Form 3-200-72 Eagle Nest Take Permit Application Form

WHAT YOU SHOULD KNOW ABOUT A FEDERAL PERMIT
FOR EAGLE NEST REMOVAL
A Federal permit for take of an eagle nest authorizes take (removal and/or relocation) of a bald or golden eagle nest to
protect human safety or eagles, and under other limited circumstances. You should review Title 50 Parts 10, 13, and
22.27 of the Code of Federal Regulations (CFR). You are responsible for reviewing and understanding these
regulations before you request and accept a permit. These regulations can be found on our website at
https://www.fws.gov/birds/policies-and-regulations/permits/permit-policies-and-regulations.php. Below are questions
and answers regarding eagle nest take permits.
1.

Under what circumstances may an eagle nest be removed?
This permit may be used to authorize the removal of a bald or golden eagle nest where the removal is: (a) necessary
to alleviate a safety emergency to people or eagles; (b) necessary to ensure public health and safety; (c) the nest prevents
the use of a pre-existing human-engineered structure; or (d) the activity or mitigation for the activity will provide a net
benefit to eagles. Only alternate nests may be taken, except in the case of safety emergencies. We define “alternate nest”
as “one of potentially 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.”
2. If one of the four situations described above applies, will the Service automatically issue a nest removal
permit?
No. Other criteria also must be met, including the following: (a) the removal must be consistent with the goals of
maintaining stable or increasing breeding populations in all eagle management units and the persistence of local
populations throughout the geographic range of each species; and (b) there is no practicable alternative to removing the
nest; and for take that is not necessary to alleviate an immediate threat to human safety or eagles.
3. Does the permit allow people to take nests that have eggs or nestlings in them?
The only situation in which the permit may authorize removal of an in-use nest is in the case of a safety emergency,
meaning a situation that necessitates immediate action to alleviate a threat of bodily harm to humans or eagles.
Otherwise, only alternate nests may be removed with this permit. For purposes of this permit, we define an “in-use
nest” as “a bald or golden eagle nest characterized by the presence of one or more eggs, dependent young, or adult
eagles on the nest in the past 10 days during the breeding season. An “alternate nest” is “one of potentially 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.”
4. If an emergency necessitates the removal of a nest with eggs or dependent young, what should the permittee do
about the eggs or young eagles?
Emergency nest-take permits may authorize the take of eggs or young if they are present. Any take of nestlings or
eggs must be conducted by a Service-approved, qualified, agent, and nestlings and viable eggs must be immediately
transported to foster/recipient nests or a rehabilitation facility permitted to care for eagles, as directed by the Service,
unless the Service waives this requirement (if such transport is not feasible).
5. Can a permittee keep an eagle nest taken under this permit?
No. A separate permit is required to possess an eagle nest and it can be issued only to specific types of
organizations. The Bald and Golden Eagle Protection Act (16 U.S.C 668—668d) allows only public museums, public
scientific societies, and public zoological parks to obtain permits to possess eagle nests for scientific or educational
purposes.
6. Are post-activity monitoring and reporting required?
Permittees may be required to monitor the area and report whether eagles attempt to build or occupy another nest at
another site in the vicinity for the duration specified in the permit. Permittees must submit a report to the Regional
Migratory Bird Permit Office within 30 days after the permitted nest removal (except for multiple nest permittees who
must report each nest removal within 10 days after the take and submit an annual report by January 31 of the calendar
year). The report must include all the information required by Service Form 3-202-16.
Form 3-200-72

Rev. 11/2017

7.

Will mitigation measures be required?
You must comply with all avoidance, minimization, or other mitigation measures specified in the terms of your
permit to mitigate for the detrimental effects on eagles, including indirect effects, of the permitted take. Where feasible,
if suitable conditions are present, the permittee may be required to relocate the nest, construct an alternate nest, or
improve conditions at alternate nest sites in the territory. Compensatory mitigation may be appropriate depending on the
biological value of the nest and the circumstances necessitating its removal. In general, little or no compensatory
mitigation will be required for emergency nest-take if the permittee could not foresee or prevent the eagles from nesting.
A permit that covers multiple nest takes may require that the permittee complies with comprehensive measures
developed in coordination with the Service to minimize the need to remove nests and specified as conditions of the
permit.
8.

