Malcolm Rivera
The Bald and Golden Eagle Protection Act, enacted in 1940, prohibits the take and possession of eagles, their parts, nests, and eggs. The Act defines take as pursuing, shooting, poisoning, wounding, killing, capturing, trapping, collecting, molesting, or disturbing eagles. Disturbance is defined as agitating or bothering an eagle to a degree that causes, or is likely to cause injury, decrease in productivity, or nest abandonment. The Act also provides for eagle disturbance permits for activities that may disturb eagles, such as construction near an eagle nest. These permits ensure that human activities do not adversely affect eagles and balance the needs of humans and eagles in shared spaces.
| Characteristics | Values |
|---|---|
| Disturbance definition | "To agitate or bother a bald or golden eagle to a degree that causes, or is likely to cause, based on the best scientific information available, (1) injury to an eagle, (2) a decrease in its productivity, by substantially interfering with normal breeding, feeding, or sheltering behavior, or (3) nest abandonment, by substantially interfering with normal breeding, feeding, or sheltering behavior" |
| Disturbance examples | Visible human activity, human noise, removing eagle habitat, intentional harassment, displacement of eagles, human-induced alterations to a previously used nest site |
| Protection laws | Bald and Golden Eagle Protection Act, Migratory Bird Treaty Act, Eagle Act, National Bald Eagle Management Guidelines, MBTA, state laws and local ordinances |
| Permits | Required for activities that may disturb eagles, including incidental disturbance, intentional harassment, displacement of eagles, nest removal for human health and safety reasons; not required for activities adjacent to a communal eagle roost or foraging area, or when eagles need to be hazed |
| Penalties | Criminal penalties, civil penalties of $5,000 per violation |
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What You'll Learn
The definition of disturb and take
The Bald and Golden Eagle Protection Act (enacted in 1940) prohibits anyone, without a permit issued by the Secretary of the Interior, from "taking" bald or golden eagles, including their parts (feathers), nests, or eggs. The Act defines "take" as "pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest or disturb."
The Eagle Act includes the term "molest" as part of "take." Nest removal that results in the unpermitted taking of migratory birds or their eggs is illegal and prosecutable under the Migratory Bird Treaty Act. The Bald and Golden Eagle Protection Act also affords protections to eagles, including assurances that they are not disturbed. Disturbance to eagles is one of the forms of "take" prohibited by the law.
"Disturb" is defined as "to agitate or bother a bald or golden eagle to a degree that causes, or is likely to cause, based on the best scientific information available, (1) injury to an eagle, (2) a decrease in its productivity, by substantially interfering with normal breeding, feeding, or sheltering behavior, or (3) nest abandonment, by substantially interfering with normal breeding, feeding, or sheltering behavior." Disturbance to eagles may be caused not only by visible human activity and/or human noise but also by removing eagle habitats.
Permits are available for incidental disturbance and nest take under the Eagle Act. These permits allow for the taking of bald eagles or golden eagles under certain circumstances when specific criteria and conditions are met. Notably, take can only be authorized when it is associated with, but not the purpose of, an activity, and the take cannot be avoided.
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Permits for activities that may disturb eagle nests
The U.S. Fish and Wildlife Service (USFWS) plays a crucial role in issuing permits and providing guidelines. They have developed the National Bald Eagle Management Guidelines to help landowners and the public understand eagle behaviour and minimise disturbances. The USFWS also provides recommendations for activities near eagle nests, which are based on distance from the nest and the time of year eagles are active. These guidelines are especially important when considering home construction near eagle nests.
Eagle disturbance permits are recommended but not required for activities that may disturb eagles. The USFWS has a step-by-step process to determine if an activity near an eagle nest is likely to disturb eagles and if a permit is recommended. The Southwest Region of the USFWS has created a Bald Eagle Disturbance Take Determination Key to assist in this process. Additionally, the USFWS offers specific and general permits for eagle incidental take and eagle nest take. General permits are available for certain activities, including wind-energy generation projects, power line infrastructure, and activities that may disturb breeding bald eagles.
It is important to note that permits are not required for activities that occur farther than specified distances from eagle nests, as they are unlikely to cause disturbance. Regularly occurring activities that pre-date an eagle pair's presence in an area are also assumed to be tolerated and do not require permits. However, if an activity involves the removal, relocation, destruction, or obstruction of an eagle nest, a Nest Take Permit is always required, regardless of the nest's activity status.
In conclusion, permits for activities that may disturb eagle nests are an essential tool for balancing human activities and eagle conservation. The USFWS provides guidelines, recommendations, and permits to help individuals and entities minimise their impact on eagle populations while engaging in necessary projects. By following these regulations, we can ensure the protection and long-term viability of eagle species.
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Eagle nest removal
The Bald and Golden Eagle Protection Act affords protections to eagles, including the assurance that they are not disturbed. Disturbance to eagles is one of the forms of "take" prohibited by law. Disturbance means "to agitate or bother a bald or golden eagle to a degree that causes, or is likely to cause injury to an eagle, a decrease in productivity, or nest abandonment." Nest removal that results in the unpermitted take of migratory birds or their eggs is illegal and fully prosecutable under the Migratory Bird Treaty Act (MBTA).
