cfr_sections
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25 rows where agency = "FWS" and part_number = 22 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 50:50:9.0.1.1.5.1.1.1 | 50 | Wildlife and Fisheries | I | B | 22 | PART 22—EAGLE PERMITS | A | Subpart A—Introduction and General Requirements | § 22.2 Purpose of this part. | FWS | [64 FR 50472, Sept. 17, 1999, as amended at 73 FR 29083, May 20, 2008; Redesignated and amended at 87 FR 884, Jan. 7, 2022] | This part controls the taking, possession, and transportation within the United States of bald eagles ( Haliaeetus leucocephalus ) and golden eagles ( Aquila chrysaetos ) and their parts, nests, and eggs for scientific, educational, and depredation control purposes; for the religious purposes of American Indian tribes; and to protect other interests in a particular locality. This part also governs the transportation into or out of the United States of bald and golden eagle parts for scientific, educational, and Indian religious purposes. The import, export, purchase, sale, trade, or barter of bald and golden eagles, or their parts, nests, or eggs is prohibited. | |||
| 50:50:9.0.1.1.5.1.1.2 | 50 | Wildlife and Fisheries | I | B | 22 | PART 22—EAGLE PERMITS | A | Subpart A—Introduction and General Requirements | § 22.4 Scope of this part. | FWS | [39 FR 1183, Jan. 4, 1974, as amended at 64 FR 50472, Sept. 17, 1999. Redesignated and amended at 87 FR 884, Jan. 7, 2022] | (a)(1) You can possess or transport within the United States, without a Federal permit: (i) Any live or dead bald eagles, or their parts, nests, or eggs that were lawfully acquired before June 8, 1940; and (ii) Any live or dead golden eagles, or their parts, nests, or eggs that were lawfully acquired before October 24, 1962. (2) You may not transport into or out of the United States, import, export, purchase, sell, trade, barter, or offer for purchase, sale, trade, or barter bald or golden eagles, or their parts, nests, or eggs of these lawfully acquired pre-act birds. However, you may transport into or out of the United States any lawfully acquired dead bald or golden eagles, their parts, nests, or dead eagles, if you acquire a permit issued under § 22.60 of this part. (3) No exemption from any statute or regulation will apply to any offspring of these pre-act birds. (4) You must mark all shipments containing bald or golden eagles, alive or dead, their parts, nests, or eggs as directed in § 14.81 of this subchapter. The markings must contain the name and address of the person the shipment is going to, the name and address of the person the shipment is coming from, an accurate list of contents by species, and the number of each species. (b) The provisions in this part are in addition to, and are not in lieu of, other regulations of this subchapter B which may require a permit or prescribe additional restrictions or conditions for the importation, exportation, and interstate transportation of wildlife (see also part 13 of this subchapter). | |||
| 50:50:9.0.1.1.5.1.1.3 | 50 | Wildlife and Fisheries | I | B | 22 | PART 22—EAGLE PERMITS | A | Subpart A—Introduction and General Requirements | § 22.5 Disqualifying factors. | FWS | [89 FR 107042, Dec. 31, 2024] | A person may not hold, or act under authorization of, a permit granted by regulation or permit under this part if any of the following circumstances apply, unless the Director expressly waives that disqualification in writing prior to any act in question: (a) The person has been convicted of or pled guilty or nolo contendere to a felony violation of the Lacey Act (18 U.S.C. 42, as amended), the Migratory Bird Treaty Act (16 U.S.C. 703-712), or the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668d). (b) The person has had any other authorization, license, or permit issued pursuant to the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act revoked in accordance with § 13.28 of subchapter B within the last 5 years. (c) The person has failed to pay any required fees, penalties, or other money owed, for any reason, to the United States. Disqualification is effective as soon as the deficiency applies. This disqualification is lifted when the money owed is paid in full unless the Service notifies the person in writing of permanent disqualification due to repeated or extended failure to pay. (d) The person has failed to submit timely, accurate, or valid reports required under this part. Disqualification is effective as soon as the deficiency applies. This disqualification is lifted when the required reports are submitted unless the Service notifies the person in writing of permanent disqualification due to repeated or extended failure to meet reporting requirements. | |||
| 50:50:9.0.1.1.5.1.1.4 | 50 | Wildlife and Fisheries | I | B | 22 | PART 22—EAGLE PERMITS | A | Subpart A—Introduction and General Requirements | § 22.6 Definitions. | FWS | [39 FR 1183, Jan. 4, 1974, as amended at 48 FR 57300, Dec. 29, 1983; 64 FR 50472, Sept. 17, 1999; 72 FR 31139, June 5, 2007; 74 FR 46876, Sept. 11, 2009; 81 FR 91550, Dec. 16, 2016; Redesignated at 87 FR 884, Jan. 7, 2022; 89 FR 9958, Feb. 12, 2024; 89 FR 107043, Dec. 31, 2024] | In addition to the definitions contained in part 10 of this subchapter, and unless the context otherwise requires, in this part 22: Alternate nest means one of potentially several nests within a nesting territory that is not an in-use nest at the current time. When there is no in-use nest, all nests in the territory are alternate nests. Communal roost site means an area where eagles gather repeatedly in the course of a season and shelter overnight and sometimes during the day in the event of inclement weather. Compatible with the preservation of the bald eagle or the golden eagle means consistent with the goals of maintaining stable or increasing breeding populations in all eagle management units and the persistence of local populations throughout the geographic range of each species. Cumulative effects means the incremental environmental impact or effect of the proposed action, together with impacts of past, present, and reasonably foreseeable future actions. Disturb means 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. Eagle management unit (EMU) means a geographically bounded region within which permitted take is regulated to meet the management goal of maintaining stable or increasing breeding populations of bald eagles or golden eagles. (1) The Atlantic EMU is Connecticut, Delaware, Florida, Georgia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Carolina, Vermont, Virginia, and West Virginia. (2) The Mississippi EMU is Alabama, Arkansas, Illinois, Indiana, Iowa, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Ohio, Tennessee, and Wisconsin. (3) The Central EMU is… | |||
