On May 4, the U.S. Fish and Wildlife Service (FWS) released a draft rule and a draft programmatic environmental impact statement (PEIS) that, if approved, would authorize 30-year take permits for bald and golden eagles. The rule would require companies to mitigate impacts to eagles and expand mitigation options. In addition, companies would be required to fund conservation measures that would protect more than one eagle for every golden eagle expected to be killed during development. FWS proposes to review the 30-year permits at least every five years to ensure that projects are not exceeding the anticipated level of take.

According to the agency, the longer-term permits are necessary to provide more certainty for some types of projects, in particular wind farms, transmission lines and others. Currently, the agency offers 5-year take permits and believes the shorter term permits discourage companies from pursuing take permits. The hope is the longer permits will encourage more applications and more opportunities to work collaboratively with companies.

"The permitting system provides a mechanism for private companies to do the right thing," said FWS Director Dan Ashe in a statement. "Many companies are making efforts to avoid killing migratory birds during design, construction and operation of industrial facilities, and we look forward to working with additional permit applicants to ensure their operations are compatible with efforts to conserve eagles."

The agency attempted to extend the length of permits three years ago but the proposal was struck down in federal court in August of 2015, in part due to the lack of National Environmental Policy Act analysis. The new draft PEIS is expected to offset those concerns. The proposed rule and draft PEIS are available on the FWS website. Comments on the rule will be accepted until July 5 and can be submitted online or in writing to the FWS office in Falls Church, Virginia.