50 CFR § 22.2 - 22.122 - Taking, Possession, transportation, Sale, Purchase, Barter, Exportation, and Importation of Wildlife and Plants - Eagle Permits

139 U.S. Fish and Wildlife Serv., Interior Pt. 22 prevention of injury to people, prop erty, agricultural crops, or other inter ests, the Director, in writing, will sus pend the program for the resident Can ada goose population in question. How ever, resumption of injuries caused by growth of the population and not oth erwise addressable by the methods available in part 21 may warrant rein statement of such regulations. A State must reapply for approval, including the same information and discussions noted in paragraph (d) of this section. Depending on the location of the injury or threat or injury, the Director, in writing, may suspend or reinstate this authorization for one or more resident Canada goose populations, but not oth ers. (g) What population information is the State or Tribe required to collect con cerning the resident Canada goose man aged take program? Participating States and Tribes must provide an annual es timate of the breeding population and distribution of resident Canada geese in their State. The States and Tribes must submit this estimate on or before August 1 of each year, to the Chief, Di vision of Migratory Bird Management, at the address provided at 50 CFR 2.1(b). (h) What are the general program con ditions and restrictions? The program is subject to the conditions elsewhere in this section, and, unless otherwise spe cifically authorized, the following con ditions: (1) Nothing in this section applies to any Federal land within a State’s or Tribe’s boundaries without written per mission of the Federal agency with ju risdiction. (2) States may not undertake any ac tions under this section if the activi ties adversely affect other migratory birds or species designated as endan gered or threatened under the author ity of the Endangered Species Act. Per sons operating under this section must immediately report the take of any species protected under the Endangered Species Act to the Service. Further, to protect certain species from being ad versely affected by management ac tions, States must: (i) Follow the Federal State Contin gency Plan for the whooping crane; (ii) Conduct no activities within 300 meters of a whooping crane or Mis sissippi sandhill crane nest; and (iii) Follow all Regional (or National when available) Bald Eagle Nesting Management guidelines for all manage ment activities. (i) Information collection requirements. The Office of Management and Budget (OMB) has approved the information collection requirements associated with this program and assigned OMB Control Number 1018–0146. Federal agencies may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Direct comments regarding the burden estimate or any other as pect of the information collection to the Service’s Information Collection Clearance Officer at the address pro vided at 50 CFR 2.1(b). [71 FR 45992, Aug. 10, 2006, as amended at 72 FR 46409, Aug. 20, 2007; 79 FR 43966, July 29, 2014. Redesignated at 87 FR 883, Jan. 7, 2022; 87 FR 884, Jan. 7, 2022] PART 22—EAGLE PERMITS Subpart A—Introduction and General Requirements Sec. 22.2 Purpose of this part. 22.4 Scope of this part. 22.6 Definitions. 22.8 Information collection requirements. 22.10 Relationship to other permit require ments. 22.12 Illegal activities. Subpart B [Reserved] Subpart C—Specific Eagle Permit Provisions 22.50 Eagle scientific and eagle exhibition permits. 22.60 Eagle Indian religious permits. 22.70 Eagle falconry permits. 22.75 Golden eagle nest take permits. 22.80 Permits for eagle take that is associ ated with, but not the purpose of, an ac tivity. 22.85 Removal of eagle nests. 22.90 Permits for bald eagle take exempted under the Endangered Species Act. Subpart D—Provisions for Depredating Eagles 22.100 Eagle depredation permits. VerDate Sep<11>2014 17:11 Jun 01, 2023 Jkt 256244 PO 00000 Frm 00149 Fmt 8010 Sfmt 8010 Y:\SGML\256244.XXX 256244pp ar ke r on D S K 6V X H R 33 P R O D w ith C F R 140 50 CFR Ch. I (10–1–22 Edition) § 22.2 22.120 Golden eagle depredations control order on request of Governor of a State. 22.122 Conditions and limitations on taking under depredation control order. AUTHORITY: 16 U.S.C. 668–668d; 703–712; 1531– 1544. SOURCE: 39 FR 1183, Jan. 4, 1974, unless oth erwise noted. Subpart A—Introduction and General Requirements SOURCE: 39 FR 1183, Jan. 4, 1974, as amended at 87 FR 884, Jan. 7, 2022 unless otherwise noted. § 22.2 Purpose of this part. This part controls the taking, posses sion, and transportation within the United States of bald eagles (Haliaeetus leucocephalus) and golden eagles (Aquila chrysaetos) and their parts, nests, and eggs for scientific, educational, and depredation control purposes; for the religious purposes of American Indian tribes; and to protect other interests in a particular locality. This part also governs the transportation into or out of the United States of bald and golden eagle parts for scientific, educational, and Indian religious purposes. The im port, export, purchase, sale, trade, or barter of bald and golden eagles, or their parts, nests, or eggs is prohibited. [64 FR 50472, Sept. 17, 1999, as amended at 73 FR 29083, May 20, 2008; Redesignated and amended at 87 FR 884, Jan. 7, 2022] § 22.4 Scope of this part. (a)(1) You can possess or transport within the United States, without a Federal permit: (i) Any live or dead bald eagles, or their parts, nests, or eggs that were lawfully acquired before June 8, 1940; and (ii) Any live or dead golden eagles, or their parts, nests, or eggs that were lawfully acquired before October 24, 1962. (2) You may not transport into or out of the United States, import, export, purchase, sell, trade, barter, or offer for purchase, sale, trade, or barter bald or golden eagles, or their parts, nests, or eggs of these lawfully acquired pre act birds. However, you may transport into or out of the United States any lawfully acquired dead bald or golden eagles, their parts, nests, or dead ea gles, if you acquire a permit issued under § 22.60 of this part. (3) No exemption from any statute or regulation will apply to any offspring of these pre-act birds. (4) You must mark all shipments con taining bald or golden eagles, alive or dead, their parts, nests, or eggs as di rected in § 14.81 of this subchapter. The markings must contain the name and address of the person the shipment is going to, the name and address of the person the shipment is coming from, an accurate list of contents by species, and the number of each species. (b) The provisions in this part are in addition to, and are not in lieu of, other regulations of this subchapter B which may require a permit or pre scribe additional restrictions or condi tions for the importation, exportation, and interstate transportation of wild life (see also part 13 of this sub chapter). [39 FR 1183, Jan. 4, 1974, as amended at 64 FR 50472, Sept. 17, 1999; Redesignated and amended at 87 FR 884, Jan. 7, 2022] § 22.6 Definitions. In addition to the definitions con tained in part 10 of this subchapter, and unless the context otherwise re quires, in this part 22: Alternate nest means one of poten tially several nests within a nesting territory that is not an in-use nest at the current time. When there is no in use nest, all nests in the territory are alternate nests. Communal roost site means an area where eagles gather repeatedly in the course of a season and shelter over night and sometimes during the day in the event of inclement weather. Compatible with the preservation of the bald eagle or the golden eagle means con sistent with the goals of maintaining stable or increasing breeding popu lations in all eagle management units and the persistence of local populations throughout the geographic range of each species. Cumulative effects means the incre mental environmental impact or effect of the proposed action, together with impacts of past, present, and reason ably foreseeable future actions. VerDate Sep<11>2014 17:11 Jun 01, 2023 Jkt 256244 PO 00000 Frm 00150 Fmt 8010 Sfmt 8010 Y:\SGML\256244.XXX 256244pp ar ke r on D S K 6V X H R 33 P R O D w ith C F R 141 U.S. Fish and Wildlife Serv., Interior § 22.6 Disturb means 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 avail able, (1) injury to an eagle, (2) a de crease in its productivity, by substan tially interfering with normal breed ing, feeding, or sheltering behavior, or (3) nest abandonment, by substantially interfering with normal breeding, feed ing, or sheltering behavior. Eagle management unit (EMU) means a geographically bounded region within which permitted take is regulated to meet the management goal of main taining stable or increasing breeding populations of bald or golden eagles. Eagle nest means any assemblage of materials built, maintained, or used by bald eagles or golden eagles for the purpose of reproduction. Export for the purpose of this part does not include the transportation of any dead bald or golden eagles, or their parts, nests, or dead eggs out of the United States when accompanied with a valid transportation permit. Foraging area means an area where eagles regularly feed during one or more seasons. Import for the purpose of this part does not include the transportation of any dead bald or golden eagles, or their parts, nests, or dead eggs into the United States when accompanied with a valid transportation permit. Important eagle-use area means an eagle nest, foraging area, or communal roost site that eagles rely on for breed ing, sheltering, or feeding, and the landscape features surrounding such nest, foraging area, or roost site that are essential for the continued viabil ity of the site for breeding, feeding, or sheltering eagles. In-use nest means a bald or golden eagle nest characterized by the pres ence of one or more eggs, dependent young, or adult eagles on the nest in the past 10 days during the breeding season. Indirect effects means effects for which a proposed action is a cause, and which may occur later