Interesting top side view. I like the head position, really looks like he is getting ready to dive. With this in mind, I would like to see a little more room at the bottom for him to look/dive into. Because of the head position, I think it doesn't need as much space to the left as it does below.
I like the background. I do feel it is a bit bright overall, giving the bird a rather bleached out look.
Good job on capturing this one in flight. Your BG, sharpness and details are good as is your exposure. I would wish for better eye contact as my eye tends to wander, looking for something the grasp. You have a nice interplay of light and dark tones here, this might look good in B&W.