A Guide to the Bald & Golden Eagle Protection Act Requirements, Process, and Compliance
The Bald and Golden Eagle Protection Act (BGEPA) serves as a powerful tool for safeguarding two of America's most iconic bird species. This comprehensive guide dives deep into the intricacies of the BGEPA, offering a clear understanding of its scope, prohibitions, and permitting processes. Learn about the act's history, its role in the broader regulatory landscape, and the specific activities and entities it covers. Explore the monitoring, reporting, and recordkeeping obligations that ensure compliance and transparency. Understand the enforcement actions and penalties for violations, as well as the compliance assistance and incentives available to support conservation efforts. By the end of this guide, readers will be equipped with the knowledge necessary to navigate the complexities of the BGEPA and contribute to the protection of these majestic birds.
GENERAL INFORMATION
Key Details of the Bald & Golden Eagle Protection Act
Issuing Agency: United States Fish and Wildlife Service, Department of the Interior
Year Established: 1940
Last Amended: 1962 (amended to include golden eagles)
Statutory Authority: Bald and Golden Eagle Protection Act
Primary Legal Reference: Title 16, United States Code, Sections 668-668d
What is the Bald & Golden Eagle Protection Act?
The Bald and Golden Eagle Protection Act (BGEPA) is a federal wildlife conservation law that provides protection for bald eagles (Haliaeetus leucocephalus) and golden eagles (Aquila chrysaetos). The Act was originally passed in 1940 to protect bald eagles, and was later amended in 1962 to include golden eagles.1 The BGEPA is administered and enforced by the United States Fish and Wildlife Service (USFWS), an agency within the Department of the Interior.
The primary goal of the BGEPA is to ensure the conservation and continued survival of bald and golden eagles in the United States. The Act achieves this by prohibiting the "take, possession, sale, purchase, barter, offer to sell, purchase or barter, transport, export or import, of any bald or golden eagle, alive or dead, including any part, nest, or egg, unless allowed by permit."2
The BGEPA operates within the broader framework of federal wildlife conservation laws, such as the Migratory Bird Treaty Act and the Endangered Species Act. While the bald eagle was removed from the federal list of threatened and endangered species in 2007, it continues to be protected under the BGEPA and the Migratory Bird Treaty Act.
What does the Bald & Golden Eagle Protection Act protect?
The Bald and Golden Eagle Protection Act specifically protects bald eagles (Haliaeetus leucocephalus) and golden eagles (Aquila chrysaetos), including their parts, nests, and eggs. The Act protects these birds from unauthorized "take," which is defined as "pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest or disturb."2 The BGEPA also prohibits the possession, sale, purchase, barter, transport, export, or import of bald or golden eagles, their parts, nests, or eggs without a permit from the USFWS.
REGULATORY SCOPE & JURISDICTION
Regulated Activities, Entities & Prohibited Substances
The Bald and Golden Eagle Protection Act (BGEPA) is a federal law that provides comprehensive protection for bald eagles (Haliaeetus leucocephalus) and golden eagles (Aquila chrysaetos). The Act prohibits a wide range of activities that could harm these iconic bird species, their nests, or their eggs. The BGEPA applies to individuals, organizations, and commercial entities across various industries, including:
- Construction and development
- Energy production (e.g., oil and gas, wind, solar)
- Transportation
- Agriculture
- Recreation and tourism
Under the BGEPA, it is illegal to engage in the following activities without obtaining a permit from the U.S. Fish and Wildlife Service (USFWS)3:
- Take: The Act prohibits the pursuit, shooting, shooting at, poisoning, wounding, killing, capturing, trapping, collecting, molesting, or disturbing of bald or golden eagles.
- Possession: It is unlawful to possess, sell, purchase, barter, offer to sell, purchase, or barter, transport, export, or import any bald or golden eagle, whether alive or dead, or any part, nest, or egg thereof.
- Transportation: The Act prohibits the transportation of eagles or their parts, nests, or eggs without proper permits.
- Interference with breeding, feeding, or sheltering: Engaging in activities that interfere with the breeding, feeding, or sheltering behavior of bald or golden eagles is prohibited.
These prohibitions are in place to protect bald and golden eagles from harm, as these species have faced significant threats in the past due to hunting, habitat loss, and environmental contaminants, such as DDT4. By regulating activities that could negatively impact eagle populations, the BGEPA aims to ensure the long-term conservation and recovery of these majestic birds.