in time and/or be physically manifested beyond the initial impacts of the action, but are still reasonably likely to occur. Local area population (LAP) means the bald or golden eagle population within the area of a human activity or project bounded by the natal dispersal distance for the respective species. The LAP is estimated using the average eagle density of the EMU or EMUs where the activity or project is lo cated. Necessary to ensure public health and safety means required to maintain soci ety’s well-being in matters of health and safety. Nesting attempt means any activity by golden eagles involving egg laying and incubation as determined by the pres ence of an egg attended by an adult, an adult in incubation posture, or other evidence indicating recent use of a golden eagle nest for incubation of eggs or rearing of young. Nesting territory means the area that contains one or more eagle nests with in the home range of a mated pair of eagles, regardless of whether such nests were built by the current resi dent pair. Person means an individual, corpora tion, partnership, trust, association, or any other private entity, or any offi cer, employee, agent, department, or instrumentality of any State or polit ical subdivision of a State. Practicable means available and capa ble of being done after taking into con sideration existing technology, logis tics, and cost in light of a mitigation measure’s beneficial value to eagles and the activity’s overall purpose, scope, and scale. Resource development or recovery in cludes, but is not limited to, mining, timbering, extracting oil, natural gas and geothermal energy, construction of roads, dams, reservoirs, power plants, power transmission lines, and pipe lines, as well as facilities and access routes essential to these operations, and reclamation following any of these operations. Safety emergency means a situation that necessitates immediate action to alleviate a threat of bodily harm to hu mans or eagles. Take means pursue, shoot, shoot at, poison, wound, kill, capture, trap, col lect, destroy, molest, or disturb. Transportation into or out of the United States for the purpose of this part means that the permitted item or items transported into or out of the VerDate Sep<11>2014 17:11 Jun 01, 2023 Jkt 256244 PO 00000 Frm 00151 Fmt 8010 Sfmt 8010 Y:\SGML\256244.XXX 256244pp ar ke r on D S K 6V X H R 33 P R O D w ith C F R 142 50 CFR Ch. I (10–1–22 Edition) § 22.8 United States do not change ownership at any time, they are not transferred from one person to another in the pur suit of gain or profit, and they are transported into or out of the United States for Indian religious purposes, or for scientific or exhibition purposes under the conditions and during the time period specified on a transpor tation permit for the items. [39 FR 1183, Jan. 4, 1974, as amended at 48 FR 57300, Dec. 29, 1983; 64 FR 50472, Sept. 17, 1999; 72 FR 31139, June 5, 2007; 74 FR 46876, Sept. 11, 2009; 81 FR 91550, Dec. 16, 2016; Redesignated at 87 FR 884, Jan. 7, 2022] § 22.8 Information collection require ments. The Office of Management and Budg et (OMB) has approved the information collection requirements contained in this part and assigned OMB Control Number 1018–0167. Federal agencies may not conduct or sponsor, and a per son is not required to respond to, a col lection of information unless it dis plays a currently valid OMB control number. Direct comments regarding the burden estimate or any other as pect of the information collection to the Service’s Information Collection Clearance Officer at the address pro vided at 50 CFR 2.1(b). [63 FR 52637, Oct. 1, 1998, as amended at 74 FR 46876, Sept. 11, 2009; 79 FR 43966, July 29, 2014; 81 FR 91550, Dec. 16, 2016; Redesignated and amended at 87 FR 884, Jan. 7, 2022] § 22.10 Relationship to other permit requirements. You may not take, possess, or trans port any bald eagle (Haliaeetus leucocephalus) or any golden eagle (Aquila chrysaetos), or the parts, nests, or eggs of such birds, except as allowed by a valid permit issued under this part, 50 CFR part 13, 50 CFR part 17, and/or 50 CFR part 21 as provided by § 21.4, or authorized under a depreda tion order issued under subpart D of this part. We will accept a single appli cation for a permit under this part and any other parts of this subchapter B if it includes all of the information re quired for an application under each applicable part. (a) A permit that covers take of bald eagles or golden eagles under 50 CFR part 17 for purposes of providing pro spective or current ESA authorization constitutes a valid permit issued under this part for any take authorized under the permit issued under part 17 as long as the permittee is in full compliance with the terms and conditions of the permit issued under part 17. The provi sions of part 17 that originally applied will apply for purposes of the Eagle Act authorization, except that the cri terion for revocation of the permit is that the activity is incompatible with the preservation of the bald eagle or the golden eagle rather than incon sistent with the criterion set forth in 16 U.S.C. 1539(a)(2)(B)(iv). (b) You do not need a permit under parts 17 and 21 of this subchapter B for any activity permitted under this part 22 with respect to bald or golden eagles or their parts, nests, or eggs. (c) A permit under this part only au thorizes take, possession, and/or trans port under the Bald and Golden Eagle Protection Act and does not provide authorization under the Migratory Bird Treaty Act or the Endangered Species Act for the take, possession, and/or transport of migratory birds or endangered or threatened species other than bald or golden eagles. (d) If you are transporting dead bald or golden eagles, or their parts, nests, or dead eggs into or out of the United States, you will also need a Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) permit under part 23 of this subchapter. [64 FR 50472, Sept. 17, 1999, as amended at 68 FR 61140, Oct. 27, 2003; 73 FR 29083, May 20, 2008; 81 FR 91550, Dec. 16, 2016; Redesignated and amended at 87 FR 884, Jan. 7, 2022] § 22.12 Illegal activities. (a) You may not sell, purchase, bar ter, trade, import, or export, or offer for sale, purchase, barter, or trade, at any time or in any manner, any bald eagle (Haliaeetus leucocephalus), or any golden eagle (Aquila chrysaetos), or the parts, nests, or eggs of these birds, and we will not issue a permit to authorize these acts. (b) You may not transport into or out of the United States any live bald or golden eagle, or any live egg of those VerDate Sep<11>2014 17:11 Jun 01, 2023 Jkt 256244 PO 00000 Frm 00152 Fmt 8010 Sfmt 8010 Y:\SGML\256244.XXX 256244pp ar ke r on D S K 6V X H R 33 P R O D w ith C F R 143 U.S. Fish and Wildlife Serv., Interior § 22.50 birds, and we will not issue a permit to authorize these acts. [64 FR 50472, Sept. 17, 1999. Redesignated and amended at 87 FR 884, Jan. 7, 2022] Subpart B [Reserved] Subpart C—Specific Eagle Permit Provisions SOURCE: 39 FR 1183, Jan. 4, 1974, as amended at 87 FR 884, Jan. 7, 2022 unless otherwise noted. § 22.50 Eagle scientific and eagle exhi bition permits. We may, under the provisions of this section, issue a permit authorizing the taking, possession, transportation within the United States, or transpor tation into or out of the United States of lawfully possessed bald eagles or golden eagles, or their parts, nests, or eggs for the scientific or exhibition purposes of public museums, public sci entific societies, or public zoological parks. We will not issue a permit under this section that authorizes the trans portation into or out of the United States of any live bald or golden ea gles, or any live eggs of these birds. (a) How do I apply if I want a permit for scientific and exhibition purposes? (1) You must submit applications for per mits to take, possess, or transport within the United States lawfully ac quired live or dead bald or golden ea gles, or their parts, nests, or live or dead eggs for scientific or exhibition purposes to the appropriate Regional Director—Attention: Migratory Bird Permit Office. You can find addresses for the Regional Directors in 50 CFR 2.2. (2) If you want a permit to transport into or out of the United States any law fully acquired dead bald or golden ea gles or their parts, nests, or dead eggs for scientific or exhibition purposes, you must submit your application to the Office of Management Authority. Your application must contain all the information necessary for the issuance of a CITES permit. You must also com ply with all the requirements in part 23 of this subchapter before international travel. Mail should be sent to the Divi sion of Management Authority at the address provided at 50 CFR 2.1(b). (3) Your application for any permit under this section must also contain the information required under this section, § 13.12(a) of this subchapter, and the following information: (i) Species of eagle and number of such birds, nests, or eggs proposed to be taken, possessed, or transported; (ii) Specific locality in which taking is proposed, if any; (iii) Method taking proposed, if any; (iv) If not taken, the source of eagles and other circumstances surrounding the proposed acquisition or transpor tation; (v) Name and address of the public museum, public scientific societies, or public zoological park for which they are intended; (vi) Complete explanation and jus tification of request, nature of project or study, number of specimens now at institution, reason these are inad equate, and other appropriate expla nations. (b) What are the conditions? In addi tion to the general conditions in part 13 of this subchapter B, permits to take, possess, transport within the United States, or transport into or out of the United States bald or golden ea gles, or their parts, nests, or eggs for scientific or exhibition purposes, are also subject to the following condition: In addition to any reporting require ment specifically noted in the permit, you must submit a report of activities conducted under the permit to the Re