§ 22.280 - Permits for disturbance take of eagles.

§ 22.280 Permits for disturbance take of eagles.

(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 bald eagle nest.

(9) Loud, intermittent noises (e.g., blasting) within one-half-mile of an in-use bald eagle nest.

(c) Eligibility for a specific permit for disturbance. To qualify for a specific permit, you must meet the requirements of § 22.200. Specific permits are for disturbance of a golden eagle nest, disturbance of a bald eagle nest by an activity not specified in paragraph (b) of this section, or disturbance of eagles caused by physical or functional elimination of all foraging area within a territory.

(d) Disturbance permit conditions.

(1) To the maximum degree practicable, implement measures to avoid and minimize nest disturbance, including disturbance due to noise from human activities, visibility of human activities, proximity of activities to the nest, habitat alteration, and any indirect stressors.

(2) Avoid activities that may negatively affect the nesting substrate, including the survival of the nest tree.

(3) Monitor in-use nests sufficiently to determine whether nestlings have fledged from the nest. Include this information in your annual report.

(e) Reporting. You must submit an annual report using Form 3-202-15. The annual report is due on the date specified on your permit or prior to requesting renewal of your permit, whichever is first.

(f) Tenure of permits. General permits for disturbance issued under the regulations in this section are valid for a maximum of 1 year. The tenure of specific permits for disturbance is set forth on the face of the permit and may not exceed 5 years.