Relationship to Other Regulations & Agencies
The Bald and Golden Eagle Protection Act operates in conjunction with various other federal, state, and local regulations and agencies to ensure the comprehensive protection of bald and golden eagles. Some of the key relationships include:
Migratory Bird Treaty Act (MBTA): The MBTA is another federal law that provides protection for a wide range of migratory bird species, including bald and golden eagles5. The USFWS is responsible for enforcing both the BGEPA and the MBTA, ensuring that these laws work together to safeguard eagles and other migratory birds.
Endangered Species Act (ESA): Although bald eagles were removed from the Endangered Species List in 2007, they are still protected under the BGEPA6. If either bald or golden eagles were to be relisted under the ESA, the USFWS would continue to coordinate the implementation and enforcement of both laws.
National Environmental Policy Act (NEPA): For projects that require federal permits, funding, or approval, NEPA mandates that agencies assess the environmental impacts of their proposed actions. This process often involves evaluating potential impacts on bald and golden eagles, ensuring compliance with the BGEPA.
State and local agencies: Many states have their own laws and regulations that provide additional protections for bald and golden eagles. State wildlife agencies often work in partnership with the USFWS to monitor eagle populations, enforce regulations, and issue permits for activities that may impact eagles.
The USFWS plays a central role in implementing and enforcing the BGEPA, but it also collaborates with other federal agencies, such as the Bureau of Land Management, the U.S. Forest Service, and the Department of Energy, when their activities or projects may affect bald or golden eagles. This cooperation ensures that the BGEPA is applied consistently across different jurisdictions and sectors, providing comprehensive protection for these iconic bird species.
COMPLIANCE REQUIREMENTS & STANDARDS
Regulatory Standards & Limitations
The Bald and Golden Eagle Protection Act (BGEPA) prohibits the take, possession, sale, purchase, barter, offer to sell, purchase or barter, transport, export or import, of any bald or golden eagle, alive or dead, including any part, nest, or egg, unless allowed by permit.7 "Take" is defined as "pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest or disturb."8
The BGEPA provides limited exceptions to these prohibitions, including:
- Scientific or exhibition purposes
- Religious purposes of Indian tribes
- Taking of golden eagle nests that interfere with resource development or recovery operations
- Falconry (golden eagles only)9
The U.S. Fish and Wildlife Service (USFWS) has the authority to issue permits for these activities if certain conditions are met, such as:
- The activity is compatible with the preservation of the bald or golden eagle
- The activity is associated with a science, education, or Native American religious use
- The activity is associated with a falconry use (golden eagles only)10
Monitoring, Reporting & Recordkeeping Obligations
Under the BGEPA, entities that obtain permits for activities that may result in the take of bald or golden eagles must comply with monitoring, reporting, and recordkeeping requirements. These requirements may vary depending on the specific type of permit and activity, but generally include:
Monitoring: Permittees must monitor the impacts of their activities on bald and golden eagles, including the number of eagles taken, the circumstances of the take, and any measures implemented to mitigate the impacts.11
Reporting: Permittees must submit annual reports to the USFWS summarizing the results of their monitoring activities, including the number of eagles taken, the circumstances of the take, and any mitigation measures implemented.12
Recordkeeping: Permittees must maintain accurate records of their activities, including monitoring data, for a specified period (usually 3-5 years) and make these records available for inspection by the USFWS upon request.13
These obligations are critical for ensuring compliance with the BGEPA and promoting transparency in the management of bald and golden eagle populations. The data collected through monitoring and reporting helps the USFWS track the impacts of permitted activities on eagle populations and inform future conservation and management decisions.
Enforcement Actions & Penalties
The USFWS is responsible for enforcing the BGEPA and ensuring that regulated entities comply with its requirements. The agency conducts inspections and audits to monitor compliance, which may include:
- Routine inspections: Regular, scheduled inspections of permitted activities to ensure compliance with permit conditions and regulatory requirements.
- Targeted inspections: Focused inspections of specific activities or entities based on risk factors, compliance history, or other criteria.