How long does it take to get a permit to remove an eagle nest?
The time needed by the Service to process a permit application depends on the complexity and scope of the activity
and associated take, whether tribal consultation is warranted, what additional environmental analyses may be required,
and other factors. In general, applicants may expect the following approximate permit processing times from the time we
receive a complete application:
Emergency nest-take
Single Nest Take
Multiple Nest Take

2 to 5 days
60 to 180 days
90 days to 24 months

9.

Do I need additional authorization to take eagles from my state or tribal government?
State, tribal and local governments may have their own regulations protecting eagles and eagle nests. You
are responsible for ensuring that the permitted activity is in compliance with all Federal, tribal, State, and local
laws and regulations applicable to eagles.

10. How do I renew my permit?
In general, single nest take permits issued under these regulations authorize take of a specific nest in an
identifiable time-frame and thus would not typically be considered for renewal. If you wish to renew your
permit, you must submit a renewal application to your Regional Migratory Bird Permit Office at least 30 days
prior to the expiration of your permit and include a copy of your current State permit, if one is required. If we
receive your renewal request at least 30 days prior to the expiration of your permit, your permit will remain
valid beyond the expiration date for the activity authorized on your permit until a decision on your renewal is
made. If we receive your renewal request fewer than 30 days prior to expiration of your permit and we are not
able to process your request before the expiration date, your permit will expire and you will no longer be
authorized to conduct your activity. If you allow your permit to expire before requesting renewal, you may be
required to submit a new application. (See 50 CFR 13.11(c) and 13.22))

Form 3-200-72

Rev. 11/2017

Department of the Interior
U.S. Fish and Wildlife Service
Federal Fish and Wildlife Permit Application Form

OMB Control No. 1018-0022
Expires ##/##/####

Click here for addresses.

Return to: U.S. Fish and Wildlife Service (USFWS)

Type of Activity:

Eagle Nest Take

 New Application
 Requesting Renewal or Amendment of Permit #
Complete Sections A or B, and C, D, and E of this application. U.S. address may be required in Section C, see instructions for details.
See attached instruction pages for information on how to make your application complete and help avoid unnecessary delays.

A.

Complete if applying as an individual

1.a. Last name

1.b. First name

2. Date of birth (mm/dd/yyyy)

3. Occupation

5.a. Telephone number

5.b. Alternate telephone number

B.

1.c. Middle name or initial

1.d. Suffix

4. Affiliation/ Doing business as (see instructions)

5.c. Fax number

5.d. E-mail address

Complete if applying on behalf of a business, corporation, public agency, Tribe, or institution

1.a. Name of business, agency, Tribe, or institution

1.b. Doing business as (dba)

2. Tax identification no.

3. Description of business, agency, or institution

4.a. Principal officer Last name

4.b. Principal officer First name

5. Principal officer title

7.a. Business telephone number

4.c. Principal officer Middle name/ initial

4.d. Suffix

6. Primary contact name

7.b. Alternate telephone number

C.

7.c. Business fax number

7.d. Business e-mail address

All applicants complete address information

1.a. Physical address (Street address; Apartment #, Suite #, or Room #; no P.O. Boxes)

1.b. City

1.c. State

1.d. Zip code/Postal code:

1.e. County/Province

1.f. Country

2.a. Mailing Address (include if different than physical address; include name of contact person if applicable)

2.b. City

2.c. State

D.

