3-200-71: Eagle Incidental Take (General Permit)
Bald and Golden Eagle Protection Act, 50 CFR 22.250, 22.260
What is this Permit For?
This General Permit authorizes the incidental take of bald eagles (Haliaeetus leucocephalus) and golden eagles (Aquila chrysaetos) associated with operation of wind energy projects (50 CFR 22.250) or associated with power line activities (50 CFR 22.260). Incidental take means take that is foreseeable and results from, but is not the purpose of, an activity.
Wind Energy Projects
To qualify for a general permit, you must be located in the contiguous 48 States and:
1. Be a project applying for a general permit for the first time, and all turbines associated with the project are:
- At least 2 miles from a golden eagle nest and at least 660 feet from a bald eagle nest; and
- Located in areas characterized by seasonal relative abundance values that are less than the relative abundance values for the date range for each species in Tables 1 and 2:
Table 1
Relative Abundance Value Thresholds for Bald Eagles Throughout the Year
Date Range | Bald Eagle Relative Abundance |
1. February 15 – May 23 | 0.821 |
2. May 24 – July 19 | 0.686 |
3. July 20 – December 20 | 0.705 |
4. December 21 – February 14 | 1.357 |
Table 2
Relative Abundance Value Thresholds for Golden Eagles Throughout the Year
Date Range | Golden Eagle Relative Abundance |
1. February 8 – June 6 | 0.081 |
2. June 7 – August 30 | 0.065 |
3. August 31 – December 6 | 0.091 |
4. December 7 – February 7 | 0.091 |
2. Be a project currently authorized under a general permit that:
- Has discovered fewer than four eagles (either eagle remains or injured eagles) of any one species during the previous general permit tenure;
- Had no lapse in general-permit coverage; and
- Ensures that any turbines not authorized on the previous general permit meet the issuance criteria.
3. Be an existing project that has received a letter of authorization from the Service.
Power Line Activities
All power line activities are eligible for a general permit as long as you agree to the conditions in 50 CFR 22.260.
PLEASE READ: Application FAQs and Instructions
Permit Details:
Application Fees (non-refundable, applies to both wind energy and power lines):
General Permit (Maximum of 5 years): $1,000
Administration Fees
Wind Energy
Distributed and Community Scale: $2,500
Utility Scale: $10,000
Power Lines
Non-Investor Owned: $2,500
Investor Owned: $10,000
Duration: Up to 5 years
Application review time:
Available to print as soon as application and payment are complete. Once you have submitted payment, click on the Return Home option. Your new permit will be located under My Permits and Requests/My Active Permits.
Application: Form 3-200-71
FAQs: Frequently Asked Questions
Instructions: Application Form Instructions
Annual Report Form: Form 3–202–15
Regulations: 50 CFR 22.210, 50 CFR 22.250,50CFR 22.260
Helpful tips in completing your application:
Common Questions | Answers |
Under what circumstances can eagle take be authorized under this type of permit? | This permit authorizes incidental take of eagles where the take results from but is not the purpose of an otherwise lawful activity. Specifically, this permit authorizes incidental take of eagles by wind energy generation projects, power line infrastructure, and other activities that may result in incidental death or injury of eagles. |
Can this permit be used for purposeful take of eagles for any purposes? | No. This permit only authorizes incidental take, as defined above. For purposeful take of eagles, contact your Regional Migratory Bird Permit Office. |
What is required to determine if there is a nest near my project? | As the applicant, you are responsible for determining if there are eagle nests near your project. To determine if there are eagle nests near your project, the Service recommends both a desktop analysis and field-based surveys. |
Will I be required to submit a report? | All permittees must submit an annual report using the Service Form 3-202-15. The report must include any discovered eagle remains or injured eagles, including species, condition, discovery date, location, and other information relevant to eagle identification. Permittees are also required to report dead or injured eagles discovered in the Service’s Injury and Mortality Reporting System (IMR) no later than two weeks from the date of discovery of eagle remains or eagle injury. |