DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL

Division of Fish and Wildlife

NOTICE OF PUBLIC COMMENT PERIOD

3901 Wildlife

19.0 Bald Eagle Protection

The purpose of this action is to ensure that Delaware’s Bald Eagle population persists after protection from the federal Endangered Species Act was terminated on 8 August 2007. Bald eagles are very sensitive to disturbance which may result in failure of nests or abandonment of nest sites. In Delaware, the acreage of development in proximity to current nest sites is proposed to double in the next five years. Scientific studies from this region show eagles require significant no-disturbance buffers around their nests in order to persist. The purpose of this regulation is to maintain the same level of protection to eagle nest sites that was in place under the Endangered Species Act prior to August 2007. Eagles are a significant non-consumptive wildlife resource that will require protection in order to persist.

The Department of Natural Resources and Environmental Control, Division of Fish and Wildlife, will conduct a public hearing on the proposed new regulation 19.0 Bald Eagle Protection. Bald eagles are very sensitive to disturbance. Delaware Code currently protects eagles from disturbance but does not define disturbance. The new regulation will define disturbance by proposing to adopt the same protection to eagle nest sites that was formerly provided under the Endangered Species Act of 1973 prior to the eagle’s removal from the federal Endangered Species List in August of 2007.

The proposed regulation may be inspected at the Department’s offices located in room B234 at the Richardson and Robbins Building, 89 Kings Highway, Dover Delaware, 19901. For additional information interested parties can also contact Karen Bennett (302-739-9912) or Christopher Heckscher (302-653-2880).

A public hearing will be held in the DNREC auditorium in the Richardson and Robbins Building, 89 Kings Highway, Dover, on 4 June 2008 at 7 pm. Citizens may address comments in writing to the Wildlife Section, Division of Fish and Wildlife, 4876 Hay Point Landing Road, Smyrna, 19977. E-mail comments may be sent to Karen.bennett@state.de.us, Christopher.Heckscher@state.de.us or Lisa.Vest@state.de.us. The record will remain open for written comments until 4:30 pm June 14, 2008. Prior to the hearing, a public workshop will be given in the DNREC auditorium in the Richardson and Robbins Building, 89 Kings Highway, Dover, 28 May 2008. The purpose of this workshop will be to provide information to the public regarding the proposed regulation.

PREPARED BY:

Christopher M. Heckscher 302-653-2880 8 April 2008