Eagle Management

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Finding Breeding Eagles and Eagle Nests

The first step in protecting eagle nests and protecting breeding eagles from disturbance is knowing where eagle nests are located and understanding eagle breeding territories. The U.S. Fish and Wildlife Service does not maintain a database of eagle nest locations. Many state wildlife and natural resource agencies, as well as non-governmental organizations, keep records of eagle nest locations; we recommend contacting these entities to see if data is available for your area. Please note that even the most recent databases will not contain all records; it is the responsibility of anyone conducting activities that may disturb eagles and/or take eagle nests to survey the vicinity for any breeding eagle activity and eagle nests before conducting these activities.

Resources

The below resources are not official USFWS guidance, recommendations, or requirements; they are provided for informational purposes only.

• Protocol for Golden Eagle Occupancy, Reproduction, and Prey Population Assessment - Driscoll 2010
• Protocol for Evaluating Bald Eagle Habitat and Populations in California - Jackman and Jenkins 2004

Avoiding and Minimizing Disturbance to Eagles

Bald Eagle Management Guidelines

Golden Eagle Nest Disturbance

Golden eagles may be sensitive to the presence and activities of humans and potentially easily disturbed. The Service has drafted a synthesis of scientific information on human disturbance of golden eagles.

   Considering Disturbance to Golden Eagles

Regional Resources

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Permits for Disturbance Take

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There are regulations that allow the U.S. Fish and Wildlife Service to permit take of bald eagles or golden eagles (50 CFR 22), including incidental disturbance take, under certain circumstances when specific criteria and conditions are met.  Notably, take can only be authorized when it is associated with, but not the purpose of, an activity, and the take cannot practicably be avoided. The take permitting system under the Bald and Golden Eagle Protection Act provides an effective means for the Service to work proactively with public and private entities to reduce unintentional harm to eagles and, when necessary, assure it is offset. It also provides a mechanism to gain important data on what, how, and when human activity disturbs eagles. In return for working with the Service to reduce harm to eagles, a permittee is provided a guarantee that they will not be prosecuted for the disturbance of an estimated number of eagle pairs.

Assessing the Need for a Disturbance Take Permit

Are you planning an activity around an in-use (sometimes referred to as "active") eagle nest or an alternate (sometimes referred to as "inactive") eagle nest?  Wondering if you need a permit?

A few activities that the Service is commonly asked about that do not require a permit are when activities are conducted adjacent to a communal eagle roost or foraging area, or when eagles need to be hazed, which entails the use of non-lethal and uninjurious methods to disperse eagles away from a site, unless the hazing may disrupt eagle breeding activity.

The Service provides additional information for consideration when determining if a permit may be needed for activity around a bald eagle nest:

Pursuing a Permit

You've determined that, yes, you do need a permit for disturbance to breeding eagles.  In 2024, the Service revised the regulations for the issuance of permits for eagle incidental take, including disturbance take, and eagle nest take under the Bald and Golden Eagle Protection Act. The revised regulations include a new system of general permits in addition to the specific-permit situations the Service has authorized in the past.

There are now two paths for getting a permit for eagle take: applicants can pursue either a General Permit or a Specific Permit.

General Permits for Disturbance

General permits are designed for situations with low risks to eagles and are like an "express lane" approach to authorize incidental disturbance to breeding eagles when certain criteria and conditions can be met.

Eligibility Criteria and Conditions

General permits are available for disturbance of bald eagles only, they are not available for disturbance of golden eagles.

Only certain activities, under prescribed conditions, are eligible for a general permit. The specified activity types listed below are eligible for general permits:

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1. Building construction and maintenance
2. Linear infrastructure construction and maintenance
3. Alteration of shorelines and water bodies (e.g. dams and reservoirs)
4. Alteration of vegetation
5. Controlled burns
6. Motorized recreation [in-use nests only]
7. Nonmotorized recreation [in-use nests only]
8. Aircraft operation within 1,000 feet [in-use nests only]
9. Loud, intermittent noises (e.g., blasting) within one-half-mile [in-use nests only]

Note that only federally-recognized Tribes may receive a general permit for bald eagle disturbance take in Indian Country (as defined in 18 U.S.C. § 1151).

Activities that may cause complete loss of an eagle breeding territory are ineligible for take coverage under general permits.  If loss of an eagle territory may occur, please apply for a specific permit for eagle disturbance.

To obtain a general permit, a person or entity must agree to certain standard conditions.  These include general standard conditions applicable to all of the nine eligible activities types, as well as standard conditions specific for each activity type.  Please review the standard conditions below.  If you can comply with all of these conditions, you are eligible to receive a general permit.  If even one condition can not be met, you are ineligible to receive a general permit and can instead apply for a specific permit for eagle disturbance.

