3-200-72 - 2016
3-200-72 - 2016
3-200-72 - 2016
A Federal permit for take of an eagle nest authorizes take (removal and/or relocation) of a bald or golden
eagle nest to protect human safety or eagles, and under other limited circumstances. You should review
Title 50 Parts 10, 13, and 22.27 of the Code of Federal Regulations (CFR). You are responsible for
reviewing and understanding these regulations before you request and accept a permit. These
regulations can be found on our website at http://www.fws.gov/permits/ltr/ltr.html. Below are questions
and answers regarding eagle nest take permits.
2. If one of the four situations described above applies, will the Service automatically issue a nest
removal permit?
No. Other criteria also must be met, including the following: the removal must be compatible with the
preservation of bald and golden eagles; there is no practicable alternative to removing the nest; and for
take that is not necessary to alleviate an immediate threat to human safety or eagles, we additionally must
find that suitable nesting and foraging habitat is available to the area nesting population of eagles to
accommodate any eagles displaced by the nest removal.
3. Does the permit allow people to take nests that have eggs or nestlings in them?
The only situation in which the permit may authorize removal of an active nest is in the case of a safety
emergency, meaning a situation that necessitates immediate action to alleviate a threat of bodily harm to
humans or eagles. Otherwise, only inactive nests may be removed with this permit. For purposes of this
permit, an inactive nest is “a bald eagle or golden eagle nest that is not currently being used by eagles as
determined by the continuing absence of any adult, egg, or dependent young at the nest for at least 10
consecutive days immediately prior to, and including, at present.”
4. If an emergency necessitates the removal of a nest with eggs or dependent young, what should the
permittee do about the eggs or young eagles?
Emergency nest-take permits may authorize the take of eggs or young if they are present. Any take of
nestlings or eggs must be conducted by a Service-approved, qualified, and permitted agent, and all
nestlings and viable eggs must be immediately transported to foster/recipient nests or a rehabilitation
facility permitted to care for eagles, as directed by the Service.
Programmatic take permits may be issued to entities, such as electric utilities or airports that cannot
entirely avoid the need to remove eagle nests during the course of their routine operations. In order to
qualify for programmatic permits, applicants must work with the Service to develop and implement
additional, exceptionally comprehensive measures (“advanced conservation practices” or “ACPs”) to
reduce take to the level where any remaining take is essentially unavoidable.
10. Do I need additional authorization to take eagles from my State or tribal government?
State, tribal and local governments may have their own regulations protecting eagles and eagle nests.
Your federal permit is not valid unless you obtain and comply with all permits, licenses, or other
authorizations required by these jurisdictions that apply your activity with respect to eagles.
Page 3 of 3 3-200-72
2/20/2014
Permit
Type of Permit CFR Amendment
Application
Citation Fee
Fee
* * * * * * *
Bald and Golden Eagle Protection Act
Eagle Scientific Collecting 50 CFR part 22 100 50
Eagle Exhibition 50 CFR part 22 75
Eagle Falconry 50 CFR part 22 100
Eagle—Native American Religion 50 CFR part 22 No fee
Eagle Take permits—Depredation and
50 CFR part 22 100
Protection of Health and Safety
Golden Eagle Nest Take 50 CFR part 22 100 50
Eagle Transport—Scientific or Exhibition 50 CFR part 22 75
Eagle Transport—Native American Religious
50 CFR part 22 No fee
Purposes
Eagle Incidental Take—Up to 5 years 50 CFR part 22 2,500 500
Eagle Incidental Take—Homeowner 50 CFR part 22 500 150
Eagle Incidental Take—5–30 years 50 CFR part 22 36,000
Eagle Incidental Take—Transfer of a permit 50 CFR part 22 1,000
Eagle Nest Take—Single nest 50 CFR part 22 2,500 500
Eagle Nest Take—Multiple nests 50 CFR part 22 5,000 500
Eagle Nest Take—Homeowner 50 CFR part 22 500 150
Eagle Take—Exempted under ESA 50 CFR part 22 No fee
* * * * * * *
Department of the Interior OMB Control No. 1018 - 0022
U.S. Fish and Wildlife Service Expires
Federal Fish and Wildlife Permit Application Form
Return to: U.S. Fish and Wildlife Service (USFWS) Type of Activity: Eagle Nest Take
New Application
Requesting Renewal or Amendment of Permit # __________________
Complete Sections A or B, and C, D, and E of this application. U.S. address may be required in Section C, see instructions for details.