gional Director—Attention: Migratory Bird Permit Office, within 30 days after the permit expires. (c) How do we evaluate your applica tion for a permit? We will conduct an in vestigation and will only issue a per mit to take, possess, transport within the United States, or transport into or out of the United States bald or golden eagles, or their parts, nests, or eggs for scientific or exhibition purposes when we determine that the taking, posses sion, or transportation is compatible with the preservation of the bald eagle and golden eagle. In making this deter mination, we will consider, among other criteria, the following: (1) The direct or indirect effect which issuing such permit would be likely to VerDate Sep<11>2014 17:11 Jun 01, 2023 Jkt 256244 PO 00000 Frm 00153 Fmt 8010 Sfmt 8010 Y:\SGML\256244.XXX 256244pp ar ke r on D S K 6V X H R 33 P R O D w ith C F R 144 50 CFR Ch. I (10–1–22 Edition) § 22.60 have upon the wild populations of bald and golden eagles; (2) Whether the expertise, facilities, or other resources available to the ap plicant appear adequate to successfully accomplish the objectives stated in the application; (3) Whether the justification of the purpose for which the permit is being requested is adequate to justify the re moval of the eagle from the wild or otherwise change its status; and (4) Whether the applicant has dem onstrated that the permit is being re quested for bona fide scientific or exhi bition purposes of public museums, public scientific societies, or public zo ological parks. (d) Tenure of permits. The tenure of permits to take bald or golden eagles for scientific or exhibition purposes shall be that shown on the face of the permit. [39 FR 1183, Jan. 4, 1974, as amended at 63 FR 52638, Oct. 1, 1998; 64 FR 50472, Sept. 17, 1999; 79 FR 43966, July 29, 2014. Redesignated and amended at 87 FR 884, Jan. 7, 2022] § 22.60 Eagle Indian religious permits. We will issue a permit only to mem bers of Indian entities recognized and eligible to receive services from the United States Bureau of Indian Affairs listed under 25 U.S.C. 479a–1 engaged in religious activities who satisfy all the issuance criteria of this section. We may, under the provisions of this sec tion, issue a permit authorizing the taking, possession, and transportation within the United States, or transpor tation into or out of the United States of lawfully acquired bald eagles or golden eagles, or their parts, nests, or eggs for Indian religious use. We will not issue a permit under this section that authorizes the transportation into or out of the United States of any live bald or golden eagles, or any live eggs of these birds. (a) How do I apply if I want a permit for Indian religious purposes? You must submit applications for permits to take, possess, transport within the United States, or transport into or out of the United States lawfully acquired bald or golden eagles, or their parts, nests, or eggs for Indian religious use to the appropriate Regional Director— Attention: Migratory Bird Permit Of fice. You can find addresses for the ap propriate Regional Directors in 50 CFR 2.2. If you are applying for a permit to transport into or out of the United States, your application must contain all the information necessary for the issuance of a CITES permit. You must comply with all the requirements in part 23 of this subchapter before international travel. Your application for any permit under this section must also contain the information required under this section, § 13.12(a) of this subchapter, and the following information: (1) Species and number of eagles or feathers proposed to be taken, or ac quired by gift or inheritance. (2) State and local area where the taking is proposed to be done, or from whom acquired. (3) Name of tribe with which appli cant is associated. (4) Name of tribal religious cere mony(ies) for which required. (5) You must attach a certification of enrollment in an Indian tribe that is federally recognized under the Feder ally Recognized Tribal List Act of 1994, 25 U.S.C. 479a–1, 108 Stat. 4791 (1994). The certificate must be signed by the tribal official who is authorized to cer tify that an individual is a duly en rolled member of that tribe, and must include the official title of that certi fying official. (b) What are the permit conditions? In addition to the general conditions in part 13 of this subchapter B, permits to take, possess, transport within the United States, or transport into or out of the United States bald or golden ea gles, or their parts, nests or eggs for Indian religious use are subject to the following conditions: (1) Bald or golden eagles or their parts possessed under permits issued pursuant to this section are not trans ferable, except such birds or their parts may be handed down from generation to generation or from one Indian to an other in accordance with tribal or reli gious customs; and (2) You must submit reports or inven tories, including photographs, of eagle feathers or parts on hand as requested by the issuing office. VerDate Sep<11>2014 17:11 Jun 01, 2023 Jkt 256244 PO 00000 Frm 00154 Fmt 8010 Sfmt 8010 Y:\SGML\256244.XXX 256244pp ar ke r on D S K 6V X H R 33 P R O D w ith C F R 145 U.S. Fish and Wildlife Serv., Interior § 22.75 (c) How do we evaluate your applica tion for a permit? We will conduct an in vestigation and will only issue a per mit to take, possess, transport within the United States, or transport into or out of the United States bald or golden eagles, or their parts, nests or eggs, for Indian religious use when we determine that the taking, possession, or trans portation is compatible with the pres ervation of the bald and golden eagle. In making a determination, we will consider, among other criteria, the fol lowing: (1) The direct or indirect effect which issuing such permit would be likely to have upon the wild populations of bald or golden eagles; and (2) Whether the applicant is an In dian who is authorized to participate in bona fide tribal religious ceremonies. (d) How long are the permits valid? We are authorized to amend, suspend, or revoke any permit that is issued under this section (see §§ 13.23, 13.27, and 13.28 of this subchapter). (1) A permit issued to you that au thorizes you to take bald or golden ea gles will be valid during the period specified on the face of the permit, but will not be longer than 1 year from the date it is issued. (2) A permit issued to you that au thorizes you to transport and possess bald or golden eagles or their parts, nests, or eggs within the United States will be valid for your lifetime. (3) A permit authorizing you to transport dead bald eagles or golden eagles, or their parts, nests, or dead eggs into or out of the United States can be used for multiple trips to or from the United States, but no trip can be longer than 180 days. The permit will be valid during the period specified on the face of the permit, not to exceed 3 years from the date it is issued. [39 FR 1183, Jan. 4, 1974, as amended at 63 FR 52638, Oct. 1, 1998; 64 FR 50473, Sept. 17, 1999. Redesignated and amended at 87 FR 884, Jan. 7, 2022] § 22.70 Eagle falconry permits. (a) Use of golden eagles in falconry. If you meet the conditions outlined in § 21.82(c)(3)(iv) of this part, and you have a permit to possess a golden eagle (Aquila chrysaetos) from your State, tribe, or territory, we consider your permit sufficient for the purposes of the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668d), subject to the requirement that take of golden eagles for falconry is compatible with the preservation of the golden eagle. (b) Transfer of golden eagles trapped by government employees to other permittees. If you have the necessary permit(s) from your State, tribe, or territory, a government employee who has trapped a golden eagle under a Federal depreda tion permit or under a depredation con trol order may transfer the bird to you if he or she cannot release the eagle in an appropriate location. A golden eagle may only be taken from a livestock or wildlife depredation area declared by USDA Wildlife Services and permitted under § 22.100, or from a livestock dep redation area authorized in accordance with Subpart D—Provisions for Dep redating Eagles. [73 FR 59477, Oct. 8, 2008, as amended at 75 FR 932, Jan. 7, 2010. Redesignated and amended at 87 FR 884, Jan. 7, 2022] § 22.75 What are the requirements con cerning permits to take golden eagle nests? The Director may, upon receipt of an application and in accordance with the issuance criteria of this section, issue a permit authorizing any person to take alternate golden eagle nests during a resource development or recovery oper ation if the taking is compatible with the preservation of golden eagles. The Office of Management and Budget (OMB) has approved the information collection requirements contained in this section and assigned OMB Control Number 1018–0167. Federal agencies may not conduct or sponsor, and a per son is not required to respond to, a col lection of information unless it dis plays a currently valid OMB control number. Direct comments regarding the burden estimate or any other as pect of the information collection to the Service’s Information Collection Clearance Officer at the address pro vided at 50 CFR 2.1(b). (a) How do I apply for a permit to take golden eagle nests? You must submit ap plications for permits to take golden eagle nests to the appropriate Regional Director—Attention: Migratory Bird Permit Office. You can find addresses VerDate Sep<11>2014 17:11 Jun 01, 2023 Jkt 256244 PO 00000 Frm 00155 Fmt 8010 Sfmt 8010 Y:\SGML\256244.XXX 256244pp ar ke r on D S K 6V X H R 33 P R O D w ith C F R 146 50 CFR Ch. I (10–1–22 Edition) § 22.75 for the appropriate Regional Directors in 50 CFR 2.2. We will only accept ap plications if you are engaged in a re source development or recovery oper ation, including the planning and per mitting stages of an operation. Your application must contain the general information and certification required by § 13.12(a) of this chapter plus the fol lowing additional