Eagle Permits

TABLE OF CONTENTS

OVERVIEW

3.1 What is the purpose of this chapter? This chapter describes the types of permits and regulatory authorizations that the U.S. Fish and Wildlife Service (Service) administers under the Bald and Golden Eagle Protection Act (Eagle Protection Act) and its regulations at 50 CFR Part 22. 

3.2 What is the scope of this chapter?

A. This chapter covers permits and authorizations under 50 CFR Part 22.

B. It does not include information on:

(1) Permitting under the Migratory Bird Treaty Act (MBTA) or regulations at 50 CFR Part 21. For information on permitting for other migratory birds, see 724 FW 2.

(2) Specific procedures and requirements for permits to obtain from the National Eagle Repository eagle whole remains, parts, and feathers for Native American religious ceremonial use (see 724 FW 4).

3.3 What is the Eagle Protection Act and what does it cover? For detailed information on the Eagle Protection Act and what it covers, see 720 FW 1. As authorized by the Eagle Protection Act, the Secretary of the Interior may issue permits and implement regulations, which are functions the Secretary delegates to the Service.

REGULATED SPECIES AND ACTIVITIES

3.4 What eagle species and what parts are protected? The Eagle Protection Act protects two eagle species—bald eagles (Haliaeetus leucocephalus) and golden eagles (Aquila chrysaetos), which we refer to throughout this chapter collectively as “eagles.” Eagles, including live birds and whole remains, partial remains, feathers, parts, eggs (viable and nonviable), and nests (in use or alternate), are protected. This includes any products, art, and other objects that contain or are composed of eagle parts, such as bones or feathers. 

3.5 What activities do the eagle regulations cover? In general, under the Eagle Protection Act and 50 CFR Part 22, a permit is required for the taking, possession, and transport of eagles and their parts, nests, and eggs. This includes for scientific, exhibition, and depredation purposes; religious purposes of Native American Tribes (see 724 FW 4); and to protect other interests in a particular locality. The regulation also covers international transportation for scientific, educational, and Native American religious purposes. The import, export, purchase, sale, trade, or barter of bald eagles and golden eagles, or their parts, nests, or eggs are prohibited. 

3.6 What is the definition of take for eagles? The Eagle Protection Act defines take (16 U.S.C. 668c) to mean “pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, destroy, molest, or disturb.” The regulations at 50 CFR 22.6 define “disturb.”

3.7 What is an eagle nest? The regulations at 50 CFR 22.6 define eagle nest. Additional nest definitions are included in 50 CFR 22.6, including in-use nest and alternate nest.

PERMITS AND OTHER AUTHORIZATIONS

3.8 What types of eagle permits are available? Most permit types have their own regulation in 50 CFR Part 22. Some regulations administer multiple permit types. See the Migratory Bird Permitting Handbook for a complete list of permit types.

3.9 What are the regulatory authorizations for eagles? In certain circumstances, a regulation can provide authorization under the Eagle Protection Act. See the Migratory Bird Permitting Handbook for a complete list of regulatory authorizations that apply to eagles.

3.10 What other regulations apply? Both bald eagles and golden eagles are also protected by the MBTA. These species are most commonly administered under the Eagle Protection Act and associated regulations (50 CFR Part 22); however, authorization must also be consistent with the MBTA. In a few instances, 50 CFR Part 21 applies to eagles, as described in 50 CFR 21.4(b).