Bald & Golden Eagles
The Eagle Act makes it illegal to take (kill, wound, pursue, shoot, shoot at, poison, capture, trap, collect, molest or disturb) bald or golden eagles. Disturb is defined in the Eagle Act as "to agitate or bother a bald or golden eagle to a degree that caused, or is likely to cause, based on the best scientific information available,
- Injury to an eagle.
- A decrease in its productivity, by substantially interfering with normal breeding, feeding or sheltering behavior.
- Nest abandonment, by substantially interfering with normal breeding, feeding or sheltering behavior."
If your project can't comply with the Eagle Act (for example, your project won't be able to meet the distance or timing restrictions to comply with the management guidelines), you may need a permit. Contact the Fish & Wildlife Program Manager if you think you need a permit.
In general, routine activities such as maintenance of existing facilities would not need to be permitted unless the activity resulted in a significantly different use intensity and would increase the likelihood eagles will be disturbed.
Migratory birds
The Migratory Bird Treaty Act (MBTA) protects all migratory avian species with the exception of European starlings, non-native pigeons, Eurasian collared dove and house sparrows. Under this law, it is illegal to "pursue, hunt, take, capture (or) kill" migratory birds. The USFWS implements and enforces the MBTA. Similarly, Washington State has a law that makes it illegal to take protected birds.
Biologists, contact the Fish & Wildlife Program Manager if your project is located on a bridge or other structure or if there is a known raptor nest in the area.