CU06- 54                                                                                                                         

The U.S. Fish and Wildlife Service published a draft environmental assessment of the definition of “disturb” under the Bald and Golden Eagle Protection Act in today’s Federal Register, opening a 30 day public comment period.  The Eagle Protection Act and this definition, if approved, will be used to manage the bald eagle if it is delisted from the Endangered Species Act.

The draft environmental assessment made available today contains as its preferred alternative a definition of disturb similar to what was proposed in February.  It has been revised for purposes of clarity.  The revised definition reads as follows:  “Disturb means to agitate or bother a bald or golden eagle to the degree that causes injury or death to an eagle (including chicks or eggs) due to interference with normal breeding, feeding, or sheltering behavior, or nest abandonment. Injury would be defined as “a wound or other physical harm, including a loss of biological fitness significant enough to pose a discernible risk to an eagle’s survival or productivity.”

"The recovery of the bald eagle and possible removal from the Endangered Species List is a great national success story," said H. Dale Hall, Director of the U.S. Fish and Wildlife Service.  "As we prepare to manage bald eagles under the Bald and Golden Eagle Protection Act, the modified definition of disturb reemphasizes the management efforts that have proven so successful in recovering eagle populations. If the eagle is delisted, we expect the general public won’t notice any major changes in how eagles are managed and protected.”

If delisted from the Endangered Species Act, bald eagles will continue to be protected by the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act (MBTA).  Both acts protect bald eagles by prohibiting killing, selling or otherwise harming eagles, their nests or eggs.

Last February, the Service proposed a regulation to clarify the term "disturb" under the Bald and Golden Eagle Protection Act and opened a public comment period on the proposal. In accordance with the National Environmental Policy Act, the Service has prepared a draft environmental assessment (EA) on the proposed regulation and the proposed definition of “disturb.”

The draft EA is open for the public to comment for thirty days, and the comment period on the proposed definition is also re-opened for thirty days. To see the draft EA, visit the Service’s bald eagle website at <http://migratorybirds.fws.gov/BaldEagle.html>.

After public comment, the Service will publish a final rule and the final Bald Eagle Management Guidelines and intends to propose a rulemaking to establish criteria for issuance of a permit to authorize activities that would "take" bald eagles under the Eagle Protection Act.  The Service will consider addressing the existing Endangered Species Act authorizations in that rulemaking, which if finalized might extend comparable authorizations under the Eagle Act.

Comments on the draft environmental assessment on the definition of “disturb” under the Bald and Golden Eagle Protection Act must be received by (30 days after Federal Register publication).  Comments should be sent to Chief, Division of Migratory Bird Management, U.S. Fish and Wildlife Service, 4401 N. Fairfax Drive, MBSP-4107, Arlington, Virginia   22203.  Comments on the draft environmental assessment may also be transmitted electronically at <baldeagle_proposedrule@fws.gov>.