National Bald Eagle Management Guidelines May 2007
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The Service intends to pursue the development of regulations that would authorize, under
limited circumstances, the use of permits if “take” of an eagle is anticipated but
unavoidable. Additionally, if the bald eagle is delisted, the Service intends to provide a
regulatory mechanism to honor existing (take) authorizations under the Endangered
Species Act (ESA).
During the interim period until the Service completes a rulemaking for permits under the
Eagle Act, the Service does not intend to refer for prosecution the incidental “take” of any
bald eagle under the MBTA or Eagle Act, if such take is in full compliance with the terms
and conditions of an incidental take statement issued to the action agency or applicant
under the authority of section 7(b)(4) of the ESA or a permit issued under the authority of
section 10(a)(1)(B) of the ESA.
The Guidelines are applicable throughout the United States, including Alaska. The
primary purpose of these Guidelines is to provide information that will minimize or prevent
violations only of Federal laws governing bald eagles. In addition to Federal laws, many
states and some smaller jurisdictions and tribes have additional laws and regulations
protecting bald eagles. In some cases those laws and regulations may be more protective
(restrictive) than these Federal guidelines. If you are planning activities that may affect
bald eagles, we therefore recommend that you contact both your nearest U.S. Fish and
Wildlife Service Field Office (see the contact information on p.16) and your state wildlife
agency for assistance.
LEGAL PROTECTIONS FOR THE BALD EAGLE
The Bald and Golden Eagle Protection Act
The Eagle 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 and
civil 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.” “Disturb’’ means:
"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 injures an eagle or substantially interferes with normal breeding,
feeding, or sheltering habits and causes, or is likely to cause, a loss of productivity or nest
abandonment.