Scenario requiring a federal permit for incidental take of eagles: Answer

Answer: No. A permit is required to authorize any take of any bald eagle (or golden eagle). The Service cannot “exempt” any activity that meets the definition of a “take.” The Guidelines are basic recommendations the Service has provided to help minimize the potential for disturbing bald eagles. Page 1 of 3 generalized and do not address every type of activity. Variable on-site conditions, the temperament of individual eagles, and other factors, make it impossible to predict outcomes with certainty. Each situation is different and it is up to the applicant to determine the level of risk they are comfortable with. An activity that is generally assessed as likely to disturb eagles will not always disturb them, and the presence of a number of variables may affect the likelihood that take will occur. In addition, because the Management Guidelines were developed primarily to reduce disturbance, they contain few measures for avoiding or reducing injury or mortality.