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
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 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 Information in these databases is often out of date - eagle nests may no longer exist and/or new eagle nests may not be in the database.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.
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.
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 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