3.0 Affected Environment - Knik Arm Bridge and Toll Authority

Knik Arm Crossing DraftFinal EIS
Affected Environment
The bald and golden eagles were delisted as an endangered species in the Lower 48 states on
August 8, 2007 by an amendment to 50 CFR Part 17 (72 Federal Register [FR] 37346 at
37372, July 9, 2007). 58 Bald and golden eagles were not listed as an endangered or
threatened species in Alaska. Accordingly, there is no change in their status under the
Endangered Species Act. However, in connection with the delisting in the Lower 48 states,
the USFWS has proposed a rulemaking to establish criteria for issuance of a permit to
authorize activities that would ‘‘take’’ bald eagles under the BGEPA (72 FR 31141, June 5,
2007). The rule is not yet final. A new regulatory definition of "disturb" at 50 CFR 22.3,
implements the Bald and Golden Eagle Protection Act (72 FR 31132 June 5, 2007). The
USFWS has issued National Bald Eagle Management Guidelines dated May 2007 to: (1)
Publicize the provisions of the BGEPA and the Migratory Bird Treaty Act that continue to
protect bald eagles to reduce the possibility that the law will be violated, (2) advise
landowners, land managers, and the general public of the potential for various activities to
disturb bald eagles, and (3) encourage land management practices that benefit bald eagles
and their habitat.
3.8.8.4 Marine mammals
Marine mammals that may occur in the Study Area include the Cook Inlet beluga whale
(Delphinapterus leucas), harbor porpoise (Phocoena phocoena), killer whale (Orcinus orca),
Steller sea lion (Eumetopias jubatus), and the harbor seal (Phoca vitulina). The Cook Inlet
beluga whale is the most abundant marine mammal in the Study Area. Harbor porpoises and
killer whales have been observed in Knik Arm, but are considered rare. There have been no
published sightings of Steller sea lions in Knik Arm, but a single adult male was documented
in the Susitna Flats area 59 approximately 25 miles from the proposed KAC project area. See
KABATA (2006t) in Appendix F for further discussion of other marine mammals.
58 “This final rule revises 50 CFR 17.11(h) to remove the bald eagle in the lower 48 States from the Federal
List of Endangered and Threatened Wildlife, and also removes the special rule for the bald eagle at 50 CFR
17.41(a). The prohibitions and conservation measures provided by the Act [ESA], particularly sections 7, 9,
and 10 no longer apply to this species. Federal agencies will no longer be required to consult with us under
section 7 of the Act in the event that activities they authorize, fund, or carry out may affect the bald eagle.
Critical habitat was not designated for the bald eagle, so the delisting will not affect critical habitat
provisions of the Act.” 72 FR 37346, 37372 July 9, 2007.
59 Personal communication, Matthew Eagleton, NMFS, with LGL Alaska Research Associates, Inc., 2005.
3-210 12/18/07