3-200-71: Eagle Take- Associated with, but not the Purpose of, an Activity (Incidental Take)

This permit authorizes the disturbance or other incidental take of eagles where the take results from, but is not the purpose of, an otherwise lawful activity. Permits are available to individuals, agencies, businesses, and other organizations. This permit does not authorize possession of any eagle, eagle parts, or eagle nests. Incidental take includes disturbing eagles, as well as killing and injuring them.

Who Needs It

If you need to remove an eagle nest (including a tree or 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…

Learn more about structure
with an eagle’s nest), do not use this application. Use the Nest Take application (https://www.fws.gov/forms/3-200-72.pdf). If your activity may cause both incidental take and require removal of eagle nest(s), contact your Regional Migratory Bird Permit Office for instructions.

We cannot review a permit application to disturb or take an eagle’s nest without knowing where the eagle’s nest is. As the applicant, you are responsible for determining if there are eagle nest(s) near your project and, if so, where the eagle nest(s) are located in relation to your activity. The USFWS does not keep records of the locations of eagle nests. The State, Tribe(s), or others may have records of eagle nests in your area. Please use caution when querying any eagle nest databases. Information in these databases is often out of date - eagle nests may no longer exist and/or new eagle nests may not be in the database. If you suspect there may be eagle nest(s) in your area, the best approach may be to survey the area for nests. You can start by familiarizing yourself with what eagle nests look like and examining the area. It may also help to ask neighbors in the area and/or hire a biological consultant to determine this for you.

What is meant by "take" of eagles?

This application form can be used for activities that might cause incidental disturbance, injury, or killing/death of eagles.

What is not covered by this permit?

This permit authorizes take only where the take is incidental to and cannot practicably be avoided in the course of an otherwise lawful activity. For purposeful take of eagles, contact your Regional Migratory Bird Permit Office.

Avoidance, Minimization, and Mitigation

Permits specify required avoidance, minimization, and mitigation measures. Applicants should suggest practicable avoidance and minimization measures in their application materials; however, additional measures may be recommended or required by the Service upon application review. Compensatory mitigation may be required to ensure the preservation of the affected eagle species. Compensatory mitigation that is scaled to project impacts will be required for any permit authorizing take that would exceed the take thresholds established for each eagle management unit. Compensatory mitigation must ensure the preservation of the affected eagle species by reducing another ongoing form of mortality by an amount equal to or greater than the unavoidable mortality, or increasing the eagle population by an equal or greater amount.

Annual Report

An annual report must be submitted either using the Service Form 3-202-15 or containing all the information required by the form. For all permits with durations longer than 5 years, monitoring must be conducted by qualified, independent entities that are approved by and report directly to the Service. In the case of permits of 5-year durations or shorter, such third party monitoring may be required on a case-by-case basis.

Process

To Submit an Application

To submit an application online or through the mail, follow the instructions on our ePermits site

Need to submit your annual report?

Download form 3-202-15 to mail in.

Application Fees 

Application fees are non-refundable. Federal, Tribal, State, and local government agencies, and those acting on the behalf of such agencies, are exempt from the processing fee (documentation may be required).

Short-term < 5 years:

  • Non-Commercial - $500 / Amendment Fee - $150
  • Commercial - $2,500 / Amendment Fee - $500


Long-term ≥ 5 years (max 30 years):

  • $36,000 / Administrative fee (every 5 years of permit tenure) - $8,000

Audience

Business Owner/Commercial Business
Government or Government Representative - Local Government
Government or Government Representative - State Government
Homeowner's Association
Individual/General Public
Landowner - Commercial
Landowner - Individual
Military
Native American Tribal Agency or Organization - Federally Recognized
Native American Tribal Member or Agency - Federally Recognized
Non-Profit Entity
Oil/Gas Company
Photographer/Videographer - Commercial
Photographer/Videographer - Individual
Private Land Owners/Managers
Public Land Manager
Utility Company

Activity

Eligibility
City or Township Governments
County Governments
For-profit Organizations Other Than Small Businesses
Higher Education Institutions - Private
Higher Education Institutions - Public and State Controlled
Independent School Districts
Individuals
Native American Tribal Governments - Federally Recognized
Native American Tribal Organizations - Not Federally Recognized Tribal Governments
Nonprofits with 501(c)(3) Status - Not Higher Education Institutions
Nonprofits without 501(c)(3) Status - Not Higher Education Institutions
Public Housing Authorities/Indian Housing Authorities
Small Businesses
Special District Governments
State Governments
ePermit ID
3-200-71
Country(ies)
United States