information: (1) A description of the resource de velopment or recovery operation in which the applicant is engaged. (2) The number of golden eagle nests proposed to be taken. (3) A description of the property on which the taking is proposed, with ref erence made to its exact geographic lo cation. An appropriately scaled map or plat must be included which delineates the area of the resource development or recovery operation and identifies the exact location of each golden eagle nest proposed to be taken. The map or plat must contain enough detail so that each golden eagle nest proposed to be taken can be readily located by the Service. (4) Nest and territory occupancy data. (i) For each golden eagle nest proposed to be taken, the applicant must iden tify on an appropriately scaled map or plat the exact location of each golden eagle nest in the nesting territory. The map or plat must contain enough de tails so that each golden eagle nest can be readily located by the Service. (ii) A description of the monitoring that was done to verify that eagles are not attending the nest for breeding purposes, and any additional available documentation used in identifying which nests within the territory were in-use nests in current and past breed ing seasons. (5) A description of each activity to be performed during the resource de velopment or recovery operation which involves the taking of a golden eagle nest. (6) The length of time for which the permit is requested, including the dates on which the proposed resource development or recovery operation is to begin and end. (7) A statement indicating the in tended disposition of each nest pro posed to be taken. Applicants should state whether they are willing to col lect any nest for scientific or edu cational purposes. (8) A statement indicating any pro posed mitigation measures that are compatible with the resource develop ment or recovery operation to encour age golden eagles to reoccupy the re source development or recovery site. Mitigation measures may include re claiming disturbed land to enhance golden eagle nesting and foraging habi tat, relocating in suitable habitat any inactive golden eagle nest taken, or es tablishing one or more nest sites. If the establishment of one or more nest sites is proposed, a description of the mate rials and methods to be used and the exact location of each artificial nest site must be included. (b) Additional permit conditions. In ad dition to the general conditions set forth in part 13 of this chapter, permits to take golden eagle nests are subject to the following additional conditions: (1) Only alternate golden eagle nests may be taken; (2) The permittee shall submit a re port of activities conducted under the permit to the Director within ten (10) days following the permit’s expiration; (3) The permittee shall notify the Di rector in writing at least 10 days but not more than 30 days before any gold en eagle nest is taken; (4) The permittee must comply with any mitigation and monitoring meas ures determined by the Director to be practicable and compatible with the re source development or recovery oper ation; and (5) Any permit issued before the com mencement of a resource development or recovery operation is invalid if the activity which required a permit is not performed. (c) Issuance criteria. The Director shall conduct an investigation and not issue a permit to take any golden eagle nest unless such taking is compatible with the preservation of golden eagles. In making such determination, the Di rector shall consider the following: (1) Whether the applicant can reason ably conduct the resource development or recovery operation in a manner that avoids taking any golden eagle nest; (2) The total number of golden eagle nests proposed to be taken; VerDate Sep<11>2014 17:11 Jun 01, 2023 Jkt 256244 PO 00000 Frm 00156 Fmt 8010 Sfmt 8010 Y:\SGML\256244.XXX 256244pp ar ke r on D S K 6V X H R 33 P R O D w ith C F R 147 U.S. Fish and Wildlife Serv., Interior ยง 22.80 (3) Whether suitable golden eagle nesting and foraging habitat unaffected by the resource development or recov ery operation is available to accommo date any golden eagles displaced by the resource development or recovery oper ation; and (4) Whether practicable mitigation measures compatible with the resource development or recovery operation are available to encourage reoccupation by golden eagles of the resource develop ment or recovery site. Mitigation measures may include, but are not lim ited to, reclaiming disturbed land to enhance golden eagle nesting and for aging habitat, relocating in suitable habitat any golden eagle nest taken, or establishing one or more nest sites. (d) Tenure of permits. The tenure of any permit to take golden eagle nests is 2 years from the date of issuance, un less a shorter period of time is pre scribed on the face of the permit. Per mits may be renewed in accordance with part 13 of this chapter. [48 FR 57300, Dec. 29, 1983, as amended at 63 FR 52638, Oct. 1, 1998; 64 FR 50474, Sept. 17, 1999; 81 FR 91550, Dec. 16, 2016. Redesignated and amended at 87 FR 884, Jan. 7, 2022] ยง 22.80 Permits for eagle take that is associated with, but not the pur pose of, an activity. (a) Purpose and scope. This permit au thorizes take of bald eagles and golden eagles where the take is compatible with the preservation of the bald eagle and the golden eagle; is necessary to protect an interest in a particular lo cality; is associated with, but not the purpose of, the activity; and cannot practicably be avoided. (b) Definitions. In addition to the defi nitions contained in part 10 of this sub chapter, and ยง 22.6, the following defini tion applies in this section: Eagle means a live bald eagle (Haliaeetus leucocephalus), live golden eagle (Aquila chrysaetos), a bald eagle egg, or a golden eagle egg. (c) Permit conditions. In addition to the conditions set forth in part 13 of this subchapter, which govern permit renewal, amendment, transfer, suspen sion, revocation, and other procedures and requirements for all permits issued by the Service, your authorization is subject to the following additional con ditions: (1) You must comply with all avoid ance, minimization, or other mitiga tion measures specified in the terms of your permit to mitigate for the detri mental effects on eagles, including in direct and cumulative effects, of the permitted take. (i) Compensatory mitigation scaled to project impacts will be required for any permit authorizing take that would exceed the applicable eagle man agement unit take limits. Compen satory mitigation for this purpose must ensure the preservation of the af fected eagle species by reducing an other ongoing form of mortality by an amount equal to or greater than the unavoidable mortality, or increasing the eagle population by an equal or greater amount. (ii) Compensatory mitigation may also be required in the following cir cumstances: (A) When cumulative authorized take, including the proposed take, would exceed 5 percent of the local area population; or (B) When available data indicate that cumulative unauthorized mortality would exceed 10 percent of the local area population. (iii) All required compensatory miti gation must: (A) Be determined based on applica tion of all practicable avoidance and minimization measures; (B) Be sited within the same eagle management unit where the permitted take will occur unless the Service has reliable data showing that the popu lation affected by the take includes in dividuals that are reasonably likely to use another eagle management unit during part of their seasonal migra tion; (C) Use the best available science in formulating and monitoring the long term effectiveness of mitigation meas ures and use rigorous compliance and effectiveness monitoring and evalua tion to make certain that mitigation measures achieve their intended out comes, or that necessary changes are implemented to achieve them; (D) Be additional and improve upon the baseline conditions of the affected VerDate Sep<11>2014 17:11 Jun 01, 2023 Jkt 256244 PO 00000 Frm 00157 Fmt 8010 Sfmt 8010 Y:\SGML\256244.XXX 256244pp ar ke r on D S K 6V X H R 33 P R O D w ith C F R 148 50 CFR Ch. I (10–1–22 Edition) § 22.80 eagle species in a manner that is de monstrably new and would not have oc curred without the compensatory miti gation (voluntary actions taken in an ticipation of meeting compensatory mitigation requirements for an eagle take permit not yet granted may be credited toward compensatory mitiga tion requirements); (E) Be durable and, at a minimum, maintain its intended purpose for as long as impacts of the authorized take persist; and (F) Include mechanisms to account for and address uncertainty and risk of failure of a compensatory mitigation measure. (iv) Compensatory mitigation may include conservation banking, in-lieu fee programs, and other third-party mitigation projects or arrangements. Permittee-responsible mitigation may be approved provided the permittee submits verifiable documentation suffi cient to demonstrate that the stand ards set forth in paragraph (c)(1)(iii) of this section have been met and the al ternative means of compensatory miti gation will offset the permitted take to the degree that is compatible with the preservation of eagles. (2) Monitoring. (i) You may be re quired to monitor impacts to eagles from the permitted activity for up to 3 years after completion of the activity or as set forth in a separate manage ment plan, as specified on your permit. For ongoing activities and enduring site features that will likely continue to cause take, periodic monitoring will be required for as long as the data are needed to assess impacts to eagles. (ii) The frequency and duration of re quired monitoring will depend on the form and magnitude of the anticipated take and the objectives of associated avoidance, minimization, or other mitigation measures, not to exceed what is reasonable to meet the primary purpose of the monitoring, which is to provide data needed by the Service re garding the impacts of the activity on eagles for purposes