All general permit holders will be required to monitor the disturbed eagle pair and their nest(s) to collect information sufficient to determine whether the eagle pair occupies a nest and whether the eagles fledge nestlings.

General permits do not require any compensatory mitigation.

If any of these criteria and conditions can not be met and complied with, you are not eligible for a general permit and can instead apply for a specific permit for eagle disturbance.

Obtaining a General Permit

Permittees self-certify for a general permit via an automated online system.  Once self-certification and payment for a general permit is complete, a permit will be automatically created and provided by the automated system for the permittee to download and print.

General permits for bald eagle disturbance take are only effective for a maximum of a year and always expire on August 31. When obtaining a general permit, permittees can either have their permit effective immediately or they can delay the permit effective date to September 1 to allow for permit expiration to be August 31 of the following year. If the permittee chooses to delay the effective date to September 1, take would only be authorized beginning September 1 and not prior.  If a permit is needed for multiple years, the permittee will need to self-certify and obtain a new permit each year.
 

Fee Schedule for General Permits for Bald Eagle Disturbance

Reporting for General Permits for Bald Eagle Disturbance

Permittees with general permits must submit an annual report using the Service Form 3-202-15. Annual reports are due within 30 days of the expiration of the permit, i.e., by September 30, or prior to requesting a new general permit, whichever is first.

Apply for a General Permit for Bald Eagle Disturbance

General Permits Issued To-Date

Specific Permits for Disturbance

Along with the general permits described above, the Service will also continue to review specific permits for situations that have high or uncertain risks to eagles.  These specific permits are available for situations that are ineligible for general permits or if an applicant is unable or unwilling to adhere to the terms and conditions of a general permit.

Specific permits authorizing incidental eagle disturbance take are the only option for, but not limited to, the following:

• Golden eagle disturbance
• Bald eagle disturbance from activities other than the nine activity types indicated for general permit eligibility
• Bald eagles nesting in Indian Country (as defined in 18 U.S.C. § 1151).
• Activities that may result in permanent loss of an eagle territory
• Reoccurring long-term disturbance

Specific permits authorizing incidental disturbance take of eagles have a maximum tenure of five years. Permittees issued a specific permit may be required to monitor the disturbed eagle pair and their nest(s) and may be required to provide offsetting compensatory mitigation.

Fee Schedule for Specific Permits for Eagle Disturbance

Apply for a Specific Permit for Eagle Disturbance

Bald Eagle and Golden Eagle Compensatory Mitigation Programs

The USFWS has approved power pole retrofits and lead abatement to offset eagle take, and is reviewing other mitigation options for approval in the near future. We strongly encourage anyone interested to reach out to the Service if they would like to be a mitigation provider or would like to develop an additional mitigation method. Please email migratorybirdpermits@fws.gov. 

The U.S. Fish and Wildlife Service currently has two authorized in-lieu fee programs with which we have formal agreements, the Bald Eagle And Golden Eagle Electrocution Prevention In-lieu Fee Program and the Eagle Protection and Offset Program, to sell compensatory mitigation credits for bald and golden eagle take.  These two third-party mitigation options are specific to eagles and authorized by USFWS to offset incidental eagle take.  (Note: USFWS authorization of these programs does not constitute blanket endorsement of either company, or a parent company, operating these programs)

      BALD EAGLE AND GOLDEN EAGLE ELECTROCUTION PREVENTION IN-LIEU FEE PROGRAM

      EAGLE PROTECTION AND OFFSET PROGRAM

Bald Eagle Breeding Season Dates

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Permits for Nest Take

As noted above, eagle nests are protected at all times, not just when the nests are in use by eagles. Therefore, eagle nests can never be removed, destroyed, moved or relocated, tampered with, or obstructed, no matter what time of year it is, without a permit.  The Service does have the ability to authorize take of an eagle nest under certain circumstances.  Regulations regarding eagle nest take were revised in 2024.

An eagle nest is defined as "any assemblage of materials built, maintained, or used by bald eagles or golden eagles for the purpose of reproduction" (50 CFR 22.6).

Some additional definitions related to eagles nests and their status that are helpful when determining if and when a permit may be issued to authorize the take of a nest are when a nest is defined as "in-use" by eagles or when a nest is an "alternate" nest of a breeding eagle pair.  An eagle nest is considered "in-use" when there is "the presence of one or more eggs, dependent young, or adult eagles on the nest in the past 10 days during the breeding season" (50 CFR 22.6).  An "alternate nest" means "one of potentially several nests within a nesting territory that is not an in-use nest at the current time. When there is no in-use nest, all nests in the territory are alternate nests" (50 CFR 22.6).

