South Dakota Field Office
Mountain-Prairie Region
Federal Project Review


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Migratory Birds

Under the authority of the Migratory Bird Treaty Act (MBTA) of 1918, the Bald Eagle Protection Act (BEPA) of 1940, the Service reviews Federal projects for potential impacts on migratory birds.

Section 703 of the MBTA provides: "Unless and except as permitted by regulations... it shall be unlawful at any time, by any means, or in any manner, to ... take, capture, kill, attempt to take, capture, or kill, possess... any migratory bird, any part, nest, or eggs of any such bird..."

The BEPA prohibits knowingly taking, or taking with wanton disregard for the consequences of an activity, any bald or golden eagles or their body parts, nests, or eggs, which includes collection, molestation, disturbance, or killing activities.

Of special concern are projects such as: telecommunication towers, overhead power lines, and other projects that may result in direct mortality of migratory birds, as well as projects that indirectly effect migratory birds by removing nesting, roosting, or foraging habitat.

For more information about projects in South Dakota contact Natalie Gates of the SD Ecological Services Field Office: 605-224-8693 ext. 25.



Last updated: September 9, 2013

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