Bald and Golden Eagles

The U.S. Fish and Wildlife Service has announced a final rule on two new permit regulations that would allow for the take of eagles and eagle nests under the Bald and Golden Eagle Protection Act (Eagle Act). The final rule should was published in the Federal Register on September 11, 2009.

Bald Eagles were removed from the endangered species list in June 2007 because their populations recovered sufficiently. However, the protections under the Eagle Act continue to apply. When the Bald Eagle was delisted, the Service proposed regulations to create a permit program to authorize limited take of Bald Eagles and Golden Eagles where take is associated with otherwise lawful activities.

The permits will authorize limited, non-purposeful take of Bald Eagles and Golden Eagles; authorizing individuals, companies, government agencies (including tribal governments), and other organizations to disturb or otherwise take eagles in the course of conducting lawful activities such as operating utilities and airports. Most permits issued under the new regulations would authorize disturbance. In limited cases, a permit may authorize the physical take of eagles, but only if every precaution is taken to avoid physical take. Removal of eagle nests would usually be allowed only when it is necessary to protect human safety or the eagles.

Population information for both eagle species will guide the Service in determining how many permits may be issued in any locality, including other types of permits the Service already issues. Priority will be given to Native American requests for permits to take eagles (under existing regulations) where the take is necessary for traditional ceremonies. Because of the limited size of the Bald Eagle populations in the Southwest, permits may not be available in all locations. Disturbance or take of Golden Eagles is likely to be limited everywhere in the U.S. due to potential population declines.

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Final EA
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Migratory Bird Permits Home

Past Actions

• Final Rule Defining Disturb
• Proposed Permit Regs
• Final regulations for take authorized under the ESA
• Draft Environmental Assessment
• Notice of Announcement for Draft Environmental Assessment
  
  

More information about eagles.

• National Bald Eagle Management Guidelines
• Post-delisting monitoring plan
• Additional Resources
  Population Trends
  Species Profile
  

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