U.S. Fish and Wildlife Service Proposes New Eagle Rule to Create a General Incidental Take Permit Process for Power Line Infrastructure and Wind-Energy Projects

November 2022

California Land Use Law & Policy Reporter, Volume 32, Number 2

On September 30, 2022, the U.S. Fish and Wildlife Services (FWS) proposed new regulations related to the issuance of permits for eagle incidental take and eagle nest take. (See: FWS, Permits for Incidental Take of Eagles and Eagle Nests, 87 Fed. Reg. 59,598 [Sept. 30, 2022]) The FWS’ proposed rule includes the creation of a general permit option for qualifying power line infrastructure, wind-energy generation projects, and other activities that may disturb breeding bald eagles and bald eagle nests. The rule is the agency’s latest attempt to revise implementation of the Bald and Golden Eagle Protection Act and increase both the efficiency and effectiveness of the incidental take permitting process while also increasing conservation efforts for eagles.

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