of adaptive man agement. You must coordinate with the Service to develop project-specific monitoring protocols. If the Service has officially issued or endorsed, through rulemaking procedures, moni toring protocols for the activity that will take eagles, you must follow them, unless the Service waives this require ment. Your permit may require that the monitoring be conducted by quali fied, independent third parties that re port directly to the Service. (3) You must submit an annual report summarizing the information you ob tained through monitoring to the Serv ice every year that your permit is valid and for up to 3 years after completion of the activity or termination of the permit, as specified in your permit. The Service will make eagle mortality information from annual reports avail able to the public. (4) While the permit is valid and for up to 3 years after it expires, you must allow Service personnel, or other quali fied persons designated by the Service, access to the areas where eagles are likely to be affected, at any reasonable hour, and with reasonable notice from the Service, for purposes of monitoring eagles at the site(s). (5) The authorizations granted by permits issued under this section apply only to take that results from activi ties conducted in accordance with the description contained in the permit ap plication and the terms of the permit. If the permitted activity changes after a permit is issued, you must imme diately contact the Service to deter mine whether a permit amendment is required in order to retain take author ization. (6) You must contact the Service im mediately upon discovery of any unan ticipated take. (7) Additional conditions for permits with durations longer than 5 years—(i) Monitoring. Monitoring to assess project impacts to eagles and the effec tiveness of avoidance and minimization measures must be conducted by quali fied, independent third parties, ap proved by the Service. Monitors must report directly to the Service and pro vide a copy of the reports and mate rials to the permittee. (ii) Adaptive management. The permit will specify circumstances under which modifications to avoidance, minimiza tion, or compensatory mitigation measures or monitoring protocols will be required, which may include, but are not limited to: Take levels, location of take, and changes in eagle use of the VerDate Sep<11>2014 17:11 Jun 01, 2023 Jkt 256244 PO 00000 Frm 00158 Fmt 8010 Sfmt 8010 Y:\SGML\256244.XXX 256244pp ar ke r on D S K 6V X H R 33 P R O D w ith C F R 149 U.S. Fish and Wildlife Serv., Interior § 22.80 activity area. At a minimum, the per mit must specify actions to be taken if take approaches or reaches the amount authorized and anticipated within a given time frame. Adaptive manage ment terms in a permit will include re view periods of no more than 5 years and may require prompt action(s) upon reaching specified conditions at any time during the review period. (iii) Permit reviews. At no more than 5 years from the date a permit that ex ceeds 5 years is issued, and at least every 5 years thereafter, the permittee will compile, and submit to the Serv ice, eagle fatality data or other perti nent information that is site-specific for the project, as required by the per mit. The Service will review this infor mation, as well as information pro vided directly to the Service by inde pendent monitors, to determine wheth er: (A) The permittee is in compliance with the terms and conditions of the permit and has implemented all appli cable adaptive management measures specified in the permit; and (B) Eagle take does not exceed the amount authorized to occur within the period of review. (iv) Actions to be taken based on the permit review. (A) In consultation with the permittee, the Service will update fatality predictions, authorized take levels and compensatory mitigation for future years, taking into account the observed levels of take based on ap proved protocols for monitoring and es timating total take, and, if applicable, accounting for changes in operations or permit conditions pursuant to the adaptive management measures speci fied in the permit or made pursuant to paragraphs (c)(7)(iv)(B) through (D) of this section. (B) If authorized take levels for the period of review are exceeded in a man ner or to a degree not addressed in the adaptive management conditions of the permit, based on the observed levels of take using approved protocols for mon itoring and estimating total take, the Service may require additional actions including but not limited to: (1) Adding, removing, or adjusting avoidance, minimization, or compen satory mitigation measures; (2) Modifying adaptive management conditions; (3) Modifying monitoring require ments; and (4) Suspending or revoking the per mit in accordance with part 13 of this subchapter B. (C) If the observed levels of take, using approved protocols for moni toring and estimating total take, are below the authorized take levels for the period of review, the Service will proportionately revise the amount of compensatory mitigation required for the next period of review, including crediting excess compensatory mitiga tion already provided by applying it to the next period of review. (D) Provided the permittee imple ments all required actions and remains compliant with the terms and condi tions of the permit, no other action is required. However, with consent of the permittee, the Service may make addi tional changes to a permit, including appropriate modifications to avoidance and/or minimization measures or moni toring requirements. If measures are adopted that have been shown to be ef fective in reducing risk to eagles, ap propriate adjustments will be made in fatality predictions, take estimates, and compensatory mitigation. (v) Fees. For permits with terms longer than 5 years, an administration fee of $8,000 will be assessed every 5 years for permit review. (8) The Service may amend, suspend, or revoke a permit issued under this section if new information indicates that revised permit conditions are nec essary, or that suspension or revoca tion is necessary, to safeguard local or regional eagle populations. This provi sion is in addition to the general cri teria for amendment, suspension, and revocation of Federal permits set forth in §§ 13.23, 13.27, and 13.28 of this chap ter. (9) Notwithstanding the provisions of § 13.26 of this chapter, you remain re sponsible for all outstanding moni toring requirements and mitigation measures required under the terms of the permit for take that occurs prior to cancellation, expiration, suspension, or revocation of the permit. (10) You must promptly notify the Service of any eagle(s) found injured or VerDate Sep<11>2014 17:11 Jun 01, 2023 Jkt 256244 PO 00000 Frm 00159 Fmt 8010 Sfmt 8010 Y:\SGML\256244.XXX 256244pp ar ke r on D S K 6V X H R 33 P R O D w ith C F R 150 50 CFR Ch. I (10–1–22 Edition) § 22.80 1 Daylight hours are defined as the hours between sunrise and sunset. 2 The project footprint is the minimum convex polygon that encompasses the wind project area inclusive of the hazardous area around all turbines and any associated util ity infrastructure, roads, etc. dead at the activity site, regardless of whether the injury or death resulted from your activity. The Service will determine the disposition of such ea gles. (11) You are responsible for ensuring that the permitted activity is in com pliance with all Federal, Tribal, State, and local laws and regulations applica ble to eagles. (d) Applying for an eagle take permit. (1) You are advised to coordinate with the Service as early as possible for ad vice on whether a permit is needed and for technical assistance in assembling your permit application package. The Service may provide guidance on devel oping complete and adequate applica tion materials and will determine when the application form and materials are ready for submission. (2) Your application must consist of a completed application Form 3–200–71 and all required attachments. Send ap plications to the Regional Director of the Region in which the take would occur—Attention: Migratory Bird Per mit Office. You can find the current ad dresses for the Regional Directors in § 2.2 of subchapter A of this chapter. (3) Except as set forth in paragraph (d)(3)(ii) of this section, an applicant must coordinate with the Service to develop project-specific monitoring and survey protocols, take probability models, and any other applicable data quality standards, and include in the application all the data thereby ob tained. (i) If the Service has officially issued or endorsed, through rulemaking pro cedures, survey, modeling, or other data quality standards for the activity that will take eagles, you must follow them and include in your application all the data thereby obtained, unless the Service waives this requirement for your application. (ii) Applications for eagle incidental take permits for wind facilities must include pre-construction eagle survey information collected according to the following standards, unless exceptional circumstances apply and survey re quirements can be modified to accom modate those circumstances after con sultation with, and written concur rence by, the Service: (A) Surveys must consist of point based recordings of bald eagle and gold en eagle flight activity (minutes of flight) within a three-dimensional cy lindrical plot (the sample plot). The ra dius of the sample plot is 2,625 feet (ft) (800 meters (m)), and the height above ground level must be either 656 ft (200 m) or 82 ft (25 m) above the maximum blade reach, whichever is greater. (B) The duration of the survey for each visit to each sample plot must be at least 1 hour. (C) Sampling must include at least 12 hours per sample plot per year for 2 or more years. Each sample plot must be sampled at least once per month, and the survey start time for a sampling period must be selected randomly from daylight hours,1 unless the conditions in paragraph (d)(3)(ii)(F) of this section apply. (D) Sampling design must be spa tially representative of