New York Field Office
Northeast Region

Project Review Step 6 - Bald Eagle

The bald eagle (Haliaeetus leucocephalus) is protected by the Bald and Golden Eagle Protection Act (BGEPA). Follow the steps below to determine if a BGEPA permit may be necessary. Your consultation with the New York Natural Heritage Program (NYNHP) or the New York State Department of Environmental Conservation (NYSDEC) (see Step 3) will have informed you of the presence of any bald eagles in the vicinity of your action area, since the bald eagle is a state-listed species and New York has regulations and / or guidelines for bald eagle management. The bald eagle breeding season in New York is from January through August.

(A). Determine if the action area intersects with a bald eagle nest buffer. The NYNHP and the NYSDEC will have informed you of any bald eagle nests1 occurring in the action area in the course of your contact with them under Step 3.

  1. If the action area is not within 660 feet of a bald eagle nest, add "bald eagle" to the species name column and write “unlikely to disturb nesting bald eagles” to the determination column in the species conclusions table. Please provide a map of your project area, if in close proximity to a nest site and add it to the project review package. Continue to Step 7.

  2. If the action area is within 660 feet of a bald eagle nest, determine whether the proposed action may disturb the nesting eagle by following the steps in the Service's Region 5 bald eagle management guidelines and conservation measures web review process. 

    (a). If you are able to implement the recommendations in the guidelines, write “unlikely to disturb nesting bald eagles” in the determination column. Document recommendations you plan to implement to avoid disturbance in the Notes / Documentation column of the species conclusions table, and add any additional documents / documentation to the project review package. Continue to Step 7.

    (b). If you are unable to implement the recommendations in the guidelines, write "may disturb nesting bald eagles” in the species determination column. Provide an explanation of why the recommendations cannot be implemented in the Notes / Documentation column of the species conclusions table, and add this to the project review package. Continue to Step 7.

1Bald eagle roosting concentrations should also be considered. If the proposed project is near a concentration area, please contact the Service to assist with an evaluation of the proposed project.

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Last updated: October 31, 2014
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