2.d. Zip code/Postal code:

2.e. County/Province

2.f. Country

All applicants MUST complete

1.Attach check or money order payable to the U.S. FISH AND WILDLIFE SERVICE in the amount of $500.00 (non-commercial ) or $2,500 (single nest)/$5,000
(multiple nests) (commercial) nonrefundable processing fee if you are applying for a new permit or $150.00 (non-commercial) or $500 (commercial) nonrefundable
processing fee if you are requesting a substantive amendment of your existing valid permit. Federal, Tribal, State, and local government agencies, and those acting
on behalf of such agencies, are exempt from the processing fee – attach documentation of fee exempt status as outlined in instructions. (50 CFR 13.11(d))
2.Do you currently have or have you ever had any Federal Fish and Wildlife permits?
Yes  If yes, list the number of the most current permit you have held or that you are applying to renew/re-issue:

No 

3.Certification: I hereby certify that I have read and am familiar with the regulations contained in Title 50, Part 13 of the Code of Federal Regulations and the other
applicable parts in subchapter B of Chapter I of Title 50, and I certify that the information submitted in this application for a permit is complete and accurate to the best
of my knowledge and belief. I understand that any false statement herein may subject me to the criminal penalties of 18 U.S.C. 1001.

Signature of applicant/person responsible for permit (No photocopied or stamped signatures)

Date of signature (mm/dd/yyyy)

Please continue to next page
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Rev. 11/2017

Page 1 of 6

OMB Control No. 1018-0022

SECTION E. Eagle Nest Take
(Bald and Golden Eagle Protection Act, 50 CFR
22.27)

Expires ##/##/####

Note: A Federal eagle nest take permit authorizes the removal of bald eagle or golden eagle nests for human safety, the safety of
eagles, or the public’s welfare. Permits are available to individuals, agencies, businesses, and other organizations. This permit
does not authorize possession of any eagle or eagle parts including nests or the lethal take of any eagle eggs. Please read “What
You Should Know About a Federal Permit for Eagle Nest Removal” and the regulations at 50 CFR 21.27 before you sign and
submit your application.
Please provide the information requested below on a separate sheet(s) of paper with your responses numbered according to the
application questions. You should be as thorough and specific as possible in your responses. Incomplete applications will be
returned, delayed or abandoned. Processing time depends on the complexity of the request and completeness of the application.
Although you may submit supplemental documents that contain the required information, you must respond to each application
requirement below specifically in a single attachment that includes all and only the information required by the application.
Enumerate each response in accordance with the question numbers below. Please do not send pages that are over 8.5” x 11”
or DVDs.
1.
Provide the name and contact information for any U.S. Fish and Wildlife Service employee(s) who has provided technical
assistance or worked with you on this project.
2.

Describe the situation that necessitates removal of the eagle nest(s), including:
(a) The number of nests proposed to be taken.
(b) Whether the nest is a Bald Eagle or Golden Eagle nest.
(c) Whether the nest is in-use or alternate and how this was determined. (An in-use nest nest may only be taken to alleviate an
immediate safety emergency. A “safety emergency” means “a situation that necessitates immediate action to alleviate a
threat of bodily harm to humans or eagles.” An alternate nest is one that is not currently in use by eagles as determined by
the absence of any adult, egg, or dependent young at the nest during the 10 days before the nest is taken).
(d) When you propose to take the nest.

3.

State whether the nest take is necessary to alleviate a safety emergency.
(a) If it is, provide the following:
(1) Describe the safety emergency and why the situation was not foreseeable.
(2) Explain why removal of the nest is necessary to alleviate it.
(b)

4.

If it is not, provide the following:
(1) An explanation of why removal of the nest(s) is necessary).
(2) A calculation of the bald eagle or golden eagle area nesting population, including an appropriately scaled map or plat
showing the location of each eagle nest used to calculate the area nesting population unless the Service has sufficient
data to independently calculate the area nesting population.
(3) A description of the avoidance, minimization, and mitigation measures you have used to reduce the need to take the
nest, to offset the take, or in some situations (see 50 CFR 22.27(b)(7)) to provide a net benefit to eagles.

In addition, if the nest is built on a human-engineered structure, provide the following:
(a) a detailed description of the structure and how the nest renders the structure inoperable for its intended use.
(b) maps, digital photographs and detailed description of the situation.

5.
Provide a description of the property, including maps and digital photographs that show the location of the nest in relation to
buildings, infrastructure, and human activities.
6.

