Bald & Golden Eagle Protection Act (BGEPA) Permits

Bald and Golden Eagle Protection Act Permits

“Whenever, after investigation, the Secretary of the Interior shall determine that it is compatible with the preservation of the bald eagle or the golden eagle to permit the taking possession, and transportation of specimens thereof…, he may authorize… pursuant to regulations….”

Original 1940 Statute:Original 1940 Statute:

•• Scientific Collecting Scientific Collecting •• Exhibition Exhibition•• Depredation Depredation

Permits can be issued for:

• Parts and feathers from the National Eagle Repository

• Take from the wild

• Live eagle aviaries

1962 Amendments to BGEPAIndian Religious Use

1972 –1972 –Falconry (21.29) Falconry (21.29)

– Golden eagles, onlyGolden eagles, only

1978 –1978 –Take of golden eagle nests for resource Take of golden eagle nests for resource

development and recovery operations (22.25)development and recovery operations (22.25)*

1972 and 1978 Amendments

The Service established regulations to allow The Service established regulations to allow international transport of non-living eagle international transport of non-living eagle specimensspecimens

Amended the Indian religious regulations and Amended the Indian religious regulations and the exhibition regulations for American the exhibition regulations for American Indians and museums.Indians and museums.

Items must return to the country of origin.Items must return to the country of origin.

1999 International Transport Regulations1999 International Transport Regulations

Eagle Permits for Native American Religious Purposes

Allows members of Indian entities recognized and eligible to receive services from the United States Bureau of Indian Affairs to take, possess and transport within the United States or transport into or out of the United States bald or golden eagles, their parts, nests or eggs for religious purposes.

– Members of federally recognized tribes can apply for a permit to obtain eagle parts and feathers from National Eagle Repository

– Permits for parts and feathers from the NER are good for life

Eagle Parts for Native American Religious Purposes

– May be gifted to other members of federally recognized tribes

The immature/sub-adult golden eagle is the most highly The immature/sub-adult golden eagle is the most highly requested bird from the requested bird from the National Eagle Repoisitory. National Eagle Repoisitory. Because of demand, it can take over 4 years to get a whole Because of demand, it can take over 4 years to get a whole golden eagle carcass.golden eagle carcass.

FACTFACT

Eagle Take for Native American Eagle Take for Native American Religious PurposesReligious Purposes

Permits issued to tribes that can document Permits issued to tribes that can document a historic a historic need to take eagles from the need to take eagles from the wildwild for religious ceremoniesfor religious ceremonies

Hopi permit authorizes take of up to 40 Hopi permit authorizes take of up to 40 golden eagle nestlings per yeargolden eagle nestlings per year

A few other tribes have been issued A few other tribes have been issued permits for 1-2 eagles per year permits for 1-2 eagles per year

Native American Eagle AviariesNative American Eagle Aviaries

• An Eagle Aviary Permit authorizes An Eagle Aviary Permit authorizes federally-recognized tribes to federally-recognized tribes to possess non-releasable bald and possess non-releasable bald and golden eagles to use molted golden eagles to use molted feathers/live eagles for religious feathers/live eagles for religious purposespurposes

• Distribution of parts/feathers at Distribution of parts/feathers at discretion of permittee, but only to discretion of permittee, but only to members of BIA federally recognized members of BIA federally recognized tribal entitiestribal entities

Native American Eagle Aviaries - BenefitsNative American Eagle Aviaries - Benefits

• Supplemental source of feathers• Faster acquisition for some tribal members• Educational valueEducational value• Tribal self-sufficiencyTribal self-sufficiency• Reduction in eagle Reduction in eagle

euthanasiaeuthanasia

Iowa Tribe of OK Eagle Aviary

2009 – Two New Eagle Act Permits2009 – Two New Eagle Act Permits

50 CFR 22.26 – Take that is associated 50 CFR 22.26 – Take that is associated with, but not the purpose of, an with, but not the purpose of, an otherwise lawful activity otherwise lawful activity (i.e., Incidental Take).(i.e., Incidental Take).

50 CFR 22.27 – Nest removal for safety 50 CFR 22.27 – Nest removal for safety

and additional limited purposes. and additional limited purposes.

Statutory Authority

““Whenever, after Whenever, after investigation,…it is investigation,…it is necessary to permit the necessary to permit the taking of such eagles for the taking of such eagles for the protection of wildlife or of protection of wildlife or of agricultural agricultural or other or other interests in any particular interests in any particular localitylocality, [the Secretary of , [the Secretary of the Interior] may authorize the Interior] may authorize the taking of such eagles….the taking of such eagles….

Incidental Take Permit (22.26)

Only for take that Only for take that cannot practicably cannot practicably be avoidedbe avoided. Permittees must avoid and . Permittees must avoid and minimize to the maximum degree minimize to the maximum degree practicable.practicable.

Covers disturbance and other non-Covers disturbance and other non-purposeful take.purposeful take.

Programmatic Take PermitsProgrammatic Take Permits

For take that is recurring and For take that is recurring and not in a specific, identifiable not in a specific, identifiable timeframe and/or location timeframe and/or location (e.g. power lines).(e.g. power lines).

The applicant/permittee The applicant/permittee must implement must implement Advanced Advanced Conservation Practices Conservation Practices designed to reduce take to designed to reduce take to the point where it is the point where it is essentially unavoidable.essentially unavoidable.

Eagle Nest Take Permits (22.27)

Nest removal permits can be issued Nest removal permits can be issued under very limited circumstancesunder very limited circumstances

Only inactive nests may be taken Only inactive nests may be taken except in safety emergencies.except in safety emergencies.

NEPA on 2009 PermitsThe EA established take thresholds for permittingThe EA established take thresholds for permitting

Bald Eagle Management Bald Eagle Management Populations: Populations: – Are based on natal dispersal Are based on natal dispersal

range.range.– Roughly correspond to the Roughly correspond to the

Service’s Regional Service’s Regional organizational structure, with organizational structure, with some shared populations.some shared populations.

NEPA on 2009 Permit Regulations

Golden Eagle Management Populations: Golden Eagle Management Populations:

Set at the Bird Conservation Region (BCR) Set at the Bird Conservation Region (BCR) level because available estimates for level because available estimates for golden eagles were BCR-scale population golden eagles were BCR-scale population estimatesestimates

Potentially declining populations Take threshold set at zero absent new data

Prioritization / Allocation of PermitsPrioritization / Allocation of Permits

Safety emergencies;Safety emergencies;

Native American religious use for rites Native American religious use for rites and ceremonies that require eagles be and ceremonies that require eagles be taken from the wild;taken from the wild;

Renewal of programmatic take permits;Renewal of programmatic take permits;

Non-emergency activities necessary to Non-emergency activities necessary to ensure public health and safety; andensure public health and safety; and

Other interests.Other interests.

Looking into the Future:Looking into the Future:

Extending tenure for programmatic Extending tenure for programmatic nonpurposeful take permits (22.26)nonpurposeful take permits (22.26)

Extensive revisions to nonpurposeful take Extensive revisions to nonpurposeful take permit regulations (22.26)permit regulations (22.26)

Increasing requests from tribes to take eagles Increasing requests from tribes to take eagles for religious purposesfor religious purposes

More research on the status and needs of More research on the status and needs of golden eaglesgolden eagles

Discuss with your group: What significant development related to eagles occurred after the year 2000 to spur development of BGEPA incidental take regulations?

Group WorkBGEPA Permits

Photo courtesy of Tamara Mills, USFWS

Any Questions?Any Questions?