On February 12, 2024, the U.S. Fish and Wildlife Service
(Service) published a final rule creating new
permitting pathways and revising existing regulations for the take
of bald eagles (Haliaeetus leucocephalus) and golden
eagles (Aquila chrysaetos). Bald and golden eagles are
protected under the Bald and Golden Eagle Protection Act (BGEPA),
which prohibits take of the species except pursuant to federal
regulations. The updated rule is the result of a settlement
agreement between the Service and the Energy Wildlife and Action
Coalition, which prompted the Service to revisit its existing eagle
permit regulations.
The final rule establishes new general permits for qualifying
activities resulting in take to eagles, known as general permits.
The four general permit categories are for wind energy
infrastructure, power line infrastructure, bald eagle disturbance,
and bald eagle nest take. The four categories of general permits
and the notable requirements of each are