| 50:50:9.0.1.1.5.1.1.5 | 50 | Wildlife and Fisheries | I | B | 22 | PART 22—EAGLE PERMITS | A | Subpart A—Introduction and General Requirements | § 22.8 Information collection requirements. | FWS | [63 FR 52637, Oct. 1, 1998, as amended at 74 FR 46876, Sept. 11, 2009; 79 FR 43966, July 29, 2014; 81 FR 91550, Dec. 16, 2016; Redesignated and amended at 87 FR 884, Jan. 7, 2022] | The Office of Management and Budget (OMB) has approved the information collection requirements contained in this part and assigned OMB Control Number 1018-0167. Federal agencies may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Direct comments regarding the burden estimate or any other aspect of the information collection to the Service's Information Collection Clearance Officer at the address provided at 50 CFR 2.1(b). | |||
| 50:50:9.0.1.1.5.1.1.6 | 50 | Wildlife and Fisheries | I | B | 22 | PART 22—EAGLE PERMITS | A | Subpart A—Introduction and General Requirements | § 22.10 Relationship to other permit requirements. | FWS | [64 FR 50472, Sept. 17, 1999, as amended at 68 FR 61140, Oct. 27, 2003; 73 FR 29083, May 20, 2008; 81 FR 91550, Dec. 16, 2016; Redesignated and amended at 87 FR 884, Jan. 7, 2022] | You may not take, possess, or transport any bald eagle ( Haliaeetus leucocephalus ) or any golden eagle ( Aquila chrysaetos ), or the parts, nests, or eggs of such birds, except as allowed by a valid permit issued under this part, 50 CFR part 13, 50 CFR part 17, and/or 50 CFR part 21 as provided by § 21.4, or authorized under a depredation order issued under subpart D of this part. We will accept a single application for a permit under this part and any other parts of this subchapter B if it includes all of the information required for an application under each applicable part. (a) A permit that covers take of bald eagles or golden eagles under 50 CFR part 17 for purposes of providing prospective or current ESA authorization constitutes a valid permit issued under this part for any take authorized under the permit issued under part 17 as long as the permittee is in full compliance with the terms and conditions of the permit issued under part 17. The provisions of part 17 that originally applied will apply for purposes of the Eagle Act authorization, except that the criterion for revocation of the permit is that the activity is incompatible with the preservation of the bald eagle or the golden eagle rather than inconsistent with the criterion set forth in 16 U.S.C. 1539(a)(2)(B)(iv). (b) You do not need a permit under parts 17 and 21 of this subchapter B for any activity permitted under this part 22 with respect to bald or golden eagles or their parts, nests, or eggs. (c) A permit under this part only authorizes take, possession, and/or transport under the Bald and Golden Eagle Protection Act and does not provide authorization under the Migratory Bird Treaty Act or the Endangered Species Act for the take, possession, and/or transport of migratory birds or endangered or threatened species other than bald or golden eagles. (d) If you are transporting dead bald or golden eagles, or their parts, nests, or dead eggs into or out of the United States, you will also need a Convention on International Trade in Endanger… | |||
| 50:50:9.0.1.1.5.1.1.7 | 50 | Wildlife and Fisheries | I | B | 22 | PART 22—EAGLE PERMITS | A | Subpart A—Introduction and General Requirements | § 22.12 Illegal activities. | FWS | [64 FR 50472, Sept. 17, 1999. Redesignated and amended at 87 FR 884, Jan. 7, 2022; 89 FR 9958, Feb. 12, 2024] | (a) You may not sell, purchase, barter, trade, import, or export, or offer for sale, purchase, barter, or trade, at any time or in any manner, any bald eagle ( Haliaeetus leucocephalus ), or any golden eagle ( Aquila chrysaetos ), or the parts, nests, or eggs of these birds, and we will not issue a permit to authorize these acts. (b) You may not transport into or out of the United States any live bald or golden eagle, or any live egg of those birds, and we will not issue a permit to authorize these acts. (c) Application for a permit does not release you from liability for any take that occurs prior to issuance of, or outside the terms of, a permit. | |||
