U.S. Fish & Wildlife investigating after issuing developer permit to cut tree
BY MICHELLE KEY | PUBLISHER
AUBURN — Last week, community members from Auburn and Opelika, led by Jason Haynie and others, joined forces in an effort to stop the removal of tree with a nest housing a pair of bald eagles nicknamed “Jim” and “Pam” by area residents.
As the plight of the nest was shared via social media by Haynie, The Observer contacted Denise Rowell, a public affairs specialist with the U.S. Fish and Wildlife Service (FWS), with questions about the issuance of a permit to cut the tree to the developer, Hughston Homes. Rowell issued the following statement in response to questions regarding the Auburn nest:
“Eagles are a beloved iconic species, important to many, including the U.S. Fish and Wildlife Service, who has the awesome responsibility of stewarding this important bird.
“When permits are issued, great care is taken by the Service to mitigate and minimize any negative impacts to nesting bald eagles. Specifically related to this permit, there were required measures to compensate for taking an eagles’ nest to ensure a net benefit for eagles, as outlined in the eagle permitting rule (50 CFR 22.300). To ensure there is a local benefit the associated funds must go to the Alabama Department of Natural Resources to support eagle management in the state before any nest is taken.
“Permit holders must abide by all federal, state and Tribal laws as clearly stated in the permit. For more information on permits visit www.fwsepermits.servicenowservices.com/fws?id=fws_kb_view&sys_id=d905b4cedbb042900a66e46b13961986.”
According to the FWS website, “Eagles are known to be quite territorial and will generally remain within their territory which averages a one and one-half to two-mile radius whenever a nest is lost. Biologically, it would be best to take the nest either before nesting season begins or as quickly as possible. That way the pair has time to rebuild before their typical egg laying period, which begins around December or January.”
The Observer reached out to Hughston Homes for a statement and received the following response via email on the afternoon of Friday, Nov. 15:
“We would like to address any concerns about the recent decision to remove the eagles’ nest from our property in the city of Auburn. We understand that eagles are cherished creatures, and we are fully committed to their welfare and the preservation of their natural habitats. While this issue has recently reached the news and social media, we have been working diligently on it since June 7.
“When we acquired the property, we were unaware of the presence of an eagles’ nest on the land. Upon discovery, we immediately took steps to consult with experts and comply with all necessary rules and regulations. We worked closely with the U.S. Fish and Wildlife Service, a federal agency which is highly protective of eagles and the governing body over issues such as this. They provided strict instructions and guidance which we followed precisely. Ultimately, U.S. Fish and Wildlife issued a permit to remove the nest, ensuring this decision was made in the best interest of the eagles.
“While preserving the tree was our first thought and foremost priority, regulations require maintaining an undisturbed radius of 330 feet around the nest. Unfortunately, this area extended into critical sections of the property, impacting nearby wetlands. Preserving these wetlands is also a priority for us, as they are a vital food source and habitat for numerous species, including the eagles. Disturbing this ecosystem could have longterm consequences for the eagles’ food supply and other irreplaceable wildlife and vegetation.
“The eagles enjoy a steady diet of fish from the nearby hatchery. The nest in question is likely an alternate nest based on findings from our Wildland expert. The time of year tells us that there are no eggs, hatchlings or young chicks incapable of taking on life outside of the nest present in the nest. We took this step with the knowledge that these resilient birds are capable of establishing a new nest close to their former habitat.
“In addition to following every step recommended by wildlife experts, we have made a contribution to the Alabama Conservation and Natural Resources Foundation to support ongoing conservation efforts. This contribution reflects our commitment to protecting eagles, their habitats and other important wildlife for the future.
“Please know that this decision was made with respect for the environment and the welfare of these magnificent birds. Thank you for your understanding, and we encourage anyone with further questions or concerns to reach out to us.”
A petition entitled “Protect Jim and Pam’s Nest from Development” was created on Thursday, Nov. 14, and as of Saturday morning it had nearly 8,000 signatures.
The petition was a futile effort, however, as the tree was cut down sometime between Friday afternoon and early Saturday morning. At approximately 6:30 a.m., Auburn resident John Braswell took photos and video of the destroyed tree and remnants of the nest. The eagles were seen circling the area throughout the weekend.
Auburn Council Member Beth Witten said she had been working with other city officials to find a solution and save the nest. One idea she said was being considered was for the city to possibly purchase the land from the developer. Witten said a Zoom call had been scheduled for Monday, Nov. 18, with Tyler Findley, land acquisition and development director for Hughston Homes, and she was assured that no action would be taken prior to the meeting.
“I specifically asked if the eagles’ nest would be untouched until we could hold our Zoom call Monday morning,” Witten said. “At some point [between] that phone call which took place around 4:30 p.m. and early Saturday morning, the tree was cut down. I did speak with Tyler [Findley] around 1 p.m. on Saturday, and he confirmed that he was there when the tree was removed but did not offer any explanation as to why he went back on his word about no action being taken before Monday. I feel like I was lied to and deceived.”
Witten said Auburn’s City Manager Megan McGowen Crouch had asked city attorney Paul Clark to make a formal request to the U.S. Fish and Wildlife Service to fully investigate this matter to verify that all permit laws and federal regulations were followed. Rowell from The Fish and Wildlife Service confirmed via email on Monday, Nov. 18, that the matter is actively under investigation.
“We are aware the bald eagle nest at the Heritage Ridge development project has been removed, and it is now under investigation by our law enforcement officers,” Rowell said.
Jenny Filush-Glaze, a resident of the Tivoli neighborhood whose property was located near the nest, said she has been watching the eagles daily for years. She said she believes the destruction of the nest is a federal violation of the Bald and Golden Eagle Protection Act because of a preponderance of evidence showing the nest was active.
“I believe a crime was committed, and we are devastated over this,” Filush-Glaze said. “We have watched these eagles for years, and it was extremely sad to watch them circling all day Saturday, presumably looking for their nest. We hope that after the investigation is concluded, and if it is found that violations did in fact occur, that there will be consequences to those responsible.”
Filush-Glaze is a licensed grief counselor and therapist in the Lee County community.
“As a clinical therapist with my specialty being grief counseling, I have felt a tremendous amount of loss both personally and community wide — sadness, anger and disbelief,” she said. “People can’t wrap their mind around someone doing something so underhanded, despite the public outcry, seemingly for money. That’s where the hurt comes. The chance that this company would have a heart and try to compromise and come up with a plan to make all parties feel good [led us to believe] that there was an inkling of hope, only to have it ripped away in the dead of night. It was intentional — spiteful even — and seemingly done with the knowledge that the community would just ‘get over it.’ But, the Spirit of Auburn is unafraid, right? And people are rallying for the cause. They’re rallying to right a wrong and they are rallying for Jim and Pam.”
Haynie also expressed his disappointment in how the situation was handled.
“This has certainly not gone the way that we would have hoped, but now we just need answers from everyone,” Haynie said. “Maybe this will prevent something similar from happening in the future.”
