Rulemaking Process and Timeline

Final Rule and Final Environmental Assessment of Incidental Take

On February 12, 2024, the Service published a final rule to increase the efficiency and effectiveness of eagle incidental take permitting, improve clarity for the regulated community, and increase the conservation benefit for eagles . 

The Service also published a final environmental assessment, as required by the National Environmental Policy Act.

The final regulation will be effective 60 days from publication in the Federal Register, on April 12, 2024. Please visit our Eagle Management page for more information on implementation of these regulations. 

Proposed Rule and Draft Environmental Assessment for Incidental Take

On September 30, 2022, the Service published a proposal to create a system of general permits for specific industries with the goal of increasing the conservation benefit for eagles and increasing permit compliance by the public. The Service also published a draft environmental assessment, as required by the National Environmental Policy Act.

The proposed rule published in the Federal Register on September 30, 2022, opening a 60-day public comment period until November 29, 2022.

The public comment period was extended to December 29, 2022. 

Advance Notice of Proposed Rulemaking

On September 14, 2021, the Service published in the Federal Register (86 FR 51094) an Advance Notice of Proposed Rulemaking as a tool to solicit public input and feedback on potential approaches to improve the eagle incidental take permitting program to make the permitting process more efficient and effective. The public comment period closed on October 29, 2021, and the Service received 1,899 distinct comments.