Potter Valley Eagle Tree Spared; Congressman Huffman Blasts US Fish and Wildlife Service

Eagle in the Potter Valley nest. [Photo by Faith Rigolosi]

The nest tree is situated just a few yards from a PG&E power line which the utility deactivated over the summer, declaring that the nest and tree constituted a fire hazard. The tree was also slated for removal this time last year, but PG&E crews retreated in the face of community activism and the early return of the eagles to their historical breeding site. Breeding season officially starts on January 15, after which it is typically out of bounds to destroy a nest. However, this year’s permit originally gave PG&E until February 1 to cut down the tree, “Should inclement weather or other unforeseen circumstances prevent nest removal,” after the usual deadline of January 15.

We documented one of the eagles landing on the tree near the nest on January 9. On January 11, after a brief confrontation between activists and a PG&E tree-cutting crew, Michael Hunter, the Chairman of the nearby Coyote Valley Band of Pomo Indians, wrote to the U.S. Fish and Wildlife Service, requesting government-to-government consultation with the agency. “We understand that the U.S. Fish and Wildlife Service has already issued the permit prior to initiating consultation and that there was a brief opportunity for “public comment” under the National Environmental Policy Act,” he wrote. However, “The Coyote Valley Band of Pomo Indians is a sovereign nation with a government-to government relationship with the United States and that relationship requires more substantial consultation than is awarded to “the public” under the National Environmental Policy Act. We also believe that agency duties and obligations under the National Historic Preservation Act are implicated and unfulfilled as well.”

Jared Huffman speaking to reporters in 2017 when he came to Humboldt County. [Photo by Shanna Archibold]

On January 17, a USFWS spokesperson wrote in an email that, “The permit stated PG&E could ‘remove one inactive bald eagle nest.’ The Service’s eagle regulations define an in-use nest as an eagle nest with one or more eggs, dependent young, or adult eagles on the nest in the past 10 days during the breeding season. The bald eagle pair is currently visiting and refurbishing the nest and the breeding season has begun. As such, the nest meets the definition of an ‘in-use’ and active nest, thus the permit is no longer valid.”

Peter Galvin, with the Center for Biological Diversity, is hoping for a long-term solution. The bald eagle breeding season ends in August, at which time PG&E could apply for another permit to take down the tree, arguing that it is threatening the line again. Currently, PG&E is providing generators and diesel fuel to residents on the property, leading to damage on the steep, unpaved driveway. Galvin said he is working hard to convince PG&E to underground the few hundred feet of line from the road to the homes on the property, and has offered his organization’s help in fundraising to help pay for the effort.

Huffman said he would try to help too, though he can’t guarantee that there is a federal funding source for the project. But in his view, “PG&E ought to be able to solve this. It’s not an overwhelmingly complex challenge.”

Please note: in an earlier version of our story, the title incorrectly identified the agency that Congressman Huffman directed his remarks to. Our deepest apologies.

Earlier:

• Tree Holding Bald Eagle’s Nest in Potter Valley Gets Stay of Execution After Bird of Prey Comes Home
• PG&E Agrees to Hold Off Cutting Tree Hosting Eagles’ Nest in Mendocino County
• Potter Valley Bald Eagles Could Lose Nest as PG&E Cites Closeness to Power Lines
• With Only Days Remaining Before the Permit to Remove the Potter Valley Bald Eagle Nest Expires, Wildlife Photographer Calls for Action
• Potter Valley Eagle Tree Still Stands After Activists Cause PG&E and Deputies to Retreat Yesterday
• Potter Valley Eagle Tree Given Short Reprieve