The Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c),
enacted in 1940, and amended several times since then, prohibits
anyone, without a permit issued by the Secretary of the Interior,
from "taking" bald eagles, including their parts,
nests, or eggs. The Act provides criminal penalties for persons
who "take, possess, sell, purchase, barter, offer
to sell, purchase or barter, transport, export or import,
at any time or any manner, any bald eagle ... [or any golden
eagle], alive or dead, or any part, nest, or egg thereof." The
Act defines "take" as "pursue, shoot, shoot
at, poison, wound, kill, capture, trap, collect, molest or
disturb."
For purposes of these guidelines, "disturb" means: “to
agitate or bother a bald or golden eagle to a degree that
causes, or is likely to cause, based on the best scientific
information available, 1) injury to an eagle, 2) a decrease
in its productivity, by substantially interfering with
normal breeding, feeding, or sheltering behavior, or 3)
nest abandonment, by substantially interfering with normal
breeding, feeding, or sheltering behavior."
In addition to immediate impacts, this definition also
covers impacts that result from human-induced alterations
initiated around a previously used nest site during a time
when eagles are not present, if, upon the eagle's return,
such alterations agitate or bother an eagle to a degree
that interferes with or interrupts normal breeding, feeding,
or sheltering habits, and causes injury, death or nest
abandonment.
A violation of the Act can result in a fine of $100,000
($200,000 for organizations), imprisonment for one year,
or both, for a first offense. Penalties increase substantially
for additional offenses, and a second violation of this
Act is a felony.
A copy of the Bald and Golden Eagle Protection Act is
available at: http://www.fws.gov/permits/ltr/ltr.shtml.
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