| 50:50:9.0.1.1.5.2.1.1 | 50 | Wildlife and Fisheries | I | B | 22 | PART 22—EAGLE PERMITS | B | Subpart B—Regulatory Authorizations for Eagles | § 22.15 Authorization—exhibition use of eagle specimens. | FWS | (a) Scope. The regulations in this section authorize qualified public entities to possess lawfully acquired eagle specimens, including whole bird specimens, parts, feathers, inactive nests, and nonviable eggs, for conservation education purposes. This authorization does not apply to live eagles, viable eggs, or in-use nests. Qualified public entities must be: (1) A museum, scientific society, or zoological park; (2) Open to the general public; (3) Established, maintained, and operated as a governmental service or privately endowed and organized but not operated for profit; and (4) Conducting programs for the purpose of educating the public about bald eagle or golden eagle biology, ecology, and conservation. (b) Acquisition. Bald eagle and golden eagle specimens must be acquired from persons authorized by valid permit or regulatory authorization to possess and donate them. You are responsible for ensuring specimens were legally acquired. Eagle specimens salvaged after January 30, 2025 must have written documentation from the National Eagle Repository for exhibition use. (c) Disposition. You may dispose of eagle specimens by donating them to any entity authorized to receive them under a valid permit or regulatory authorization. You may contact the National Eagle Repository and, if directed, ship the specimens to the Repository. Otherwise, you must dispose of eagle specimens by destruction in accordance with Federal, Tribal, State, or local laws and ordinances. (d) Possession. Each eagle specimen must remain tagged with the species, date, location, name of the donor, and donor's authorization for acquisition ( e.g., permit number or CFR citation of the applicable regulatory authorization, e.g., 50 CFR 21.16). Specimen tags may be temporarily removed during educational programs. Eagle specimens may be taxidermied by a federally permitted taxidermist (§ 21.63 of this subchapter B), or by employees or volunteers of your organization, as part of their official duties. (e) Educational programs. Eagle… | ||||
| 50:50:9.0.1.1.5.3.1.1 | 50 | Wildlife and Fisheries | I | B | 22 | PART 22—EAGLE PERMITS | C | Subpart C—Eagle Possession Permit Provisions | § 22.50 Eagle scientific and exhibition permits. | FWS | [39 FR 1183, Jan. 4, 1974, as amended at 63 FR 52638, Oct. 1, 1998; 64 FR 50472, Sept. 17, 1999; 79 FR 43966, July 29, 2014. Redesignated and amended at 87 FR 884, Jan. 7, 2022; 89 FR 107043, Dec. 31, 2024] | We may, under the provisions of this section, issue a permit authorizing the taking, possession, transportation within the United States, or transportation into or out of the United States of lawfully possessed bald eagles or golden eagles, or their parts, nests, or eggs for the scientific or exhibition purposes of public museums, public scientific societies, or public zoological parks. A permit is not required if your activities fall within the authorization for exhibition use of eagle specimens (§ 22.15). We will not issue a permit under the regulations in this section that authorizes the transport into or out of the United States of any live bald or golden eagles, or any viable eggs of these birds. (a) How do I apply if I want a permit for scientific and exhibition purposes? (1) You must submit applications for permits to take, possess, or transport within the United States lawfully acquired live or dead bald or golden eagles, or their parts, nests, or live or dead eggs for scientific or exhibition purposes to the appropriate Regional Director—Attention: Migratory Bird Permit Office. You can find addresses for the Regional Directors in 50 CFR 2.2. (2) If you want a permit to transport into or out of the United States any lawfully acquired dead bald or golden eagles or their parts, nests, or dead eggs for scientific or exhibition purposes, you must submit your application to the Office of Management Authority. Your application must contain all the information necessary for the issuance of a CITES permit. You must also comply with all the requirements in part 23 of this subchapter before international travel. Mail should be sent to the Division of Management Authority at the address provided at 50 CFR 2.1(b). (3) Your application for any permit under this section must also contain the information required under this section, § 13.12(a) of this subchapter, and the following information: (i) Species of eagle and number of such birds, nests, or eggs proposed to be taken, possessed, or transported; (ii) Spe… | |||
| 50:50:9.0.1.1.5.3.1.2 | 50 | Wildlife and Fisheries | I | B | 22 | PART 22—EAGLE PERMITS | C | Subpart C—Eagle Possession Permit Provisions | § 22.60 Eagle Indian religious permits. | FWS | [39 FR 1183, Jan. 4, 1974, as amended at 63 FR 52638, Oct. 1, 1998; 64 FR 50473, Sept. 17, 1999. Redesignated and amended at 87 FR 884, Jan. 7, 2022] | We will issue a permit only to members of Indian entities recognized and eligible to receive services from the United States Bureau of Indian Affairs listed under 25 U.S.C. 479a-1 engaged in religious activities who satisfy all the issuance criteria of this section. We may, under the provisions of this section, issue a permit authorizing the taking, possession, and transportation within the United States, or transportation into or out of the United States of lawfully acquired bald eagles or golden eagles, or their parts, nests, or eggs for Indian religious use. We will not issue a permit under this section that authorizes the transportation into or out of the United States of any live bald or golden eagles, or any live eggs of these birds. (a) How do I apply if I want a permit for Indian religious purposes? You must submit applications for permits to take, possess, transport within the United States, or transport into or out of the United States lawfully acquired bald or golden eagles, or their parts, nests, or eggs for Indian religious use to the appropriate Regional Director—Attention: Migratory Bird Permit Office. You can find addresses for the appropriate Regional Directors in 50 CFR 2.2. If you are applying for a permit to transport into or out of the United States, your application must contain all the information necessary for the issuance of a CITES permit. You must comply with all the requirements in part 23 of this subchapter before international travel. Your application for any permit under this section must also contain the information required under this section, § 13.12(a) of this subchapter, and the following information: (1) Species and number of eagles or feathers proposed to be taken, or acquired by gift or inheritance. (2) State and local area where the taking is proposed to be done, or from whom acquired. (3) Name of tribe with which applicant is associated. (4) Name of tribal religious ceremony(ies) for which required. (5) You must attach a certification of enrollment in an Indi… | |||
