The U.S. Fish and Wildlife Service (FWS) released a final rule on September 11 that will allow two new types of take permits under the Bald and Golden Eagle Protection Act, reports the Wildlife Management Institute. The new rules will allow limited incidental "take" or disturbance of eagles through public safety activities or other development projects. The take permits will only be granted if they will not impact the FWS' goal of maintaining or increasing eagle populations; deliberate killing of eagles is not authorized under either new permit type.

The bald eagle was removed from the Endangered Species Act in 2007, and incidental take permits had been allowed under the ESA. However, there were no similar provisions under the Bald and Golden Eagle Protection Act after the eagle was delisted. According to the FWS, the growing population of bald eagles, in particular, could significantly curtail legal human activities if such permits were not available.

"Both bald and golden eagle populations will benefit from these new permits," said Sam Hamilton, Director of the U.S. Fish and Wildlife Service. "These two new permits will be based on sound science, help us improve our understanding of the species and ultimately our ability to successfully manage eagle populations. In addition, the new permits provide strong safeguards to ensure that permitted activities are consistent with the preservation of bald and golden eagles."

There are two new permit types that will be authorized. The first will allow take when the disturbance is associated with, but not the purpose of an activity, for instance during real estate development. The second would allow the removal of nests under limited circumstances in particular if they cause safety concerns. In order to manage the population impacts of these new take permits, each FWS region will have a cap of no more than 5 percent of the estimated annual regional productivity.

"While the final rule establishing the new permit program covers the management of both bald eagles and golden eagles, the two species represent two very different management challenges," said Paul Schmidt, the Service's Assistant Director for Migratory Birds. "The bald eagle population has rebounded in the past decades, and its recovery poses the challenge of managing a healthy population still protected under the Bald and Golden Eagle Protection Act. But unlike the bald eagle, the golden eagle population is not expanding, and may be in decline."

Because of concerns over golden eagle populations, the FWS has stricter parameters for authorizing take on this species. New golden eagle take permits will only be issued for safety emergencies, through programmatic permits designed to provide net benefits to eagles, and if the permit will result in a reduction of ongoing take or a net take of zero.

Take permits will only be allowed if the disturbance is necessary and all practicable measures to avoid or minimize impacts on eagles are used. There are provisions for requiring compensatory mitigation should the project have permanent impacts on breeding territory or communal roost sites or there are multiple take permits authorized in an area.

The new rules will go into effect in early November. ?(jas)