the tranquility or settled state of; to trouble emotionally or mentally; upset. To interfere with; interrupt; to intrude on; inconvenience; to put out of order; disarrange.
U.S. Fish and Wildlife Service To agitate or bother a bald . . . eagle to the degree that causes injury or death to an eagle (including chicks or eggs) due to interference with normal breeding, feeding or sheltering behavior, or nest abandonment.
Definition would require proof that a particular eagle had been killed, injured, or forced to abandon its nest.
Center for Biological Diversity To agitate or bother a bald . . . eagle to the degree that disrupts the normal behavior of the eagle.
Definition includes actions that annoy or frighten the birds but do not harm them physically or drive them from their nests.
National Association of Home Builders A knowing or intentional annoyance or agitation that actually kills or injures a bald . . . eagle by significantly disrupting normal behavioral patterns, including breeding, feeding or sheltering.
Definition would cover only instances in which the birds are killed or injured.
You know, in my life, a person can disturb me without causing me injury or killing me. Heck, I get disturbed all the time - by loud noises, by whining children, by whining husband (if he won't read my blog, I can say that he's whining), canceled school days due to a 1/4" of snow... The list goes on.
I'll always side with the dictionary - to put out of order, disarrange. The Center for Biological Diversity also has the right idea; to disturb an eagle is much more (or much less in this case) than killing, injuring, or forcing a bald eagle to abandon its nest.
Please weigh in with your thoughts!
FWIW...a friend who is a wildlife conservation officer in PA read the article and believes the story is incomplete. He believes there are additional federal statutes that protect bald eagles and raptors.
It'll be interesting to watch what happens with this!
S
Posted by: Stacy | March 13, 2007 at 11:22 PM