Eagle Incidental Take Permitting
The Service may authorize the "take" of eagles where the take is compatible with the preservation of bald and golden eagles, and the take is associated with, but not the purpose, of an activity and cannot be practicably avoided. This type of take is considered "incidental take." The regulation authorizing incidental eagle take permits for bald and golden eagles can be found in the Code of the Federal Register 50 CFR 22.80.
"Take means pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, destroy, molest, or disturb" (50 CFR 22.6). Disturb means "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" (50 CFR 22.6)
On September 30th, 2022, the Service published in the Federal Register a proposed rule and draft environmental assessment with approaches to improve the eagle incidental take permitting program. The Service’s intent for both bald and golden eagles is to ensure that the regulations for these permits are consistent with the goal of maintaining stable or increasing breeding populations.
Info on Eagle Act Regulation Revisions