the project footprint,2 and spatial coverage of sam ple plots must include at least 30 per cent of the project footprint. Sample plot locations must be determined ran domly, unless the conditions in para graph (d)(3)(ii)(F) of this section apply. (E) The permit application package must contain the following: (1) Coordinates of each sample point in decimal degrees (specify projection/ datum). (2) The radius and height of each sample plot. (3) The proportion of each three-di mensional sample plot that was observ able from the sample point for each survey. (4) Dates, times, and weather condi tions for each survey, to include the time surveys at each sample point began and ended. (5) Information for each survey on the number of eagles by species ob served (both in flight and perched), and the amount of flight time (minutes) that each was in the sample plot area. (6) The number of proposed turbines and their specifications, including VerDate Sep<11>2014 17:11 Jun 01, 2023 Jkt 256244 PO 00000 Frm 00160 Fmt 8010 Sfmt 8010 Y:\SGML\256244.XXX 256244pp ar ke r on D S K 6V X H R 33 P R O D w ith C F R 151 U.S. Fish and Wildlife Serv., Interior ยง 22.80 brand/model, rotor diameter, hub height, and maximum blade reach (height), or the range of possible op tions. (7) Coordinates of the proposed tur bine locations in decimal degrees (specify projection/datum), including any alternate sites. (F) Stratified-random sampling (a sample design that accounts for vari ation in eagle abundance by, for exam ple, habitat, time of day, season) will often provide more robust, efficient sampling. Random sampling with re spect to time of day, month, or project footprint can be waived if stratifica tion is determined to be a preferable sampling strategy after consultation and approval in advance with the Serv ice. (iii) Application of the Service-en dorsed data quality standards of para graphs (d)(3)(i) and (ii) of this section may not be needed if: (A) The Service has data of sufficient quality to predict the likely risk to ea gles; (B) Expediting the permit process will benefit eagles; or (C) The Service determines the risk to eagles from the activity is low enough relative to the status of the eagle population based on: (1) Physiographic and biological fac tors of the project site; or (2) The project design (i.e., use of proven technology, micrositing, etc.). (e) Evaluation of applications. In de termining whether to issue a permit, we will evaluate: (1) Whether take is likely to occur based on the magnitude and nature of the impacts of the activity. (2) Whether the take is: (i) Compatible with the preservation of the bald eagle and the golden eagle, including consideration of indirect ef fects and the cumulative effects of other permitted take and other addi tional factors affecting eagle popu lations; (ii) Associated with the permanent loss of an important eagle use area; (iii) Necessary to protect a legiti mate interest in a particular locality; and (iv) Associated with, but not the pur pose of, the activity. (3) Whether the cumulative author ized take, including the proposed take, would exceed 5 percent of the local area population. (4) Any available data indicating that unauthorized take may exceed 10 per cent of the local area population. (5) Whether the applicant has pro posed all avoidance and minimization measures to reduce the take to the maximum degree practicable relative to the magnitude of the impacts to ea gles. (6) Whether the applicant has pro posed compensatory mitigation meas ures that comply with standards set forth under paragraph (c)(1) of this sec tion to compensate for remaining un avoidable impacts after all appropriate and practicable avoidance and mini mization measures have been applied. (7) Whether issuing the permit would preclude the Service from authorizing another take necessary to protect an interest of higher priority, according to the following prioritization order: (i) Safety emergencies; (ii) Increased need for traditionally practiced Native American tribal reli gious use that requires taking eagles from the wild; (iii) Non-emergency activities nec essary to ensure public health and safe ty; and (iv) Other interests. (8) For projects that are already operational and have taken eagles without a permit, whether such past unpermitted eagle take has been re solved or is in the process of resolution with the Office of Law Enforcement through settlement or other appro priate means. (9) Any additional factors that may be relevant to our decision whether to issue the permit, including, but not limited to, the cultural significance of a local eagle population. (f) Required determinations. Before we issue a permit, we must find that: (1) The direct and indirect effects of the take and required mitigation, to gether with the cumulative effects of other permitted take and additional factors affecting the eagle populations within the eagle management unit and the local area population, are compat ible with the preservation of bald ea gles and golden eagles. VerDate Sep<11>2014 17:11 Jun 01, 2023 Jkt 256244 PO 00000 Frm 00161 Fmt 8010 Sfmt 8010 Y:\SGML\256244.XXX 256244pp ar ke r on D S K 6V X H R 33 P R O D w ith C F R 152 50 CFR Ch. I (10–1–22 Edition) § 22.85 (2) The taking is necessary to protect an interest in a particular locality. (3) The taking is associated with, but not the purpose of, the activity. (4) The applicant has applied all ap propriate and practicable avoidance and minimization measures to reduce impacts to eagles. (5) The applicant has applied all ap propriate and practicable compen satory mitigation measures, when re quired, pursuant to paragraph (c) of this section, to compensate for remain ing unavoidable impacts after all ap propriate and practicable avoidance and minimization measures have been applied. (6) Issuance of the permit will not preclude issuance of another permit necessary to protect an interest of higher priority as set forth in para graph (e)(7) of this section. (7) Issuance of the permit will not interfere with an ongoing civil or criminal action concerning unpermitted past eagle take at the project. (g) We may deny issuance of a permit if we determine that take is not likely to occur. (h) Permit duration. The duration of each permit issued under this section will be designated on its face and will be based on the duration of the pro posed activities, the period of time for which take will occur, the level of im pacts to eagles, and the nature and ex tent of mitigation measures incor porated into the terms and conditions of the permit. A permit for incidental take will not exceed 30 years. (i) Applicants for eagle incidental take permits who submit a completed permit application by July 14, 2017 may elect to apply for coverage under the regulations that were in effect prior to January 17, 2017 provided that the per mit application satisfies the permit ap plication requirements of the regula tions in effect prior to January 17, 2017. If the Service issues a permit to such applicants, all of the provisions and conditions of the regulations that were in effect prior to January 17, 2017 will apply. [74 FR 46877, Sept. 11, 2009, as amended at 79 FR 73725, Dec. 9, 2013; 81 FR 8004, Feb. 17, 2016; 81 FR 91551, Dec. 16, 2016. Redesignated at 87 FR 884, Jan. 7, 2022; 87 FR 885, Jan. 7, 2022] § 22.85 Removal of eagle nests. (a) Purpose and scope. (1) A permit may be issued under this section to au thorize removal or relocation of: (i) An in-use or alternate nest where necessary to alleviate an existing safe ty emergency, or to prevent a rapidly developing safety emergency that is otherwise likely to result in bodily harm to humans or eagles while the nest is still in use by eagles for breed ing purposes; (ii) An alternate nest when the re moval is necessary to ensure public health and safety; (iii) An alternate nest, or an in-use nest prior to egg-laying, that is built on a human-engineered structure and creates, or is likely to create, a func tional hazard that renders the struc ture inoperable for its intended use; or (iv) An alternate nest, provided the take is necessary to protect an interest in a particular locality and the activ ity necessitating the take or the miti gation for the take will, with reason able certainty, provide a net benefit to eagles. (2) Where practicable and bio logically warranted, the permit may require a nest to be relocated, or a sub stitute nest provided, in a suitable site within the same territory to provide a viable nesting option for eagles within that territory, unless such relocation would create a threat to safety. How ever, we may issue permits to remove nests that we determine cannot or should not be relocated. The permit may authorize take of eggs or nestlings if present. The permit may also author ize the take of adult eagles (e.g., dis turbance or capture) associated with the removal or relocation of the nest. (3) A permit may be issued under this section to cover multiple nest takes over a period of up to 5 years, provided VerDate Sep<11>2014 17:11 Jun 01, 2023 Jkt 256244 PO 00000 Frm 00162 Fmt 8010 Sfmt 8010 Y:\SGML\256244.XXX 256244pp ar ke r on D S K 6V X H R 33 P R O D w ith C F R 153 U.S. Fish and Wildlife Serv., Interior ยง 22.85 the permittee complies with com prehensive measures developed in co ordination with the Service to mini mize the need to remove nests and specified as conditions of the permit. (4) This permit does not authorize in tentional, lethal take of eagles. (b) Conditions. (1) The permit does not authorize take of in-use nests except: (i) For safety emergencies as pro vided under paragraph (a)(1)(i) of this section; or (ii) Prior to egg-laying if the in-use nest is built on a human-engineered structure and meets the provisions set forth in paragraph (a)(1)(iii) of this sec tion. (2) When an in-use nest must be re moved under this permit, any take of nestlings or eggs must be conducted by a Service-approved, qualified agent. All nestlings and viable eggs must be im mediately transported to foster/recipi ent nests or a rehabilitation facility permitted