Definition of Disturb: 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.

Timing of the Disturbance: In addition to immediate impacts, this definition also covers impacts that result from alterations that were started near a nest site during a time when eagles are not present if, upon the eagle’s return, those alterations agitate or bother an eagle to a degree that interferes with or interrupts normal breeding, feeding, or sheltering habits, and cause injury, death or nest abandonment.

Routine Activities: Eagles are unlikely to be disturbed by routine use of roads, homes, and other facilities where such use was present before an eagle pair successfully nested in a given area.