| 50:50:9.0.1.1.5.3.1.3 | 50 | Wildlife and Fisheries | I | B | 22 | PART 22—EAGLE PERMITS | C | Subpart C—Eagle Possession Permit Provisions | § 22.70 Eagle falconry permits. | FWS | [73 FR 59477, Oct. 8, 2008, as amended at 75 FR 932, Jan. 7, 2010. Redesignated and amended at 87 FR 884, Jan. 7, 2022] Redesignated and amended at 87 FR 884, Jan. 7, 2022] | (a) Use of golden eagles in falconry. If you meet the conditions outlined in § 21.82(c)(3)(iv) of this part, and you have a permit to possess a golden eagle ( Aquila chrysaetos ) from your State, tribe, or territory, we consider your permit sufficient for the purposes of the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668d), subject to the requirement that take of golden eagles for falconry is compatible with the preservation of the golden eagle. (b) Transfer of golden eagles trapped by government employees to other permittees. If you have the necessary permit(s) from your State, tribe, or territory, a government employee who has trapped a golden eagle under a Federal depredation permit or under a depredation control order may transfer the bird to you if he or she cannot release the eagle in an appropriate location. A golden eagle may only be taken from a livestock or wildlife depredation area declared by USDA Wildlife Services and permitted under § 22.100, or from a livestock depredation area authorized in accordance with Subpart D—Provisions for Depredating Eagles. | |||
| 50:50:9.0.1.1.5.3.1.4 | 50 | Wildlife and Fisheries | I | B | 22 | PART 22—EAGLE PERMITS | C | Subpart C—Eagle Possession Permit Provisions | §§ 22.80-22.85 [Reserved] | FWS | |||||
| 50:50:9.0.1.1.5.4.1.1 | 50 | Wildlife and Fisheries | I | B | 22 | PART 22—EAGLE PERMITS | D | Subpart D—Provisions for Depredating Eagles | § 22.100 Eagle depredation permits. | FWS | [39 FR 1183, Jan. 4, 1974, as amended at 63 FR 52638, Oct. 1, 1998; 64 FR 50473, Sept. 17, 1999; 74 FR 46876, Sept. 11, 2009. Redesignated at 87 FR 884, Jan. 7, 2022; 87 FR 885, Jan. 7, 2022] | (a) How do I apply for a permit? You must submit applications for permits under this section to the appropriate Regional Director—Attention: Migratory Bird Permit Office. You can find addresses for the appropriate Regional Directors in 50 CFR 2.2. Your application must contain the information and certification required by § 13.12(a) of this subchapter, and the following additional information: (1) Species and number of eagles proposed to be taken; (2) Location and description of property where taking is proposed; (3) Inclusive dates for which permit is requested; (4) Method of taking proposed; (5) Kind and number of livestock or domestic animals owned by applicant, if applicable; (6) Kind and amount of alleged damage, or description of the risk posed to human health and safety or eagles; and (7) Name, address, age, and business relationship with applicant of any person the applicant proposes to act for him as his agent in the taking of such eagles. (b) What are the permit conditions? In addition to the general conditions set forth in part 13 of this subchapter B, permits to take bald or golden eagles under this section are subject to the following conditions: (1) Bald or golden eagles may be taken under permit by firearms, traps, or other suitable means except by poison or from aircraft; (2) The taking of eagles under permit may be done only by the permittee or his agents named in the permit; (3) Any eagle taken under authority of such permit will be promptly turned over to a Service agent or other game law enforcement officer designated in the permit; and (4) In addition to any reporting requirement on a permit, you must submit a report of activities conducted under the permit to the appropriate Regional Director—Attention: Migratory Bird Permit Office within 10 days following completion of the taking operations or the expiration of the permit, whichever occurs first. (c) Issuance criteria. The Director will not issue a permit to take bald or golden eagles unless the Director has determined th… | |||
| 50:50:9.0.1.1.5.4.1.2 | 50 | Wildlife and Fisheries | I | B | 22 | PART 22—EAGLE PERMITS | D | Subpart D—Provisions for Depredating Eagles | § 22.120 Golden eagle depredations control order on request of Governor of a State. | FWS | [39 FR 1183, Jan. 4, 1974, as amended at 87 FR 885, Jan. 7, 2022. Redesignated at 87 FR 885, Jan. 7, 2022] | (a) Whenever the Governor of any State requests permission to take golden eagles to seasonally protect domesticated flocks and herds in such State, the Director shall make an investigation and if he determines that such taking is necessary to and will seasonally protect domesticated flocks and herds in such States he shall authorize such taking in whatever part or parts of the State and for such periods as he determines necessary to protect such interests. (b) Requests from the Governor of a State to take golden eagles to seasonally protect domesticated flocks and herds must be submitted in writing to the Director listing the periods of time during which the taking of such birds is recommended, and including a map of the State indicating the boundaries of the proposed area of taking. Such requests should include a statement of the facts and the source of such facts that in the Governor's opinion justifies the request. After a decision by the Director, the Governor will be advised in writing concerning the request and a notice will be published in the Federal Register. | |||