Justifications for Nest Take

1. Emergency 
2. Health and Safety
3. Regain the use of a human-engineered structure structure
   Something temporarily or permanently constructed, built, or placed; and constructed of natural or manufactured parts including, but not limited to, a building, shed, cabin, porch, bridge, walkway, stair steps, sign, landing, platform, dock, rack, fence, telecommunication device, antennae, fish cleaning table, satellite dish/mount, or well head.
   
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4. Protection of an ESA-listed species
5. Other Purposes (provided the activity or mitigation provides a net benefit to eagles)

The Service's ability to authorize nest take for the justifications listed above are dependent on the status of the nest.

General Permits for Bald Eagle Nest Take

In 2024, The Service revised the regulations for the issuance of permits for eagle incidental take and eagle nest take under the Bald and Golden Eagle Protection Act.  The revised regulations include a new system of general permits in addition to the specific-permit situations the Service has authorized in the past. These general permits are designed for situations with low risks to eagles and are an alternative approach to authorize certain activities under prescribed conditions, including general permit options for take of an eagle nest.

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General permits are available for bald eagle nests only, they are not available for take of golden eagles nests, and only certain situations are eligible:

• Take of a nest for a safety emergency
• Take of a nest for health and safety
• Take of a nest located on a human-engineered structure structure
  Something temporarily or permanently constructed, built, or placed; and constructed of natural or manufactured parts including, but not limited to, a building, shed, cabin, porch, bridge, walkway, stair steps, sign, landing, platform, dock, rack, fence, telecommunication device, antennae, fish cleaning table, satellite dish/mount, or well head.
  
  Learn more about structure

General permits for take of bald eagles nests located in Alaska may also be available for other reasons.  Contact the Alaska region Migratory Bird Permit Office for additional information.

Only federally-recognized Tribes may receive a general permit for bald eagle nest take in Indian Country (as defined in 18 U.S.C. § 1151).

Activities that may cause complete loss of an eagle breeding territory are ineligible for take coverage under general nest take permits.

General permits for bald eagle nest take are only effective for a maximum of a year.  Permittees self-certifying for a general permit will be required to monitor the eagle pair associated with the taken nest, however they will not owe any compensatory mitigation. All general permit holders must agree to general standard conditions of the permit.

Fee Schedule for General Permits for Bald Eagle Nest Take

Apply for a General Permit Bald Eagle Nest Take

General Permits Issued To-Date

Specific Permits for Nest Take

Along with the general permits described above, the Service will also continue to review specific permits for situations that have high or uncertain risks to eagles.  These specific permits are available for situations that are ineligible for general permits or if an applicant is unable or unwilling to adhere to the terms and conditions of a general permit.

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Specific permits authorizing eagle nest take are the only option for:

• Golden eagle nest take
• Bald eagle nest take for
  • Protection of species listed as endangered or threatened under the Endangered Species Act
  • Any reason other than a safety emergency or health and safety
  • Nests not located on human-engineered structures
  • Nests located in Indian Country (as defined in 18 U.S.C. § 1151).
• Activities that may result in permanent loss of an eagle territory

For any nests that are taken that are not due to a safety emergency or health and safety concerns, not located on a human-engineered structure structure
Something temporarily or permanently constructed, built, or placed; and constructed of natural or manufactured parts including, but not limited to, a building, shed, cabin, porch, bridge, walkway, stair steps, sign, landing, platform, dock, rack, fence, telecommunication device, antennae, fish cleaning table, satellite dish/mount, or well head.

Learn more about structure , or whose take is not protecting an ESA-listed species, the take of the nest must provide a net benefit to eagles.  The Service does not issue nest take permits for convenience.

Specific permits authorizing eagle nest take have a maximum tenure of five years. Permittees issued a specific permit may be required to monitor the eagle pair associated with the taken nest and may be required to provide offsetting compensatory mitigation.

Fee Schedule for Specific Permits for Eagle Nest Take

Apply for a Specific Permit for Eagle Nest Take

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Territory Loss

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Both incidental disturbance take of breeding eagles and take of eagle nests can lead to territory loss for the affected eagles.  Along with behavioral disturbances from human activity, modification or loss of nesting, breeding, resting, and foraging habitat due to human development can also cause a territory to no longer be usable by eagles.

More extensive surveys for eagles and their nests over a broader area, as well as behavioral observations of territorial eagles, may be necessary to gather information on eagle territories in the vicinity of human activities and how these territories may be affected by the activities.

The Service can authorize loss of an eagle territory under an eagle disturbance take specific permit.  Contact your regional Migratory Bird Permit Office for assistance.