The U.S. Fish and Wildlife Service has recommended buffers for creating no-disturbance zones around bald and golden eagle nests in California and Nevada. The Service does not maintain a database of eagle nest locations, but many state wildlife and natural resource agencies, as well as non-governmental organizations, keep records of eagle nest locations.
In the case of the PG&E Potter Valley Project, the U.S. Fish and Wildlife Service received an eagle nest removal application from the Pacific Gas and Electric Company under the Bald and Golden Eagle Protection Act. The nest in question was in a dying tree near an existing electric distribution line, posing a fire ignition threat. The company's removal of the tree would address an existing safety emergency, ensuring the health and safety of the public and the nesting eagles.
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Human activity and its impact
Human activity has had a significant impact on eagle populations, and eagle nests are often at the centre of these disturbances. The Bald and Golden Eagle Protection Act, enacted in 1940, prohibits anyone without a permit from "taking" bald or golden eagles, including their parts, nests, or eggs. The Act defines "take" as "pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest or disturb." The definition of "disturb" has been refined over the years, and now includes actions that are likely to cause biologically significant harm, such as injury, loss of productivity, or nest abandonment. This definition aims to address concerns about enforceability and predictability, as actual harm (such as death or injury) may occur later or elsewhere, making it difficult to establish a direct link to the disturbance.
Human activities that may disturb eagles and their nests include construction, habitat destruction, and the removal of large trees used by roosting and perching eagles. Even routine activities like lawn mowing, outdoor recreation, and vehicle traffic can impact eagles if they were not present in the area before the eagles nested there. To mitigate these impacts, the U.S. Fish and Wildlife Service has established guidelines, such as creating no-disturbance zones around eagle nests in certain states and recommending measures to avoid or minimise eagle disturbance.
Eagle disturbance permits are available for activities that may inadvertently disturb eagles, but these permits do not authorise construction near eagle nests. Permits are also issued for specific purposes, such as falconry, raptor propagation, scientific research, and religious practices of Native American tribes. The permitting system helps reduce unintentional harm to eagles and provides valuable data on how, when, and why human activity affects eagles.
In addition to federal laws, state governments can enact their own laws to provide additional protection to eagles and their nests. For example, some states may have endangered species laws that protect bald eagles. It is important for individuals and entities conducting activities near eagle habitats to be aware of both federal and state regulations and to obtain the necessary permits to minimise any adverse effects on eagle populations.
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Applicable laws and penalties
The Bald and Golden Eagle Protection Act (enacted in 1940 and amended several times since) makes it illegal to "take" bald or golden eagles, including their parts (feathers), nests, or eggs. The Act defines "take" as "pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest or disturb." Disturbance to eagles is one of the forms of "take" prohibited by the law.
The Act provides criminal penalties for persons who "take, possess, sell, purchase, barter, offer to sell, purchase or barter, transport, export or import" bald or golden eagles, their parts, nests, or eggs. The civil penalty provision states that anyone who violates these provisions will be fined $5,000 for each violation.
The Eagle Act includes the term "molest" as part of "take" and protects eagle nests from removal. While the destruction of a nest itself is not prohibited, nest removal that results in the unpermitted taking of migratory birds or their eggs is illegal and prosecutable under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act.
The U.S. Fish and Wildlife Service has a permitting system that allows for the incidental disturbance and taking of eagle nests under certain circumstances. These permits are intended to help reduce unintentional harm to eagles and assure that, when necessary, it is offset. Permits are also available for the removal or relocation of eagle nests under circumstances of human health and safety, such as at airports.
State governments can enact state laws that provide more protection than federal laws to conserve wildlife species. For example, bald eagles may be protected by a state endangered species law. Additionally, eagles and their nests may be protected by local ordinances.
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Frequently asked questions
Disturbing an eagle nest is defined as "to agitate or bother a bald or golden eagle to a degree that causes, or is likely to cause, based on the best scientific information available, (1) injury to an eagle, (2) a decrease in its productivity, by substantially interfering with normal breeding, feeding, or sheltering behavior, or (3) nest abandonment, by substantially interfering with normal breeding, feeding, or sheltering behavior".
The U.S. Fish and Wildlife Service recommends obtaining an eagle disturbance permit for any activity that may disturb eagles. This includes activities such as construction, which may require the removal of an eagle nest. However, it's important to note that an eagle disturbance permit does not authorise construction but rather permits the potential disturbance to eagles that may result from construction.
Violating eagle protection laws, such as the Bald and Golden Eagle Protection Act, can result in criminal penalties and fines. The civil penalty provision of the Act states that anyone who disturbs an eagle nest will be fined under the civil penalty act. Additionally, the Act provides criminal penalties for persons who "take, possess, sell, purchase, barter, offer to sell, purchase or barter, transport, export or import" eagles, their nests, or eggs.