| 50:50:9.0.1.1.5.4.1.3 | 50 | Wildlife and Fisheries | I | B | 22 | PART 22—EAGLE PERMITS | D | Subpart D—Provisions for Depredating Eagles | § 22.122 Conditions and limitations on taking under depredation control order. | FWS | [39 FR 1183, Jan. 4, 1974, as amended at 87 FR 885, Jan. 7, 2022. Redesignated at 87 FR 885, Jan. 7, 2022] | (a) Whenever the taking of golden eagles without a permit is authorized for the seasonal protection of livestock, such birds may be taken by firearms, traps, or other suitable means except by poison or from aircraft. (b) Any person exercising any of the privileges granted by this subpart D must permit all reasonable times, including during actual operations, any Service agent, or other game law enforcement officer free and unrestricted access over the premises on which such operations have been or are being conducted; and shall furnish promptly to such officer whatever information he may require concerning such operations. (c) The authority to take golden eagles under a depredations control order issued pursuant to this subpart D only authorizes the taking of golden eagles when necessary to seasonally protect domesticated flocks and herds, and all such birds taken must be reported and turned over to a local Bureau Agent. | |||
| 50:50:9.0.1.1.5.5.1.1 | 50 | Wildlife and Fisheries | I | B | 22 | PART 22—EAGLE PERMITS | E | Subpart E—Take of Eagles for Other Interests | § 22.200 Specific permits. | FWS | (a) Purpose. Specific permits authorize the take of bald eagles or golden eagles for other interests by activities that are described in the regulations in this subpart. Proponents of projects may apply for a specific permit if they do not meet eligibility criteria for general permits described in—or are conducting an activity not identified in—§ 22.250, § 22.260, § 22.280, or § 22.300. Specific permits may be recommended by the Service or requested by entities that are eligible for but do not want to obtain a general permit. (b) Eligibility. To qualify for a specific permit, you must be conducting an activity identified in § 22.250, § 22.260, § 22.280, or § 22.300. You must also meet any eligibility requirements identified in the relevant section. (1) Permits are issued to the individual or entity conducting the activity, such as the owner or manager of the entity conducting the activity. The applicant is responsible for compliance with the permit and must have the authority to implement the required permit conditions. (2) Contractors or consultants may assist in completing applications or conducting work as a subpermittee but may not be a permit holder. (3) Applicants may not break down a project into small parts to minimize the activity. (4) Applicants may not combine projects if the activities are not readily identifiable as being part of the same project. If you want to obtain a consolidated permit for multiple activities, you must first submit a separate application for each project and request the Service determine if it is appropriate to consolidate permits. (5) Specific permits are issued to a single permit holder. If multiple entities operate a joint project and want to obtain joint authorization, the application must designate one entity as the permit holder and that entity must accept the legal liability for the other entities. The other entities must grant sufficient authority to the permit holder to carry out any activities required under the permit. (6) Upon receipt of your application f… | ||||
| 50:50:9.0.1.1.5.5.1.10 | 50 | Wildlife and Fisheries | I | B | 22 | PART 22—EAGLE PERMITS | E | Subpart E—Take of Eagles for Other Interests | § 22.400 Permits for bald eagle take exempted under the Endangered Species Act. | FWS | [73 FR 29083, May 20, 2008; 74 FR 46879, Sept. 11, 2009. Redesignated at 87 FR 884, Jan. 7, 2022; 87 FR 885, Jan. 7, 2022. Redesignated and amended at 89 FR 9965, Feb. 12, 2024] | (a) Purpose and scope. This permit authorizes take of bald eagles ( Haliaeetus leucocephalus ) in compliance with the terms and conditions of a section 7 incidental take statement under the Endangered Species Act of 1973, as amended (ESA) (16 U.S.C. 1531 et seq.; 50 CFR 402, Subpart B) issued prior to November 10, 2009. (b) Issuance criteria. Before issuing you a permit under this section, we must find that you are in full compliance with the terms and conditions contained in the applicable ESA incidental take statement issued prior to November 10, 2009 for take of eagles, based on your certification and any other relevant information available to us, including, but not limited to, monitoring or progress reports required pursuant to your incidental take statement. The terms and conditions of the Eagle Act permit under this section, including any modified terms and conditions, must be compatible with the preservation of the bald eagle. (c) Permit conditions. (1) You must comply with all terms and conditions of the incidental take statement issued under section 7 of the ESA, or modified measures specified in the terms of your permit issued under this section. At permit issuance or at any time during its tenure, the Service may modify the terms and conditions that were included in your ESA incidental take statement, based on one or more of the following factors: (i) You requested and received modified measures because some of the requirements for take authorization under the ESA were not necessary for take authorization under the Eagle Act; (ii) The amount or extent of incidental take authorized under the take statement is exceeded; (iii) New information reveals effects of the action that may affect eagles in a manner or to an extent not previously considered, and requires modification of the terms and conditions to ensure the preservation of the bald eagle or the golden eagle; or (iv) The activity will be modified by the permittee in a manner that causes effects to eagles that were not previously cons… | |||
