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Services  >>  Conserve  >>  Natural Resources  >>  Bald and Golden Eagle Protection
What is it?

The Bald and Golden Eagle Protection Act (BGEPA), which was enacted in 1940 and amended several times, prohibits anyone, without a permit issued by the Secretary of the Interior, from “taking” bald/golden eagles, including their parts, nests, or eggs. 

While the bald eagle was removed from the Federal Endangered Species Act (ESA) list, they are still protected by BGEPA and the Migratory Bird Treaty Act (MBTA).

The BGEPA is administered by the US Fish & Wildlife Service.

What has the Army done?

The bald eagle can be found on 41 Army installations, and contiguous to 15 more installations.  Golden eagles are also found on a number of military installations.

A major difference between BGEPA and the ESA is the Army may make a determination of “not likely to adversely affect” without having to initiate any dialogue with the FWS.  However, if the Army determines an action will likely cause a disturbance or "take" of bald or golden eagles, then a permit from FWS is needed.

What does the Army have planned?

In fiscal year 2011, installations started entering specific data on Bald and Golden Eagle species in the Army Environmental Database - Environmental Quality (AEDB-EQ).  This data helps the Army plan how to best comply with its obligations under BGEPA and perpetuate its role as an active and effective steward of public land while carrying out its military mission.  Additionally, the data provides Headquarters, Department of the Army (HQDA) with the necessary information for the Defense Environmental Program Annual Report to Congress (DEPARC).

Why is this important?

BGEPA 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 or golden eagle, alive or dead, or any part, nest or egg thereof.” 

BGEPA defines “take” as pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest, or disturb.  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.

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