On February 12, 2024, the US Fish & Wildlife Service (USFWS) published their final rule revising the regulations for the issuance of Permits for Incidental Take of Eagles and Eagle Nests. The purpose of these revisions is reportedly to increase the efficiency and effectiveness of permitting, improve clarity for the regulated community, and increase the conservation benefit for eagles. In addition to continuing to authorize specific permits, the revision created general permits for certain activities under prescribed conditions, including general permit options for qualifying wind-energy generation projects, power line infrastructure, activities that may disturb breeding bald eagles, and bald eagle nest take. Improvements to the specific permit requirements and process were included, as well as revised permit fees and clarified definitions.
ABOUT THE CHANGES
This rule is expected to create an overall savings due to reduced costs for general permits compared to specific permits under the 2016 regulations. This rule is expected to create additional savings to both industry and the Service in terms of reduced Eagle Act enforcement costs. Entities that receive and comply with a permit will no longer be subject to potential enforcement under the Eagle Act, which can result in substantial legal costs, nor will they incur costs to estimate and reduce their legal risks, which may include biological surveys and hiring staff and attorneys.
HOW WE CAN HELP
McCormick Taylor's Avian Biologists have reviewed the Final Rule with a focus on those components most likely to be immediately impactful to our Energy clients' (general permit options for power line infrastructure, activities that may disturb breeding bald eagles, and bald eagle nest take requirements and process).
If you are interested in learning more, contact Ben Morrow, Director of Energy Services, at bmorrow@mccormicktaylor.com.
- Read more about our Avian Services here.
- View the Final Ruling here.