| 50:50:9.0.1.1.5.5.1.2 | 50 | Wildlife and Fisheries | I | B | 22 | PART 22—EAGLE PERMITS | E | Subpart E—Take of Eagles for Other Interests | § 22.210 General permits. | FWS | (a) Purpose. General permits authorize the take of bald eagles or golden eagles for other interests that meet the eligibility requirements for general permits set forth in § 22.250, § 22.260, § 22.280, or § 22.300. (b) Eligibility. To qualify for a general permit, you must be conducting an activity identified in § 22.250, § 22.260, § 22.280, or § 22.300 and meet any additional eligibility requirements identified in the relevant section. (1) Permits are issued to the individual or entity conducting the activity, such as the owner or manager of the entity conducting the activity. The applicant is responsible for compliance with the permit and must have the authority to implement the required permit conditions. (2) Contractors or consultants may assist in completing applications or conducting work as a subpermittee but may not be a permit holder. (3) Applicants may not break a project into parts to meet general permit eligibility criteria when the entire project would not be eligible. (4) Applicants may not combine projects if the activities are not readily identifiable as being part of the same project. If you want to obtain a consolidated permit for multiple activities, you must apply for a specific permit. (5) General permits are issued to a single permit holder. If multiple entities operate a joint project and want to obtain joint authorization, the application must designate one entity as the permit holder and that entity must accept the legal liability for the other entities. The other entities must grant sufficient authority to the permit holder to carry out any activities required under the permit. (6) The Service may notify you in writing that you must apply for a specific permit if the Service finds that the project does not comply with the requirements for a general permit. (c) How to apply. (1) Register with the Service by submitting the appropriate application form specified in § 22.250(a), § 22.260(a), § 22.280(a), or § 22.300(a) to Headquarters. You can find the current contact informati… | ||||
| 50:50:9.0.1.1.5.5.1.3 | 50 | Wildlife and Fisheries | I | B | 22 | PART 22—EAGLE PERMITS | E | Subpart E—Take of Eagles for Other Interests | § 22.215 Conditions of permits. | FWS | (a) Anyone conducting activities under a specific permit (§ 22.200) or general permit (§ 22.210) is subject to the conditions set forth in this section. You must also comply with the relevant conditions set forth in subpart D of part 13 of this subchapter and the conditions of your general or specific permit. (1) Your permit will specify the type of take authorized ( e.g., incidental take, disturbance, nest take) and may specify the amount, location, or other restrictions on the take authorized. You are not authorized for any take not specified on the face of your permit. (2) Your permit will require implementation of avoidance, minimization, monitoring, and adaptive management measures consistent with the relevant regulations in this subpart E. This may include requirements to: (i) Modify the seasonality, frequency, timing, duration, or other aspects of your activity. (ii) Implement measures to avoid and minimize the take or effects of take on eagles. (iii) Monitor to determine the effects of the activity on eagles according to Service-approved protocols. (iv) Implement an adaptive management plan. (3) Your permits will specify requirements for reporting and disposing of any discovered eagle remains or injured eagles. Requirements may include: (i) Training onsite personnel and requiring personnel to scan for discovered eagle remains or injured eagles; (ii) Collecting information on discovered eagle remains or injured eagles, including species, condition, discovery date, location, and other information relevant to eagle identification and determining the cause of death or injury; (iii) Reporting discovered eagle remains or injured eagles, including immediate notification and annual reporting; and (iv) Disposition of any discovered eagle remains or injured eagles in accordance with Service instructions, which may include shipping eagles to the National Eagle Repository or other designated facility. (4) You must comply with all Service reporting requirements. You must annually report incidental take an… | ||||
| 50:50:9.0.1.1.5.5.1.4 | 50 | Wildlife and Fisheries | I | B | 22 | PART 22—EAGLE PERMITS | E | Subpart E—Take of Eagles for Other Interests | § 22.220 Compensatory mitigation. | FWS | (a) Your permit conditions may include a requirement to compensate for the take of eagles. (1) Any permit authorizing take that would exceed the applicable EMU take limit will require compensatory mitigation, except in circumstances where the action is considered in the best interest of an eagle. Compensatory mitigation for this purpose must ensure the preservation of the affected eagle species by mitigating an amount equal to or greater than the authorized or expected take. Compensatory mitigation must either reduce another ongoing form of mortality or increase the eagle population of the affected species. Compensatory mitigation for golden eagles must be performed at a 1.2:1 (mitigation: take) ratio. (2) A permit may require compensatory mitigation when the Service determines, according to the best available information, that the take authorized by the permitted activity is not consistent with maintaining the persistence of the local area population of an eagle species. (b) All required compensatory mitigation actions must: (1) Be contingent upon application of avoidance and minimization measures to reduce the take to the maximum degree practicable relative to the magnitude of the project's impacts on eagles. (2) Be sited within: (i) The same EMU where the permitted take will occur; or (ii) Another EMU if the Service has reliable data showing that the population affected by the take includes individuals that are reasonably likely to use that EMU during part of their seasonal migration. (3) If required by the Service, be sited within a specified local area population. (4) Use the best available science in formulating, crediting, and monitoring the long-term effectiveness of mitigation measures. (5) Be additional to and improve upon the baseline conditions for the affected eagle species in a manner that is demonstrably new and would not have occurred without the compensatory mitigation. (6) Be durable and, at a minimum, maintain its intended purpose for as long as required by the mitigation conditions … | ||||
