The likelihood that eagles will use an alternate nest decreases the longer it goes unused. After 5 years of disuse, the probability of eagles using the nest is so low that protection from disturbance is no longer necessary. If you have information indicating that the nest has not been active for the preceding 5 years, following the recommendations provided in these guidelines is not necessary. The nest itself remains protected by other provisions of the Bald and Golden Eagle Protection Act, however, and may not be destroyed.