- Complaint-driven inspections: Inspections conducted in response to complaints or reports of potential violations.14
During inspections, regulated entities have the right to be informed of the purpose and scope of the inspection and to have legal counsel present. They also have the responsibility to provide access to records and facilities and to cooperate with inspectors.15
Violations of the BGEPA can result in various penalties, as outlined in the table below:
Violation Type | Description | Penalty |
---|---|---|
Administrative | Minor violations, such as failure to maintain accurate records | Warning letters, corrective action orders, permit modifications or revocations |
Civil | More serious violations, such as taking eagles without a permit or failure to comply with permit conditions | Fines up to $5,000 per violation or per eagle taken |
Criminal | Knowing violations of the BGEPA, such as intentional take of eagles or falsification of records | Fines up to $250,000 and/or imprisonment up to 2 years |
The severity of the penalty depends on factors such as the nature and extent of the violation, the intent of the violator, and the violator's compliance history.18
Compliance Assistance & Regulatory Incentives
The USFWS provides various programs and resources to help entities understand and comply with the BGEPA:
Technical Assistance: The USFWS offers guidance documents to help entities develop plans for avoiding, minimizing, and mitigating impacts to eagles.19
Training and Workshops: The USFWS and industry groups offer training and workshops on eagle conservation, permit requirements, and compliance strategies.20
Voluntary Partnership Programs: The USFWS has established voluntary partnership programs, such as the Eagle Electrocution Prevention Program, that provide technical assistance and recognition to entities that implement best practices for reducing eagle mortality. More information can be found through partnership and industry websites.
Entities interested in these programs can visit the USFWS website (https://www.fws.gov/birds/management/managed-species/eagle-management.php) or contact their regional USFWS office for more information on eligibility, application processes, and potential benefits.
ADDITIONAL RESOURCES
Regulatory History & Upcoming Changes
The Bald and Golden Eagle Protection Act (BGEPA) was originally enacted in 1940 to protect bald eagles, which were facing the threat of extinction due to hunting, habitat loss, and the use of DDT pesticides21. The act prohibited the taking, possession, sale, purchase, barter, offer to sell, purchase or barter, transport, export or import, of any bald eagle, alive or dead, including any part, nest, or egg, unless allowed by permit22.
In 1962, Congress amended the BGEPA to include golden eagles, recognizing that they faced similar threats and also required protection23. The amendment also increased the civil penalties for violating the act and added criminal penalties for the second and subsequent offenses24.
In 1972, the BGEPA was further amended to strengthen its enforcement provisions and increase the criminal penalties for violating the act25. The amendment also authorized the Secretary of the Interior to permit the taking of golden eagle nests that interfere with resource development or recovery operations26.
In 2009, the U.S. Fish and Wildlife Service (USFWS) published a final rule establishing a new permit process under the BGEPA for the take of bald and golden eagles associated with otherwise lawful activities. The rule established two new permit types: standard permits and programmatic permits, which are designed to provide flexibility for projects that have ongoing or long-term impacts on eagles.
As of 2023, there are no major proposed rules, regulatory changes, or pending legislation related to the BGEPA. However, the USFWS continues to monitor the status of bald and golden eagle populations and may propose future changes to the act or its implementing regulations as necessary to ensure their conservation27.
To stay informed about potential changes to the BGEPA, interested parties can:
- Monitor the Federal Register for proposed rules and notices related to the act28.
- Sign up for email updates from the USFWS's Migratory Bird Program.
- Attend public meetings or workshops hosted by the USFWS on eagle conservation and management29.
- Engage with industry associations or environmental organizations that track developments related to the BGEPA.
Additional Resources
Full text of the Bald and Golden Eagle Protection Act, 16 U.S.C. 668-668d30
- This link provides access to the complete, current text of the BGEPA as codified in the United States Code.
U.S. Fish and Wildlife Service's Eagle Management Program website31
- This website serves as a central hub for information on the USFWS's efforts to conserve and manage bald and golden eagles under the BGEPA, including links to permit information, guidance documents, and conservation plans.
"Eagle Permits; Revisions to Regulations for Eagle Incidental Take and Take of Eagle Nests" (Final Rule, 2016)32
- This final rule, published in the Federal Register, provides an overview of the current permit process for the take of bald and golden eagles and their nests, including the requirements for obtaining a permit and the criteria for permit issuance.
"The Bald and Golden Eagle Protection Act at a Glance" (Environmental Law Institute, 2020)
- This concise fact sheet provides an overview of the key provisions of the BGEPA, its relationship to other wildlife laws, and the permit process for the take of eagles.