See attached instruction pages for information on how to make your application complete and help avoid unnecessary delays.
2. Date of birth (mm/dd/yyyy) 3. Social Security No. 4. Occupation 5. Affiliation/ Doing business as (see instructions)
6.a. Telephone number 6.b. Alternate telephone number 6.c. Fax number 6.d. E-mail address
4.a. Principal officer Last name 4.b. Principal officer First name 4.c. Principal officer Middle name/ initial 4.d. Suffix
7.a. Business telephone number 7.b. Alternate telephone number 7.c. Business fax number 7.d. Business e-mail address
1.b. City 1.c. State 1.d. Zip code/Postal code: 1.e. County/Province 1.f. Country
2.a. Mailing Address (include if different than physical address; include name of contact person if applicable)
2.b. City 2.c. State 2.d. Zip code/Postal code: 2.e. County/Province 2.f. Country
______________________________________________________________________________________________________________________
Signature (in blue ink) of applicant/person responsible for permit (No photocopied or stamped signatures) Date of signature (mm/dd/yyyy)
Note: A Federal eagle nest take permit authorizes the removal of bald eagle or golden eagle nests for human safety, the safety of
eagles, or the public’s welfare. Permits are available to individuals, agencies, businesses, and other organizations. This permit
does not authorize possession of any eagle or eagle parts including nests or the lethal take of any eagle eggs. Please read “What
You Should Know About a Federal Permit for Eagle Nest Removal” and the regulations at 50 CFR 21.27 before you sign and
submit your application.
Please provide the information requested below on a separate sheet of paper with your responses numbered according to the application
questions. You should be as thorough and specific as possible in your responses. Incomplete applications will be returned, delayed
or abandoned. Processing time depends on the complexity of the request and completeness of the application.
Although you may submit supplemental documents that contain the required information, you must respond to each application
requirement below specifically in a single attachment that includes all and only the information required by the application.
Enumerate each response in accordance with the question numbers below. Please do not send pages that are over 8.5” x 11” or
DVDs.
1. Provide the name and contact information for any U.S. Fish and Wildlife Service employee(s) who has provided technical
assistance or worked with you on this project.
2. Describe the situation that necessitates removal of the eagle nest(s), including:
(a) The number of nests proposed to be taken
(b) Whether the nest is a bald eagle or golden eagle nest
(c) Whether the nest is active or inactive and how this was determined. (An active nest may only be taken to alleviate an
immediate safety emergency. A “safety emergency” means “a situation that necessitates immediate action to alleviate a
threat of bodily harm to humans or eagles.” An inactive nest is one that is not currently used by eagles as determined by the
absence of any adult, egg, or dependent young at the nest during the 10 days before the nest is taken.)
(d) When you propose to take the nest
5. Provide a description of the property, including maps and digital photographs that show the location of the nest in relation to
buildings, infrastructure, and human activities.
6. Provide the location of the property, including city, county and latitude and longitude geographic coordinates.
7. If the nest will be removed, how will you prevent future nesting on the same structure/in the area?
(Continued)
9. When an active nest must be removed under this permit, any take of nestlings or eggs must be conducted by a Service-approved,
qualified, and permitted agent, and all nestlings and viable eggs must be immediately transported to foster/recipient nests or a
rehabilitation facility permitted to care for eagles, as directed by the Service. Provide a statement outlining how the eagle’s nest
will be removed, indicating the intended disposition of the nest, and if active, a description of how the nestlings or eggs will be
removed, including the recipient nest(s) or federally permitted rehabilitation facility that is authorized for the possession of live
eagle(s) or eggs, and/or eagle nest(s).
