Bald and Golden Eagle Management

The U.S. Fish and Wildlife Service published (in the Federal Register on September 11, 2009) a final rule on two new permit regulations that would allow for the take of eagles and eagle nests under the Bald and Golden Eagle Protection Act (Eagle Act).

Bald Eagles were removed from the endangered species list in June 2007 because their populations recovered sufficiently. However, the protections under the Eagle Act continue to apply. When the Bald Eagle was delisted, the Service proposed regulations to create a permit program to authorize limited take of Bald Eagles and Golden Eagles where take is associated with otherwise lawful activities.

The permits will authorize limited, non-purposeful take of Bald Eagles and Golden Eagles; authorizing individuals, companies, government agencies (including tribal governments), and other organizations to disturb or otherwise take eagles in the course of conducting lawful activities such as operating utilities and airports. Most permits issued under the new regulations would authorize disturbance. In limited cases, a permit may authorize the physical take of eagles, but only if every precaution is taken to avoid physical take. Removal of eagle nests would usually be allowed only when it is necessary to protect human safety or the eagles.

Population information for both eagle species will guide the Service in determining how many permits may be issued in any locality, including other types of permits the Service already issues. Priority will be given to Native American requests for permits to take eagles (under existing regulations) where the take is necessary for traditional ceremonies. Because of the limited size of the Bald Eagle populations in the Southwest, permits may not be available in all locations. Disturbance or take of Golden Eagles is likely to be limited everywhere in the U.S. due to potential population declines.

Eagle Conservation Plan Guidance:

Of all America’s wildlife, eagles hold perhaps the most revered place in our national history and culture.   The United States has long imposed special protections for its Bald and Golden eagle populations. Now, as the nation seeks to increase its production of domestic energy, wind energy developers and wildlife agencies have recognized a need for specific guidance to help make wind energy facilities compatible with eagle conservation and the laws and regulations that protect eagles.

To meet this need, the U.S. Fish and Wildlife Service (Service) has developed the Eagle Conservation Plan Guidance (ECPG).   This document provides specific in-depth guidance for conserving Bald and Golden eagles in the course of siting, constructing, and operating wind energy facilities.

Eagle Conservation Plan Guidance Module 1 – Land-based Wind Energy Version 2

Eagle Rule Information:

Final Rule

Eagle Rule Question and Answers

Final Rule Defining Disturb

Eagle Management information:

• Final Post-Delisting Monitoring Plan
• Post-Delisting Survey Results
• National Bald Eagle Management Guidelines
• Alaska Region Eagle Permit Program
• Application and Report Forms
• Migratory Bird Permits Home
• Contacts for Eagle Permits Information
• Population Trends
  Species Profile

Recent Actions:

Changes in the Regulations Governing Eagle Permitting

The Service is proposing to revise the regulations governing permits for take of Golden Eagles (Aquila chrysaetos) and Bald Eagles (Haliaeetus leucocephalus), where the take is associated with, but not the purpose of, an activity. The Service proposes to extend the maximum term for programmatic permits from five to 30 years, if the permit incorporates conditions requiring implementation of additional measures to ensure the preservation of eagles if needed. This change will facilitate the responsible development of renewable energy and other projects that will be in operation for many decades while being consistent with statutory mandates protecting eagles. This rule would also substantially increase the fees charged for processing applications for programmatic permits in order to ensure that the Service recovers costs associated with issuing and monitoring the permit over its lifetime.

Proposed Eagle Permitting Q and A

Eagle Permitting Proposed Rule

Changes in the Regulations Governing Eagle Permitting

The Service is proposing to revise the regulations governing permits for take of Golden Eagles (Aquila chrysaetos) and Bald Eagles (Haliaeetus leucocephalus), where the take is associated with, but not the purpose of, an activity. The Service proposes to extend the maximum term for programmatic permits from five to 30 years, if the permit incorporates conditions requiring implementation of additional measures to ensure the preservation of eagles if needed. This change will facilitate the responsible development of renewable energy and other projects that will be in operation for many decades while being consistent with statutory mandates protecting eagles. This rule would also substantially increase the fees charged for processing applications for programmatic permits in order to ensure that the Service recovers costs associated with issuing and monitoring the permit over its lifetime.

Advanced Notice of Proposed Rulemaking Q and As

Advanced Notice of Proposed Rule

Past Actions

• Final EA
• FONSI
• News Release
• Proposed Permit Regs
• Final regulations for take authorized under the ESA
• Draft Environmental Assessment
• Notice of Announcement for Draft Environmental Assessment

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