"The Evolution of the Bald and Golden Eagle Protection Act" (Langton et al., 2021)33
- This peer-reviewed article, published in the journal Biological Conservation, provides a detailed history of the BGEPA and its amendments, as well as an analysis of its effectiveness in conserving eagle populations.
These resources offer a range of information on the BGEPA, from the full legal text to practical guidance for compliance and conservation planning. They can serve as valuable references for developers, consultants, and other stakeholders seeking to understand and navigate the requirements of this important environmental law.
REFERENCES
"Bald and Golden Eagle Protection Act." U.S. Fish and Wildlife Service, accessed May 8, 2023, https://www.fws.gov/law/bald-and-golden-eagle-protection-act. ↩
Bald and Golden Eagle Protection Act, 16 U.S.C. §§ 668-668d (1940). ↩ ↩2
U.S. Fish and Wildlife Service. (2020). Bald and Golden Eagle Protection Act. https://www.fws.gov/birds/policies-and-regulations/laws-legislations/bald-and-golden-eagle-protection-act.php ↩
Lyday, S. (2020, March 6). The History of the Bald Eagle Protection Act. ↩
U.S. Fish and Wildlife Service. (2020). Migratory Bird Treaty Act. https://www.fws.gov/birds/policies-and-regulations/laws-legislations/migratory-bird-treaty-act.php ↩
U.S. Fish and Wildlife Service. (2007). Bald Eagle Recovered, Removed from Endangered Species List. https://www.fws.gov/news/ShowNews.cfm?ID=5148F6CD-EDF0-D0EA-93037789BB8D6D0B ↩
16 U.S.C. § 668(a) ↩
50 C.F.R. § 22.3 ↩
16 U.S.C. § 668a ↩
50 C.F.R. § 22.26-22.27 ↩
50 C.F.R. § 22.26(c)(7) ↩
50 C.F.R. § 22.26(c)(8) ↩
50 C.F.R. § 13.46 ↩
U.S. Fish and Wildlife Service, Office of Law Enforcement, "Eagle Investigations" ↩
Ibid. ↩
16 U.S.C. § 668(a)-(b) ↩
18 U.S.C. § 3571 ↩
U.S. Fish and Wildlife Service, "Enforcement Overview" ↩
U.S. Fish and Wildlife Service, "Eagle Conservation Plan Guidance" ↩
U.S. Fish and Wildlife Service, "Eagle Management" ↩
"Bald and Golden Eagle Protection Act." U.S. Fish and Wildlife Service. https://www.fws.gov/law/bald-and-golden-eagle-protection-act ↩
16 U.S.C. 668(a). https://www.law.cornell.edu/uscode/text/16/668 ↩
"Bald and Golden Eagle Protection Act." U.S. Fish and Wildlife Service. https://www.fws.gov/law/bald-and-golden-eagle-protection-act ↩
Ibid. ↩
Ibid. ↩
Ibid. ↩
"Bald and Golden Eagle Protection Act." U.S. Fish and Wildlife Service. https://www.fws.gov/law/bald-and-golden-eagle-protection-act ↩
"Federal Register." National Archives. https://www.federalregister.gov/ ↩
"Eagle Management." U.S. Fish and Wildlife Service. https://www.fws.gov/program/eagle-management ↩
"16 U.S.C. Chapter 5A - Protection and Conservation of Wildlife." Legal Information Institute. https://www.law.cornell.edu/uscode/text/16/chapter-5A/subchapter-II ↩
"Eagle Management." U.S. Fish and Wildlife Service. https://www.fws.gov/program/eagle-management ↩
"Eagle Permits; Revisions to Regulations for Eagle Incidental Take and Take of Eagle Nests." Federal Register. https://www.federalregister.gov/documents/2016/12/16/2016-29908/eagle-permits-revisions-to-regulations-for-eagle-incidental-take-and-take-of-eagle-nests ↩
Langton, S. D., Allison, T. D., & Cuthbert-Allison, R. J. (2021). The evolution of the Bald and Golden Eagle Protection Act. Biological Conservation, 261, 109408. https://doi.org/10.1016/j.biocon.2021.109408 ↩
A Note to Our Readers: We hope this guide is a valuable resource in helping you better understand the BGEPA. However, it's not a substitute for professional advice and doesn't cover every scenario. Always consult with regulatory bodies and professionals for the most current advice and project-specific guidance.