10. If the nest will be removed or relocated (rather than destroyed in the course of an activity), provide the name, address, phone
number, and e-mail address of the qualified party conducting the removal and/or relocation.
11. You must retain records relating to the activities conducted under your permit for at least 5 years from the date of expiration of
the permit. Please provide the address where these records will be kept.
12. Any permit issued as a result of this application is not valid unless you also have any required State or Tribal permits or
approvals associated with the activity. Indicate whether you have obtained all required State or Tribal permits or approvals to
conduct this activity.
If you have obtained all required approvals, answer “Yes” and attach a copy of the approval(s).
If you have applied for any required approvals, answer “Have applied” and send copy when issued.
If no State or Tribal permits or approvals are required, answer “None required.”
13. Disqualification factor. A conviction, or entry of a plea of guilty or nolo contendere, for a felony violation of the Lacey Act, the
Migratory Bird Treaty Act, or the Bald and Golden Eagle Protection Act disqualifies any such person from receiving or
exercising the privileges of a permit, unless such disqualification has been expressly waived by the Service Director in response
to a written petition. (50 CFR 13.21(c))
Have you or any of the owners of the business, if applying as a business, been convicted, or entered a plea of guilty or nolo
contendere, forfeited collateral, or are currently under charges for any violations of the laws mentioned above? Indicate “Yes” or
“No.” If you answered “Yes” provide: a) the individual’s name, b) date of charge, c) charge(s), d) location of incident, e) court,
and f) action taken for each violation.
The following instructions pertain to an application for a U.S. Fish and Wildlife Service or CITES permit. The General Permit Procedures in 50
CFR 13 address the permitting process. For simplicity, all licenses, permits, registrations, and certificates are referred to as a permit.
GENERAL INSTRUCTIONS:
• Complete all blocks/lines/questions in Sections A or B, and C, D, and E.
• An incomplete application may cause delays in processing or may be returned to the applicant. Be sure you are filling in the
appropriate application form for the proposed activity.
• Print clearly or type in the information. Illegible applications may cause delays.
• Sign the application in blue ink. Faxes or copies of the original signature will not be accepted.
• Mail the original application to the address at the top of page one of the application or if applicable on the attached address list.
• Keep a copy of your completed application.
• Please plan ahead. Allow at least 60 days for your application to be processed. Some applications may take longer than 90 days to
process. (50 CFR 13.11)
• Applications are processed in the order they are received.
• Additional forms and instructions are available from http://permits.fws.gov.
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et seq.) and the Privacy Act of 1974 (5 U.S.C. 552a), please be advised:
a. Bald and Golden Eagle Protection Act (16 U.S.C. 668), 50 CFR 22;
b. Endangered Species Act of 1973 (16 U.S.C. 1531-1544), 50CFR 17;
c. Migratory Bird Treaty Act (16 U.S.C. 703-712), 50 CFR 21;
d. Marine Mammal Protection Act of 1972 (16 U.S.C. 1361, et. seq.), 50 CFR 18;
e. Wild Bird Conservation Act (16 U.S.C. 4901-4916), 50 CFR 15;
f. Lacey Act: Injurious Wildlife (18 U.S.C. 42), 50 CFR 16;
g. Convention on International Trade in Endangered Species of Wild Fauna and Flora (TIAS 8249), http://www.cites.org/ , 50 CFR 23;
h. General Provisions, 50 CFR 10;
i. General Permit Procedures, 50 CFR 13; and
j. Wildlife Provisions (Import/export/transport), 50 CFR 14.
2. Information requested in this form is purely voluntary. However, submission of requested information is required in order to process applications for
permits authorized under the above laws. Failure to provide all requested information may be sufficient cause for the U.S. Fish and Wildlife Service
to deny the request. We may not conduct or sponsor and you are not required to respond to a collection of information unless it displays a currently
valid OMB control number.
3. Certain applications for permits authorized under the Endangered Species Act of 1973 (16 U.S.C. 1539) and the Marine Mammal Protection Act of 1972
(16 U.S.C. 1374) will be published in the Federal Register as required by the two laws.
