Federal regulations, 50 CFR 22.26 and 22.27 published in November 2009, established the authority to issue permits allowing eagle take and eagle nest take, as follows:
50 CFR 22.26 governs the issuance of permits to take bald eagles and golden eagles where the take is associated with, but not the purpose of, the activity and cannot practicably be avoided. Most take authorized under this section will be in the form of disturbance, however permits may authorize non-purposeful take that may result in mortality.
50 CFR 22.27 has established authority to issue permits for removing eagle nests where:
- necessary to alleviate a safety emergency to people or eagles
- necessary to ensure public health and safety
- the nest prevents the use of a human-engineered structure or
- the activity or mitigation for the activity will provide a net benefit to eagles
Your first responsibility is to avoid disturbance/impact of eagles and their nests. Note: Only inactive nests may be taken, except in the case of safety emergencies. To use this website most effectively, we recommend that you read the Bald Eagle Natural History and Sensitivity document and the National Bald Eagle Management Guidelines.
To determine if your proposed activity or project might require a permit follow this link to START THE APPLICATION PROCESS.
Below are relevant documents that will help you understand the new Eagle Permit process: