Bald & Golden Eagles
The Eagle Act makes it illegal to take (kill, wound, pursue, shoot, shoot at, poison, capture, trap, collect, molest or disturb) bald or golden eagles. Disturb is defined in the Eagle Act as "to agitate or bother a bald or golden eagle to a degree that caused, or is likely to cause, based on the best scientific information available,
- Injury to an eagle.
- A decrease in its productivity, by substantially interfering with normal breeding, feeding or sheltering behavior.
- Nest abandonment, by substantially interfering with normal breeding, feeding or sheltering behavior."
If your project can't comply with the Eagle Act (for example, your project won't be able to meet the distance or timing restrictions to comply with the management guidelines), you may need a permit. Contact the Fish & Wildlife Program Manager if you think you need a permit.
In general, routine activities such as maintenance of existing facilities would not need to be permitted unless the activity resulted in a significantly different use intensity and would increase the likelihood eagles will be disturbed.
Migratory birds
The Migratory Bird Treaty Act (MBTA) protects all migratory avian species with the exception of European starlings, non-native pigeons, Eurasian collared dove and house sparrows. Under this law, it is illegal to "pursue, hunt, take, capture (or) kill" migratory birds. The USFWS implements and enforces the MBTA. Similarly, Washington State has a law that makes it illegal to take protected birds.
Biologists, contact the Fish & Wildlife Program Manager if your project is located on a bridge or other structure or if there is a known raptor nest in the area.
Bald & Golden Eagles
Use the Bald Eagle form to assess the project's potential impacts to bald and golden eagles and to document compliance with the Eagle Act. Contact the Fish and Wildlife Program to obtain the form.
The WSDOT project biologist must apply for a bald eagle specific permit if the project potentially impacts eagles during the breeding season. Permit applications are available through the U.S. Fish and Wildlife Service. Permits are usually issued within six months. Contact the Fish and Wildlife Program for assistance.
Migratory birds
Project biologists evaluate the impacts of the project on migratory birds during preliminary design. If a project has the potential to impact nesting birds, the WSDOT project biologist should contact the Fish & Wildlife Program Manager to determine if a bird protection plan may be required.
Bald & Golden Eagles
Nest monitoring during construction activities will be a permit requirement.
Migratory birds
Minimization measures required by a bird protection plan must be implemented.
Bird Protection Protocols and Standards
Bird Protection Protocols & Standards (PDF 544KB) - To avoid and minimize impacts to nesting birds during project activities.
Avian Influenza
Avian influenza is currently circulating in Washington. The disease primarily infects avian species, however, cases have been reported in other species such as bobcats, harbor seals, and weasels.
Project staff should be aware of this disease and associated protocols provided by the Washington Department of Fish and Wildlife (WDFW):
1. If any Project staff encounters a sick or dead bird or other wildlife, it shall not be touched or moved to avoid potentially spreading disease.
2. If it is necessary to remove a carcass, use mechanical means if possible to pick up the carcass, wear disposable nitrile gloves and an N95 filtering facepiece respirator, double-bag it, and use a shovel to place it deep into the garbage where scavenging animals can’t find it.
3. Contractors shall report the sick or dead bird or other wildlife to the WSDOT, who shall report the discovery to WDFW.
Bald & Golden Eagles
Avoid and minimize impacts to bald and golden eagles by following the U.S. Fish and Wildlife Service (USFWS) National Bald Eagle Management Guidelines.
Migratory birds
Contact the Fish & Wildlife Program for examples of bird protection plans.
Track & manage commitments
Environmental Manual Chapter 490: Tracking environmental commitments during design (PDF 208KB) - To track commitments.
Environmental Manual Chapter 590: Incorporating environmental commitments into contracts (PDF 343KB) - To manage commitments.
Commitment tracking system (CTS) web application - Track and manage environmental commitments. Find instructions on how to use CTS on the CTS help menu.
