On May 4, 2016, the United States Fish and Wildlife Service (“FWS”) proposed amendments to regulations governing its comprehensive eagle conservation and management program. The proposal follows a successful challenge by environmental groups to FWS’ prior attempt to change its eagle rules, which was tossed out by a federal judge in 2013. The proposed modifications include changes to the manner by which FWS issues permits allowing otherwise prohibited activities which may unintentionally injure or disturb golden and bald eagles.
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These permits, known as “take” permits, are issued pursuant to FWS authority under the Bald and Golden Eagle Protection Act (the “Eagle Act”). The Eagle Act and corresponding regulations provide that no person is permitted to “take” (i.e. kill, injure, or disturb) a golden or bald eagle without first obtaining a permit from FWS. The Eagle Act extends protection to golden and bald eagles due to their cultural importance, as well as their formerly dwindling numbers. Federal protections are credited with bringing the number of bald eagles in the contiguous United States from a low of 500 nesting couples to approximately 72,000 individuals today (that number more nearly doubles if the population of bald eagles in Alaska is included). Due in part to past conservation efforts, golden eagles and bald eagles are not federally-listed endangered species, but remain protected by the Eagle Act as well as the Migratory Bird Treaty Act.
A major provision of the rule proposal would extend the maximum duration of an incidental take permit to 30 years with a recurring five-year review process. The cost of a long-term take permit under the rule proposal is $36,000, with a $15,000 administrative fee charged every five years when the permit is reviewed. The proposed rule also increases the number of eagles which may be injured or disturbed by a particular permitted activity, determined as a percentage of regional eagle populations. FWS claims that the permitting system established by the proposed rule satisfies the standard created by the Eagle Act which requires FWS to ensure that any take of eagles is “compatible with the preservation of bald eagles or golden eagles.” FWS argues further that the proposal will allow FWS to work with industry in reducing eagle deaths and better track eagle populations.Read the full post here