BGEPA Permit Glossary: Key Terms & Definitions for Developers and Consultants

BGEPA Permit Key Terms & Definitions

Bald and Golden Eagle Protection Act (BGEPA): A federal law that 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. (16 U.S.C. § 668)

Bald Eagle: A large, primarily fish-eating bird of prey native to North America, scientifically known as Haliaeetus leucocephalus. The bald eagle is one of the species protected under the Bald and Golden Eagle Protection Act.

Compensatory Mitigation: Conservation measures designed to offset the unavoidable adverse impacts to bald and golden eagles caused by an otherwise lawful activity. Compensatory mitigation may include habitat restoration, nest site protection, or contributions to eagle conservation programs. (50 C.F.R. § 22.26)

Disturb: To agitate or bother a bald or golden eagle to a degree that causes, or is likely to cause, based on the best scientific information available, (1) injury to an eagle, (2) a decrease in its productivity, by substantially interfering with normal breeding, feeding, or sheltering behavior, or (3) nest abandonment, by substantially interfering with normal breeding, feeding, or sheltering behavior. (50 C.F.R. § 22.3)

Eagle Conservation Plan (ECP): A document prepared by the applicant that describes the proposed activity and the measures that will be taken to avoid, minimize, and mitigate any adverse effects on bald or golden eagles. The ECP is a key component of the permit application process. (U.S. Fish and Wildlife Service, Eagle Conservation Plan Guidance)

Eagle Management Unit (EMU): A geographically defined area that contains unique eagle populations or habitat characteristics and is used by the U.S. Fish and Wildlife Service to manage eagle populations. EMUs consider factors such as migration patterns, breeding areas, and prey availability. (Eagle Permits; Revisions to Regulations for Eagle Incidental Take and Take of Eagle Nests, 81 Fed. Reg. 91494)

Golden Eagle: A large, primarily mammal-eating bird of prey native to North America, scientifically known as Aquila chrysaetos. The golden eagle is one of the species protected under the Bald and Golden Eagle Protection Act.

Incidental Take: Take of bald or golden eagles that results from, but is not the purpose of, an otherwise lawful activity. (50 C.F.R. § 22.26)

Incidental Take Permit: A permit issued by the U.S. Fish and Wildlife Service under the Bald and Golden Eagle Protection Act that authorizes the take of bald or golden eagles when the take is associated with, but not the purpose of, an otherwise lawful activity. (50 C.F.R. § 22.26)

Monitoring: The collection and analysis of data to assess the status of eagle populations, habitats, and the effectiveness of conservation measures. Monitoring may be required as a condition of a Bald and Golden Eagle Protection Act permit. (Eagle Permits; Revisions to Regulations for Eagle Incidental Take and Take of Eagle Nests, 81 Fed. Reg. 91494)

National Eagle Repository: A central repository maintained by the U.S. Fish and Wildlife Service that receives, stores, and distributes bald and golden eagle carcasses and parts for Native American religious and cultural purposes. (50 C.F.R. § 22.22)

Practicable: Capable of being done after taking into consideration, relative to the magnitude of the impacts to eagles, the following three things: the cost of remedy compared to proponent resources; existing technology; and logistics in light of overall project purposes. (50 C.F.R. § 22.3)

Programmatic Permit: A type of permit issued by the U.S. Fish and Wildlife Service under the Bald and Golden Eagle Protection Act that authorizes recurring take that is unavoidable even after implementation of advanced conservation practices. Programmatic permits are designed to provide a mechanism for authorizing ongoing or long-term activities that may result in the take of eagles. (50 C.F.R. § 22.26)

Revocation: The cancellation of a Bald and Golden Eagle Protection Act permit by the U.S. Fish and Wildlife Service. Revocation may occur if the permittee fails to comply with the conditions of the permit or if the permitted activity is determined to be detrimental to the preservation of bald or golden eagles. (50 C.F.R. § 22.27)

Take: To pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, destroy, molest, or disturb bald or golden eagles, their nests, or their eggs. (16 U.S.C. § 668c)

U.S. Fish and Wildlife Service (USFWS): The federal agency within the Department of the Interior responsible for administering the Bald and Golden Eagle Protection Act and issuing permits for the take of bald and golden eagles.

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A Note to Our Readers: We hope this guide is a valuable resource in helping you better understand the . 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.