The Fish and Wildlife Service published revised eagle-permit regulations on December 16, 2016. For this December 17 weekend retrospective, the key distinction is the meaning of incidental take: disturbance, injury or killing associated with an otherwise lawful activity, not the purpose of that activity. The rule was scheduled to become effective January 17, 2017. [2016-29908][2016-10542]

The revision covered incidental-take permits and eagle-nest permits, but those are not interchangeable categories. The final text placed a 30-year maximum on incidental-take permits. Each permit's duration depends on the proposed activity, the period of take, impacts on eagles and mitigation measures. Reporting a maximum as an automatic entitlement would misstate the decision. [2016-29908][2016-10542]

The earlier May 6 proposal explains why duration was under review. The agency believed a five-year maximum discouraged long-term project proponents from applying and limited their ability to plan conservation spending. Longer permits were presented as a means of making future protective measures more predictable. This was the agency's policy rationale, not a finding that longer permits had already improved conservation. [2016-29908][2016-10542]

The final rule still requires preservation findings, appropriate and practicable avoidance and minimization, and compensatory mitigation where required. It also allowed applicants submitting completed applications by July 14, 2017 to elect the previous regulations if they met the earlier application requirements. The two documents belong to one rulemaking chain: the proposal explains the contemplated mechanism, while the final text establishes the adopted provisions and their limits. [2016-29908][2016-10542]

Source documents

  1. Eagle Permits; Revisions to Regulations for Eagle Incidental Take and Take of Eagle Nestshttps://www.govinfo.gov/content/pkg/FR-2016-12-16/html/2016-29908.htm
  2. Eagle Permits; Revisions to Regulations for Eagle Incidental Take and Take of Eagle Nestshttps://www.govinfo.gov/content/pkg/FR-2016-05-06/html/2016-10542.htm