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Who needs this permit?
An individual, business, agency, or Tribe needs this permit to take Bald Eagles (Haliaeetus leucocephalus) or Golden Eagles (Aquila chrysaetos) by disturbance under the Bald and Golden Eagle Protection Act (BGEPA). Disturbance is when you agitate or bother the species to a degree that is likely to cause or causes:
- Injury to an eagle.
- A decrease in its productivity by substantially interfering with normal breeding, feeding, or sheltering behavior.
- Nest abandonment by substantially interfering with normal breeding, feeding, or sheltering behavior.
The 3-200-91 permit is available for both specific and general circumstances. Use the Eagle Disturbance Take – Specific application if the disturbance will not be a result of one or more of the following activities:
- Building construction including pre-construction work like geotechnical work.
- Linear infrastructure construction and maintenance.
- Alteration of shorelines and water bodies.
- Alteration of vegetation.
- Motorized recreation.
- Nonmotorized recreation.
- Aircraft operation.
- Prescribed burn operations including the footprint of the burn as well as the biproducts if the burn such as smoke, ash, or embers.
- Loud intermittent noises.
If your activity is mentioned above, use the alternative 3-200-91 permit: Eagle Disturbance Take – General.
Check out the Application FAQs for more information and the Application Instructions for help with applying.
What do I need to apply?
You must attach the following to your application:
- Maps and photographs of the location of the activity, if available.
- Copies of any Federal, State, Tribal, and/or local authorizations/permits required for your activity.
- If you are a non-profit entity and want to apply as a non-commercial applicant, attach evidence of your qualifying status such as documentation that you are currently recognized by the Internal Revenue Service (IRS) as exempt.
Is there a fee?
Yes. The processing fees for this permit depend on whether you are a commercial or non-commercial applicant, as shown below.
Non-commercial applicants:
- $500, non-refundable, to apply
- $150 to amend
- $500, non-refundable, to renew
Commercial applicants:
- $2,500, non-refundable, to apply
- $500 to amend
- $2,500, non-refundable, to renew
Fee exempt:
Federal, Tribal, State, and local government agencies, and those acting on behalf of such agencies, are exempt from processing fees (documentation may be required) except for the administrative fees for permits issued under Subpart E of 50 CFR 1.22. Please ensure that you submit evidence of agency status with your application because the United States Fish and Wildlife Service (USFWS) will require all processing fees prior to accepting your application unless otherwise authorized/waived.
When does it expire?
This permit is valid for up to 5 years after which you must submit a renewal application at least 30 days before it expires.
Are there reporting requirements?
Yes. All permittees must submit an annual report using the Service Form 3-202-15. The report must include nest status and, if occupied, nest fate (e.g., fledged young or failed to fledge young). Your annual report is due within 30 days of the expiration of your permit or prior to requesting renewal of your permit, whichever is first. An annual report is required, even if no eagle activity was observed or no activities were conducted.
What else do I need to know?
Anyone who assists or acts as your agent for the activities under this permit must have their own 3-200-90 permit or be identified by you as a sub-permittee on the application.
Hazing—the use of nonlethal methods to disperse eagles away from a site—does not constitute eagle disturbance unless it is adjacent to an in-use nest and disrupts eagle breeding activity. The intent of hazing is to purposefully deter eagle depredation (e.g., substantial injury to wildlife or agriculture) or reduce threats to human or eagle health and safety by temporarily displacing individual eagles from a location. We currently recommend nest buffers of 660 feet for bald eagles and 1 mile for golden eagles. Hazing within those buffers may require an eagle depredation permit. Please reach out to USDA-Wildlife Services to begin the process of obtaining such a permit.