to care for eagles, as di rected by the Service, unless the Serv ice waives this requirement. (3) Possession of the nest for any pur pose other than removal or relocation is prohibited without a separate permit issued under this part authorizing such possession. (4) You must submit a report con sisting of a summary of the activities conducted under the permit to the Service within 30 days after the per mitted take occurs, except that for programmatic permits, you must re port each nest removal within 10 days after the take and submit an annual re port by January 31 containing all the information required in Form 3-202-16 for activities conducted during the pre ceding calendar year. (5) You may be required to monitor the area and report whether eagles at tempt to build or occupy another nest at another site in the vicinity for the duration specified in the permit. (6) You may be required under the terms of the permit to harass eagles from the area following the nest re moval when the Service determines it is necessary to prevent eagles from re nesting in the vicinity. (7) You must comply with all avoid ance, minimization, or other mitiga tion measures specified in the terms of your permit to mitigate for the detri mental effects on eagles, including in direct and cumulative effects, of the permitted take. (8) Compensatory mitigation scaled to project impacts will be required for any permit authorizing take that would exceed the applicable eagle man agement unit take limits. Compen satory mitigation must conform to the standards set forth at ยง 22.80(c)(1)(iii). Compensatory mitigation may also be required in the following cir cumstances: (i) When cumulative authorized take, including the proposed take, would ex ceed 5 percent of the local area popu lation; (ii) When available data indicate that cumulative unauthorized mortality would exceed 10 percent of the local area population; or (iii) If the permitted activity does not provide a net benefit to eagles, you must apply appropriate and practicable compensatory mitigation measures as specified in your permit to provide a net benefit to eagles scaled to the ef fects of the nest removal. (9) The Service may amend or revoke a programmatic permit issued under this section if new information indi cates that revised permit conditions are necessary, or that suspension or revocation is necessary, to safeguard local or regional eagle populations. (10) Notwithstanding the provisions of ยง 13.26 of this subchapter, you remain responsible for all outstanding moni toring requirements and mitigation measures required under the terms of the permit for take that occurs prior to cancellation, expiration, suspension, or revocation of the permit. (11) You are responsible for ensuring that the permitted activity is in com pliance with all Federal, Tribal, State, and local laws and regulations applica ble to eagles. (c) Applying for a permit to take eagle nests. (1) If the take is necessary to ad dress an immediate threat to human or eagle safety, contact your local U.S. Fish and Wildlife Service Regional Mi gratory Bird Permit Office at the ear liest possible opportunity to inform the Service of the emergency. (2) Your application must consist of a completed application Form 3-200-72 VerDate Sep<11>2014 17:11 Jun 01, 2023 Jkt 256244 PO 00000 Frm 00163 Fmt 8010 Sfmt 8010 Y:\SGML\256244.XXX 256244pp ar ke r on D S K 6V X H R 33 P R O D w ith C F R 154 50 CFR Ch. I (10–1–22 Edition) § 22.90 and all required attachments. Send ap plications to the Regional Director of the Region in which the disturbance would occur—Attention: Migratory Bird Permit Office. You can find the current addresses for the Regional Di rectors in § 2.2 of subchapter A of this chapter. (d) Evaluation of applications. In de termining whether to issue a permit, we will evaluate: (1) Whether the activity meets the requirements of paragraph (a)(1) of this section; (2) The direct and indirect effects of the take and required mitigation, to gether with the cumulative effects of other permitted take and additional factors affecting eagle populations; (3) Whether there is a practicable al ternative to nest removal that will pro tect the interest to be served; (4) Whether issuing the permit would preclude the Service from authorizing another take necessary to protect an interest of higher priority, as set forth in paragraph (e)(5) of this section; (5) For take that is not necessary to alleviate an immediate safety emer gency, whether suitable nesting and foraging habitat is available to accom modate eagles displaced by the nest re moval; and (6) Any additional factors that may be relevant to our decision whether to issue the permit, including, but not limited to, the cultural significance of a local eagle population. (e) Required determinations. Before issuing a permit under this section, we must find that: (1) The direct and indirect effects of the take and required mitigation, to gether with the cumulative effects of other permitted take and additional factors affecting eagle populations, are compatible with the preservation of the bald eagle or the golden eagle. (2) For alternate nests: (i) The take is necessary to ensure public health and safety; (ii) The nest is built on a human-en gineered structure and creates, or is likely to create, a functional hazard that renders the structure inoperable for its intended use; or (iii) The take is necessary to protect an interest in a particular locality, and the activity necessitating the take or the mitigation for the take will, with reasonable certainty, provide a net benefit to eagles. (3) For in-use nests prior to egg-lay ing, the nest is built on a human-engi neered structure and creates, or is like ly to create, a functional hazard that renders the structure inoperable for its intended use. (4) For in-use nests, the take is nec essary to alleviate an existing safety emergency, or to prevent a rapidly de veloping safety emergency that is oth erwise likely to result in bodily harm to humans or eagles while the nest is still in use by eagles for breeding pur poses. (5) There is no practicable alter native to nest removal that would pro tect the interest to be served. (6) Issuing the permit will not pre clude the Service from authorizing an other take necessary to protect an in terest of higher priority, according to the following prioritization order: (i) Safety emergencies; (ii) Increased need for traditionally practiced Native American tribal reli gious use that requires taking eagles from the wild; (iii) Non-emergency activities nec essary to ensure public health and safe ty; (iv) Resource development or recov ery operations (under § 22.75, for golden eagle nests only); and (v) Other interests. (f) Tenure of permits. The tenure of any permit to take eagle nests under this section is set forth on the face of the permit and will not be longer than 5 years. [74 FR 46877, Sept. 11, 2009, as amended at 81 FR 91553, Dec. 16, 2016. Redesignated at 87 FR 884, Jan. 7, 2022; 87 FR 885, Jan. 7, 2022] § 22.90 Permits for bald eagle take ex empted under the Endangered Spe cies Act. (a) Purpose and scope. This permit au thorizes take of bald eagles (Haliaeetus leucocephalus) in compliance with the terms and conditions of a section 7 in cidental take statement under the En dangered Species Act of 1973, as amend ed (ESA) (16 U.S.C. 1531 et seq.; 50 CFR 402, Subpart B) issued prior to the ef fective date of 50 CFR 22.80. VerDate Sep<11>2014 17:11 Jun 01, 2023 Jkt 256244 PO 00000 Frm 00164 Fmt 8010 Sfmt 8010 Y:\SGML\256244.XXX 256244pp ar ke r on D S K 6V X H R 33 P R O D w ith C F R 155 U.S. Fish and Wildlife Serv., Interior § 22.100 (b) Issuance criteria. Before issuing you a permit under this section, we must find that you are in full compli ance with the terms and conditions contained in the applicable ESA inci dental take statement issued prior to the effective date of 50 CFR 22.80 for take of eagles, based on your certifi cation and any other relevant informa tion available to us, including, but not limited to, monitoring or progress re ports required pursuant to your inci dental take statement. The terms and conditions of the Eagle Act permit under this section, including any modi fied terms and conditions, must be compatible with the preservation of the bald eagle. (c) Permit conditions. (1) You must comply with all terms and conditions of the incidental take statement issued under section 7 of the ESA, or modified measures specified in the terms of your permit issued under this section. At permit issuance or at any time during its tenure, the Service may modify the terms and conditions that were in cluded in your ESA incidental take statement, based on one or more of the following factors: (i) You requested and received modi fied measures because some of the re quirements for take authorization under the ESA were not necessary for take authorization under the Eagle Act; (ii) The amount or extent of inci dental take authorized under the take statement is exceeded; (iii) New information reveals effects of the action that may affect eagles in a manner or to an extent not pre viously considered, and requires modi fication of the terms and conditions to ensure the preservation of the bald eagle or the golden eagle; or (iv) The activity will be modified by the permittee in a manner that causes effects to eagles that were not pre viously considered and which requires modification of the terms and condi tions in the incidental take statement in order to ensure the preservation of the bald eagle or the golden eagle. (2) During any period when the eagles covered by your incidental take state ment are listed under the ESA, you must comply with the terms and condi tions of both the incidental take state ment and the permit issued under this section. (d) Permit duration. The permit will be valid until the action that will take eagles, as described in the incidental take statement or modified to condi tion the permit issued under this sec tion, is completed, as long as the per mittee complies with the terms and conditions