| 50:50:9.0.1.1.5.5.1.5 | 50 | Wildlife and Fisheries | I | B | 22 | PART 22—EAGLE PERMITS | E | Subpart E—Take of Eagles for Other Interests | § 22.250 Permits for incidental take of eagles by wind energy projects. | FWS | [89 FR 9958, Feb. 12, 2024, as amended at 89 FR 83631, Oct. 17, 2024] | (a) Purpose. The regulations in this section authorize the incidental killing or injury of bald eagles and golden eagles associated with the operation of wind energy projects. Apply using Form 3-200-71. (b) Definition. The following term used in this section has the meaning set forth in this paragraph (b): Existing project. Infrastructure that was operational prior to May 13, 2024, as well as infrastructure that was sufficiently far along in the planning process on that date that complying with new requirements would be impracticable, including if an irreversible or irretrievable commitment of resources has been made ( e.g., site preparation was already underway or infrastructure was partially constructed). (c) Eligibility for a general permit. To qualify for a general permit, you must meet the requirements of § 22.210, be located in the contiguous 48 States, not have discovered four or more eagles of one species in the previous 5 years per paragraph (d)(3) of this section, and: (1) Be a project applying for a general permit for the first time, and all turbines associated with the project are: (i) At least 2 miles from a golden eagle nest and at least 660 feet from a bald eagle nest; and (ii) 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, as determined by using relative-abundance data from 2020. Eligibility determinations must be based on 2020 relative-abundance estimates that consider detection rates, topography, and habitat and represent the coterminous United States at a 3-km 2 resolution for the pre-breeding migration, breeding, post-breeding migration, and non-breeding seasons for bald eagles and golden eagles. Use of the following data and products satisfy the requirements of this paragraph (c)(1)(ii): (A) Cornell Lab of Ornithology relative-abundance data and products for bald eagles and golden eagles from 2020, published in 2021. (B) [Reserved] Table 1 to Paragra… | |||
| 50:50:9.0.1.1.5.5.1.6 | 50 | Wildlife and Fisheries | I | B | 22 | PART 22—EAGLE PERMITS | E | Subpart E—Take of Eagles for Other Interests | § 22.260 Permits for incidental take of eagles by power lines. | FWS | (a) Purpose. The regulations in this section authorize the incidental killing or injury of bald eagles and golden eagles associated with power line activities. Apply using Form 3-200-71. (b) Definitions. The following terms used in this section have the meanings set forth in this paragraph (b): Avian-safe. A power-pole configuration designed to minimize avian electrocution risk by providing sufficient separation between phases and between phases and grounds to accommodate the wrist-to-wrist or head-to-foot distance of the bird. For eagles, this is 150 centimeters of horizontal separation and 100 centimeters of vertical separation. If sufficient separation cannot be provided, exposed parts that conduct electricity must be covered to reduce electrocution risk. If covers are used, they must be maintained in good condition. For conversions from an above-ground line to a buried line, the buried portion is considered “avian-safe.” For purposes of the regulations in this section, “avian-safe” means safe for eagles. Collision response strategy. A plan that describes the process the permittee will follow to identify whether a collision-caused injury or mortality has occurred, to evaluate factors that contributed to the collision, and to implement risk-reduction measures commensurate with the collision risk. Proactive retrofit strategy. A plan to convert existing infrastructure to avian-safe infrastructure within a set timeline. The strategy must identify a baseline of poles to be proactively retrofit. The existing-infrastructure baseline must include all poles that are not avian-safe for eagles located in areas identified as high risk to eagles and may also include other poles in the service area. Reactive retrofit strategy. A plan to respond to incidents where eagles are electrocuted or killed. The reactive retrofit strategy must include information on how eagle electrocutions are detected and identified. Determining which poles to retrofit must be based on the risk to eagles and not on other factors ( e.g.,… | ||||
| 50:50:9.0.1.1.5.5.1.7 | 50 | Wildlife and Fisheries | I | B | 22 | PART 22—EAGLE PERMITS | E | Subpart E—Take of Eagles for Other Interests | § 22.280 Permits for disturbance take of eagles. | FWS | (a) Purpose. The regulations in this section authorize the take of bald eagles or golden eagles by disturbance, as defined in § 22.6. Apply using Form 3-200-91. Permits to authorize disturbance associated with hazing eagles or eagle nest take are not authorized under this section. A permit is not required when an activity that may ordinarily disturb eagles is ongoing at the time an eagle pair initiates nesting because the nesting eagles are presumed to tolerate the activity. (b) Eligibility for a general permit for disturbance. To qualify for a general permit, you must meet the requirements of § 22.210, and your activities must comply with the provisions set forth in paragraphs (b)(1) through (9) of this section. If permanent loss of a territory may occur, a specific permit is recommended because