General Eagle Take Permits Available For Qualifying Wind Energy & Power Line Projects

Under the Bald and Golden Eagle Protection Act, take, possession, and transportation of bald and golden eagles is prohibited, unless determined to be compatible with eagle preservation and authorized under regulations issued by the U.S. Fish and Wildlife Service ("USFWS"). (16 U.S.C. § 668a). USFWS recently issued a final rule adding general eagle take permits for qualifying wind energy and power line projects to its existing eagle take permitting program. The revised rule also authorizes general permits for bald eagle disturbance and take of bald eagle nests under certain circumstances. The new general permits should significantly streamline the eagle take permitting process for qualifying projects. Specific (i.e., individual) permits are still available for projects and activities that do not qualify for a general permit under the new program.¹