of the permit, including any modified terms and conditions. (e) Applying for an eagle take permit. (1) Your application must consist of a copy of the applicable section 7 inci dental take statement issued pursuant to the Endangered Species Act (ESA), and a signed certification that you are in full compliance with all terms and conditions of the ESA incidental take statement. (2) If you request reevaluation of the terms and conditions required under your previously granted ESA inci dental take statement for eagles, you must include a description of the modi fications you request, and an expla nation for why you believe the original conditions or measures are not reason ably justified to offset the detrimental impact of the permitted activity on ea gles. (3) Send completed permit applica tions to the Regional Director of the Region in which the disturbance would occur—Attention: Migratory Bird Per mit Office. You can find the current ad dresses for the Regional Directors in § 2.2 of subchapter A of this chapter. [73 FR 29083, May 20, 2008; 74 FR 46879, Sept. 11, 2009. Redesignated at 87 FR 884, Jan. 7, 2022; 87 FR 885, Jan. 7, 2022] Subpart D—Provisions for Depredating Eagles SOURCE: 39 FR 1183, Jan. 4, 1974, as amended at 87 FR 885, Jan. 7, 2022 unless otherwise noted. § 22.100 Eagle depredation permits. (a) How do I apply for a permit? You must submit applications for permits under this section to the appropriate Regional Director—Attention: Migra tory Bird Permit Office. You can find addresses for the appropriate Regional Directors in 50 CFR 2.2. Your applica tion must contain the information and certification required by § 13.12(a) of VerDate Sep<11>2014 17:11 Jun 01, 2023 Jkt 256244 PO 00000 Frm 00165 Fmt 8010 Sfmt 8010 Y:\SGML\256244.XXX 256244pp ar ke r on D S K 6V X H R 33 P R O D w ith C F R 156 50 CFR Ch. I (10–1–22 Edition) § 22.120 this subchapter, and the following ad ditional information: (1) Species and number of eagles pro posed to be taken; (2) Location and description of prop erty where taking is proposed; (3) Inclusive dates for which permit is requested; (4) Method of taking proposed; (5) Kind and number of livestock or domestic animals owned by applicant, if applicable; (6) Kind and amount of alleged dam age, or description of the risk posed to human health and safety or eagles; and (7) Name, address, age, and business relationship with applicant of any per son the applicant proposes to act for him as his agent in the taking of such eagles. (b) What are the permit conditions? In addition to the general conditions set forth in part 13 of this subchapter B, permits to take bald or golden eagles under this section are subject to the following conditions: (1) Bald or golden eagles may be taken under permit by firearms, traps, or other suitable means except by poi son or from aircraft; (2) The taking of eagles under permit may be done only by the permittee or his agents named in the permit; (3) Any eagle taken under authority of such permit will be promptly turned over to a Service agent or other game law enforcement officer designated in the permit; and (4) In addition to any reporting re quirement on a permit, you must sub mit a report of activities conducted under the permit to the appropriate Regional Director—Attention: Migra tory Bird Permit Office within 10 days following completion of the taking op erations or the expiration of the per mit, whichever occurs first. (c) Issuance criteria. The Director will not issue a permit to take bald or gold en eagles unless the Director has deter mined that such taking is compatible with the preservation of the bald or golden eagle. In making such deter mination, the Director will consider the following: (1) The direct or indirect effect which issuing such permit would be likely to have upon the wild population of bald or golden eagles; (2) Whether evidence shows that bald or golden eagles have in fact become seriously injurious to wildlife or to ag riculture or other interests in the par ticular locality to be covered by the permit and the injury complained of is substantial, or that bald or golden ea gles pose a significant risk to human or eagle health and safety; and (3) Whether the only way to abate or prevent the damage caused by the bald or golden eagle is to take some or all of the offending birds. (d) Tenure of permits. The tenure of any permit to take bald or golden ea gles under this section is that shown on the face of the permit. We will not issue these permits for terms longer than 90 days, except that permits to authorize disturbance associated with hazing eagles from the vicinity may be valid for up to 5 years. We may amend, suspend, or revoke permits issued for a period of longer than 90 days if new in formation indicates that revised per mit conditions are necessary, or that suspension or revocation is necessary, to safeguard local or regional eagle populations. [39 FR 1183, Jan. 4, 1974, as amended at 63 FR 52638, Oct. 1, 1998; 64 FR 50473, Sept. 17, 1999; 74 FR 46876, Sept. 11, 2009. Redesignated at 87 FR 884, Jan. 7, 2022; 87 FR 885, Jan. 7, 2022] § 22.120 Golden eagle depredations control order on request of Gov ernor of a State. (a) Whenever the Governor of any State requests permission to take gold en eagles to seasonally protect domes ticated flocks and herds in such State, the Director shall make an investiga tion and if he determines that such taking is necessary to and will season ally protect domesticated flocks and herds in such States he shall authorize such taking in whatever part or parts of the State and for such periods as he determines necessary to protect such interests. (b) Requests from the Governor of a State to take golden eagles to season ally protect domesticated flocks and herds must be submitted in writing to the Director listing the periods of time during which the taking of such birds is recommended, and including a map of the State indicating the boundaries VerDate Sep<11>2014 17:11 Jun 01, 2023 Jkt 256244 PO 00000 Frm 00166 Fmt 8010 Sfmt 8010 Y:\SGML\256244.XXX 256244pp ar ke r on D S K 6V X H R 33 P R O D w ith C F R 157 U.S. Fish and Wildlife Serv., Interior Pt. 23 of the proposed area of taking. Such re quests should include a statement of the facts and the source of such facts that in the Governor’s opinion justifies the request. After a decision by the Di rector, the Governor will be advised in writing concerning the request and a notice will be published in the FEDERAL REGISTER. [39 FR 1183, Jan. 4, 1974, as amended at 87 FR 885, Jan. 7, 2022. Redesignated 87 FR 885, Jan. 7, 2022] § 22.122 Conditions and limitations on taking under depredation control order. (a) Whenever the taking of golden ea gles without a permit is authorized for the seasonal protection of livestock, such birds may be taken by firearms, traps, or other suitable means except by poison or from aircraft. (b) Any person exercising any of the privileges granted by this subpart D must permit all reasonable times, in cluding during actual operations, any Service agent, or other game law en forcement officer free and unrestricted access over the premises on which such operations have been or are being con ducted; and shall furnish promptly to such officer whatever information he may require concerning such oper ations. (c) The authority to take golden ea gles under a depredations control order issued pursuant to this subpart D only authorizes the taking of golden eagles when necessary to seasonally protect domesticated flocks and herds, and all such birds taken must be reported and turned over to a local Bureau Agent. [39 FR 1183, Jan. 4, 1974, as amended at 87 FR 885, Jan. 7, 2022. Redesignated 87 FR 885, Jan. 7, 2022] PART 23—CONVENTION ON INTER NATIONAL TRADE IN ENDAN GERED SPECIES OF WILD FAUNA AND FLORA (CITES) Subpart A—Introduction Sec. 23.1 What are the purposes of these regula tions and CITES? 23.2 How do I decide if these regulations apply to my shipment or me? 23.3 What other wildlife and plant regula tions may apply? 23.4 What are Appendices I, II, and III? 23.5 How are the terms used in these regula tions defined? 23.6 What are the roles of the Management and Scientific Authorities? 23.7 What office do I contact for CITES in formation? 23.8 What are the information collection re quirements? 23.9 Incorporation by reference. Subpart B—Prohibitions, Exemptions, and Requirements 23.13 What is prohibited? 23.14 [Reserved] 23.15 How may I travel internationally with my personal or household effects, includ ing tourist souvenirs? 23.16 What are the U.S. CITES requirements for urine, feces, and synthetically de rived DNA? 23.17 What are the requirements for CITES specimens traded internationally by dip lomatic, consular, military, and other persons exempt from customs duties or inspections? 23.18 What CITES documents are required to export Appendix-I wildlife? 23.19 What CITES documents are required to export Appendix-I plants? 23.20 What CITES documents are required for international trade? 23.21 What happens if a country enters a reservation for a species? 23.22 What are the requirements for in-tran sit shipments? 23.23 What information is required on U.S. and foreign CITES documents? 23.24 What code is used to show the source of the specimen? 23.25 What additional information is re quired on a non-Party CITES document? 23.26 When is a U.S. or foreign CITES docu ment valid? 23.27 What CITES documents do I present at the port? Subpart C—Application Procedures, Criteria, and Conditions 23.32 How do I apply for a U.S. CITES docu ment? 23.33 How is the decision made to issue or deny a request for a U.S. CITES docu ment? 23.34 What kinds of records may I use to show the origin of a specimen when I apply for a U.S. CITES document? 23.35 What are the requirements for an im port permit? 23.36 What are the requirements for an ex port permit? 23.37 What are the requirements for a re-ex port certificate? VerDate Sep<11>2014 17:11 Jun 01, 2023 Jkt 256244 PO 00000 Frm 00167 Fmt 8010 Sfmt 8010 Y:\SGML\256244.XXX 256244pp ar ke r on D S K 6V X H R 33 P R O D w ith C F R