Communities weighing development near eagle populations have more to examine than a permit's expiration date. The Fish and Wildlife Service's final rule, published December 16, 2016, changed eagle permitting criteria, mitigation standards and duration. This December 17 weekend account concerns that Friday publication, not a new Saturday decision; the rule specified January 17, 2017 effectiveness. [2016-29908][2016-10542]

The final provisions require a finding that permitted take and required mitigation are compatible with preserving bald and golden eagles. Applicants must apply appropriate, practicable avoidance and minimization measures, with compensatory mitigation when required for remaining unavoidable impacts. Incidental take means harm associated with an otherwise lawful activity, rather than its purpose. A longer permit does not remove those tests. [2016-29908][2016-10542]

Why lengthen the possible term? In its May 6 proposal, the agency argued that a five-year maximum discouraged proponents of long-lived activities from seeking permits. It described longer terms as a way to plan resources for future conservation measures. That argument helps explain the policy choice; it does not demonstrate that more developers subsequently complied or fewer eagles were harmed. [2016-29908][2016-10542]

The final incidental-take ceiling is 30 years, with individual duration depending on activity, impacts and mitigation. It is not a guaranteed term or a blanket rule for nest permits. For residents assessing a project, the useful question is therefore which protective conditions accompany its particular authorization. The proposal and final rule document one agency process, not independent evidence that the balance between development and wildlife protection has succeeded. [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