Erin then got in touch with Bryan Watts with the Center for Conservation Biology at William & Mary. He told her that the geotag is key (meaning the longitude and the latitude of the tree). He also explained that they do flyovers to pinpoint nests.

“This was not an easy journey,” Erin recalls, “I was just a concerned citizen and I was dealing with professionals in the field. They were asking me questions that I didn’t really know the answers to, but they were very patient and worked with me to help me understand, and they clarified the process with me.” 

Erin shared with me the type of information and documentation that these agencies were requesting. She said they wanted pictures of the eagles’ nest, although that alone wasn’t enough to show that it was an active nest. They wanted pictures or video of the eagles actually in the nest.  One tell-tale sign of an active nest is if the eagle is bobbing its head, which means there could be young in the nest.  Erin added that they were looking for other signs too, like whitewash on the tree, which she explained is eagle excrement accumulating on the trunk of the tree. Other indicators could be scattered fish carcasses and turtle shells which indicate the eagles are eating above that area. The most important part was getting the tree pinned. 

“It was a crash course in eagles,” Erin said as she gently laughed. She added that she didn’t know much about eagles before all this began, but now she wants to share this with others. It is clear in speaking with Erin that she is very passionate about this and truly cares about the eagles nesting in Suffolk. 

Erin continued, “I was just relieved that the nest is mapped and now I know the proper authorities will be involved in this in order to get permits.”

To clarify further, Erin stated:

“This is not about targeting Ryan Homes or any particular developer. It’s about making sure the public understands that these animals are legally protected. If they are living near the river on farmland that is later slated for development, that protection does not disappear. Any future property owner or developer will be required to address and comply with those protections.”

Erin shared that it is up to the developer to reach out to Virginia Department of Wildlife Resources (DWR) to get the correct permits in place. “Now that the nest has been formally mapped,” she explained, “there is no question that the nest is there. As I understand it, the nest is naturally protected, and the tree that the nest is in, is protected.”

Erin said that one of the reasons she spoke at City Council, and why she agreed to sit down and talk with me, is because she wants everyone to be aware. She wants to draw attention to the eagles, that they are protected, and to let everyone know (Council Members, Ryan Homes, and the public) that the eagles are nesting on that property and that nothing can happen to them without steep consequences. 

Here’s a link to the U.S. Fish & Wildlife Service’s Bald and Golden Eagle Protect Act. It states:

The Bald and Golden Eagle Protection Act (16 U.S.C. 668-668d), enacted in 1940, and amended several times since, prohibits anyone, without a permit issued by the Secretary of the Interior, from “taking” bald or golden eagles, including their parts (including feathers), nests, or eggs.

The Act provides criminal penalties for persons who “take, possess, sell, purchase, barter, offer to sell, purchase or barter, transport, export or import, at any time or any manner, any bald eagle … [or any golden eagle], alive or dead, or any part (including feathers), nest, or egg thereof.”

The Act defines “take” as “pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest or disturb.”  Regulations further define “disturb” as “to agitate or bother a bald or golden eagle to a degree that causes, or is likely to cause, based on the best scientific information available, 1) injury to an eagle, 2) a decrease in its productivity, by substantially interfering with normal breeding, feeding, or sheltering behavior, or 3) nest abandonment, by substantially interfering with normal breeding, feeding, or sheltering behavior” (50 CFR 22.6).

In addition to immediate impacts, this definition also covers effects that result from human-induced alterations initiated around a previously used nest site during a time when eagles are not present, if, upon the eagle’s return, such alterations agitate or bother an eagle to a degree that interferes with or interrupts normal breeding, feeding, or sheltering habits, and causes injury, death or nest abandonment.

A violation of the Act can result in a fine of $100,000 ($200,000 for organizations), imprisonment for one year, or both, for a first offense. Penalties increase substantially for additional offenses, and a second violation of this Act is a felony.  

Erin also shared the email that she sent to City Council. She said it was very important to her that they knew about the nest.