4. Disclosures outside the Department of the Interior may be made without the consent of an individual under the routine uses listed below, if the
disclosure is compatible with the purposes for which the record was collected. (Ref. 68 FR 52611, September 4, 2003)
a. Routine disclosure to subject matter experts, and Federal, Tribal, State, local, and foreign agencies, for the purpose of obtaining advice relevant to
making a decision on an application for a permit or when necessary to accomplish an FWS function related to this system of records.
b. Routine disclosure to the public as a result of publishing Federal Register notices announcing the receipt of permit applications for public comment
or notice of the decision on a permit application.
c. Routine disclosure to Federal, Tribal, State, local, or foreign wildlife and plant agencies for the exchange of information on permits granted or denied
to assure compliance with all applicable permitting requirements.
d. Routine disclosure to Captive-bred Wildlife registrants under the Endangered Species Act for the exchange of authorized species, and to share
information on the captive breeding of these species.
e. Routine disclosure to Federal, Tribal, State, and local authorities who need to know who is permitted to receive and rehabilitate sick, orphaned, and
injured birds under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act; federally permitted rehabilitators; individuals seeking
a permitted rehabilitator with whom to place a bird in need of care; and licensed veterinarians who receive, treat, or diagnose sick, orphaned, and
injured birds.
f. Routine disclosure to the Department of Justice, or a court, adjudicative, or other administrative body or to a party in litigation before a court or
adjudicative or administrative body, under certain circumstances.
g. Routine disclosure to the appropriate Federal, Tribal, State, local, or foreign governmental agency responsible for investigating, prosecuting, enforcing,
or implementing statutes, rules, or licenses, when we become aware of a violation or potential violation of such statutes, rules, or licenses, or when we
need to monitor activities associated with a permit or regulated use.
h. Routine disclosure to a congressional office in response to an inquiry to the office by the individual to whom the record pertains.
i. Routine disclosure to the Government Accountability Office or Congress when the information is required for the evaluation of the permit programs.
j. Routine disclosure to provide addresses obtained from the Internal Revenue Service to debt collection agencies for purposes of locating a debtor
to collect or compromise a Federal claim against the debtor or to consumer reporting agencies to prepare a commercial credit report for use by
the FWS.
5. For individuals, personal information such as home address and telephone number, financial data, and personal identifiers (social security number, birth
date, etc.) will be removed prior to any release of the application.
6. The public reporting burden for information collection varies depending on the activity for which a permit is requested. The relevant burden for an
Eagle Nest Take (standard) permit application is 16 hours and 6 hours for a (standard) permit amendment. For an Eagle Nest Take (programmatic)
permit application, the relevant burden is 40 hours and 20 hours for a programmatic permit amendment. This burden estimate includes time for
reviewing instructions, gathering and maintaining data and completing and reviewing the form. You may direct comments regarding the burden
estimate or any other aspect of the form to the Service Information Clearance Officer, U.S. Fish and Wildlife Service, Mail Stop 222, Arlington Square,
U.S. Department of the Interior, 1849 C Street, NW, Washington D.C. 20240.
Region 1 Hawaii, Idaho, Oregon, 911 N.E. 11th Avenue Tel. (503) 872-2715
Washington Portland, OR 97232-4181 Fax (503) 231-2019
Email [email protected]
Region 2 Arizona, New Mexico, P.O. Box 709 Tel. (505) 248-7882
Oklahoma, Texas Albuquerque, NM 87103 Fax (505) 248-7885
Email [email protected]
5600 American Blvd. West
Iowa, Illinois, Indiana, Suite 990 Tel. (612) 713-5436
Region 3 Minnesota, Missouri, Bloomington, MN Fax (612) 713-5393
Michigan, Ohio, Wisconsin 55437-1458 Email [email protected]
(Effective 5/31/2011)
Connecticut, District of
Columbia, Delaware, Maine, Tel. (413) 253-8643
Region 5 Maryland, Massachusetts, P.O. Box 779 Fax (413) 253-8424
New Hampshire, New Jersey, Hadley, MA 01035-0779 Email [email protected]
New York, Pennsylvania,
Rhode Island, Virginia,
Vermont, West Virginia