general permits for disturbance do not authorize the permanent loss of a territory. General permits are not available if the nest is located in Indian country (18 U.S.C. 1151), unless the Tribe is the applicant. The following activities are eligible for a general permit: (1) Building construction and maintenance within 660 feet of a bald eagle nest. (2) Linear infrastructure construction and maintenance ( e.g., roads, rail, trails, power lines, and other utilities) within 660 feet of a bald eagle nest. (3) Alteration of shorelines and water bodies ( e.g., shorelines, wetlands, docks, moorings, marinas, and water impoundment) within 660 feet of a bald eagle nest. (4) Alteration of vegetation ( e.g., mowing, timber operations, and forestry practices) within 660 feet of a bald eagle nest. (5) Motorized recreation ( e.g., snowmobiles, motorized watercraft, etc.) within 330 feet of an in-use bald eagle nest. (6) Nonmotorized recreation ( e.g., hiking, camping, fishing, hunting, canoeing, etc.) within 330 feet of an in-use bald eagle nest. (7) Aircraft operation ( e.g., helicopters and fixed-wing aircraft) within 1,000 feet of an in-use bald eagle nest. (8) Prescribed burn operations within 660 feet of a bal… | ||||
| 50:50:9.0.1.1.5.5.1.8 | 50 | Wildlife and Fisheries | I | B | 22 | PART 22—EAGLE PERMITS | E | Subpart E—Take of Eagles for Other Interests | § 22.300 Permits for take of eagle nests. | FWS | (a) Purpose. This section authorizes the take of a bald eagle nest or a golden eagle nest, including relocation, removal, and otherwise temporarily or permanently preventing eagles from using the nest structure for breeding, when there is no practicable alternative that would protect the interest to be served. Apply using Form 3-200-72. (b) Definitions. The following terms used in this section have the meanings set forth in this paragraph (b): Nest take for emergency. Take of an in-use or alternate eagle nest when necessary to alleviate an existing safety emergency for humans or eagles or to prevent a rapidly developing situation that is likely to result in a safety emergency for humans or eagles. Nest take for health and safety. Take of an eagle nest when the removal is necessary to ensure public health and safety. Nest take for health and safety is limited to in-use nests prior to egg laying or alternate nests. Nest take for human-engineered structure. Take of an eagle nest built on a human-engineered structure that creates, or is likely to create, a functional hazard that renders the structure inoperable for its intended use. Take is limited to in-use nests prior to egg-laying or alternate nests. Nest take for species protection. Take of an eagle nest when nest removal is necessary to protect a species federally protected under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1544) and included on the List of Endangered and Threatened Wildlife (at § 17.11 of this subchapter). Take is limited to in-use nests prior to egg laying or alternate nests. Other purposes. Take of an alternate eagle nest, provided the take is necessary to protect an interest in a particular locality and the activity necessitating the take or the mitigation for the take will, with reasonable certainty, provide a net benefit to eagles. (c) Eligibility for a general permit for nest take. To qualify for a general permit, you must meet the requirements of § 22.210. (1) General permits are available for bald ea… | ||||
| 50:50:9.0.1.1.5.5.1.9 | 50 | Wildlife and Fisheries | I | B | 22 | PART 22—EAGLE PERMITS | E | Subpart E—Take of Eagles for Other Interests | § 22.325 Permits for golden eagle nest take for resource recovery operations. | FWS | [48 FR 57300, Dec. 29, 1983, as amended at 63 FR 52638, Oct. 1, 1998; 64 FR 50474, Sept. 17, 1999; 81 FR 91550, Dec. 16, 2016. Redesignated and amended at 89 FR 9965, Feb. 12, 2024] | The Director may, upon receipt of an application and in accordance with the issuance criteria of this section, issue a permit authorizing any person to take alternate golden eagle nests during a resource development or recovery operation if the taking is compatible with the preservation of golden eagles. (a) How do I apply for a permit to take golden eagle nests? You must submit applications for permits to take golden eagle nests to the appropriate Regional Director—Attention: Migratory Bird Permit Office. You can find addresses for the appropriate Regional Directors in 50 CFR 2.2. We will only accept applications if you are engaged in a resource development or recovery operation, including the planning and permitting stages of an operation. Your application must contain the general information and certification required by § 13.12(a) of this chapter plus the following additional information: (1) A description of the resource development or recovery operation in which the applicant is engaged. (2) The number of golden eagle nests proposed to be taken. (3) A description of the property on which the taking is proposed, with reference made to its exact geographic location. An appropriately scaled map or plat must be included which delineates the area of the resource development or recovery operation and identifies the exact location of each golden eagle nest proposed to be taken. The map or plat must contain enough detail so that each golden eagle nest proposed to be taken can be readily located by the Service. (4) Nest and territory occupancy data. (i) For each golden eagle nest proposed to be taken, the applicant must identify on an appropriately scaled map or plat the exact location of each golden eagle nest in the nesting territory. The map or plat must contain enough details so that each golden eagle nest can be readily located by the Service. (ii) A description of the monitoring that was done to verify that eagles are not attending the nest for breeding purposes, and any additional available document… |
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