Provide the location of the property, including city, county and latitude and longitude in decimal degrees.

7.

If the nest will be removed, how will you prevent future nesting on the same structure/in the area?

8.

Provide the length of time for which the permit is requested, including beginning and ending dates.

9.
When an in-use nest must be removed under this permit, any take of nestlings or eggs must be conducted by a Serviceapproved, qualified, and permitted agent, and all nestlings and viable eggs must be immediately transported to foster/recipient nests or
a
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OMB Control No. 1018-0022
Expires ##/##/####

rehabilitation facility permitted to care for eagles, as directed by the Service, unless this requirement is waived. Provide a statement
outlining how the eagle’s nest will be removed, indicating the intended disposition of the nest, and if in-use a description of how the
nestlings or eggs will be removed, including the recipient nest(s) or federally permitted rehabilitation facility that is authorized for the
possession of live eagle(s) or eggs, and/or eagle nest(s).
10. If the nest will be removed or relocated (rather than destroyed in the course of an activity), provide the name, address, phone
number, and e-mail address of the qualified party conducting the removal and/or relocation.
11. You must retain records legibly written or reproducible in English relating to the activities conducted under your permit for
at least 5 years from the date of expiration of the permit. Please provide the address where these records will be kept.
12. You are responsible for ensuring that the permitted activity is in compliance with all Federal, tribal, State, and local laws and
regulations applicable to eagles. Indicate whether you have obtained all required State or Tribal permits or approvals to conduct this
activity.
If you have obtained all required approvals, answer “Yes” and attach a copy of the
approval(s).
If you have applied for any required approvals, answer “Have applied” and send copy when issued.
If no State or Tribal permits or approvals are required, answer “None required.”
13. Disqualification factor. A conviction, or entry of a plea of guilty or nolo contendere, for a felony violation of the Lacey Act,
the Migratory Bird Treaty Act, or the Bald and Golden Eagle Protection Act disqualifies any such person from receiving or
exercising the privileges of a permit, unless such disqualification has been expressly waived by the Service Director in response to a
written petition. (50 CFR 13.21(c))
Have you or any of the owners of the business, if applying as a business, been convicted, or entered a plea of guilty or nolo
contendere, forfeited collateral, or are currently under charges for any violations of the laws mentioned above? Indicate “Yes” or
“No.”(you must provide an answer). If you answered “Yes” provide: a) the individual’s name, b) date of charge, c) charge(s), d)
location of incident, e) court, and f) action taken for each violation. (list all – use additional pages as necessary)

Form 3-200-72

Rev. 11/2017

Page 3 of 6

PERMIT APPLICATION FORM INSTRUCTIONS
The following instructions pertain to an application for a U.S. Fish and Wildlife Service or CITES permit. The General Permit Procedures in ​50
CFR 13​ address the permitting process. For simplicity, all licenses, permits, registrations, and certificates are referred to as a permit.
GENERAL INSTRUCTIONS:
● Complete all blocks/lines/questions in Sections A or B, C, D, and E.
● An incomplete application may cause delays in processing or may be returned to the applicant. Be sure you are filling in
the appropriate application form for the proposed activity.
● Print clearly or type in the information. Illegible applications may cause delays.
● Sign the application. Faxes or copies of the original signature will not be accepted.
● Mail the original application to the address at the top of page one of the application or if applicable on the attached address list.
● Keep a copy of your completed application.
● Please plan ahead. Allow at least 60 days for your application to be processed. Some applications may take longer than 90
days to process. (50 CFR 13.11)
● Applications are processed in the order they are received.
● Additional forms and instructions are available from ​http://permits.fws.gov/​.
COMPLETE ​EITHER ​SECTION A OR SECTION B:

Section A. ​Complete if applying as an individual:
● Enter the complete name of the responsible individual who will be the permittee if a permit is issued. Enter personal information that
identifies the applicant. ​Fax and e-mail are not required if not available.
● If you are applying on behalf of a client, the personal information must pertain to the client, and a document evidencing power
of attorney must be included with the application.
● Affiliation/ Doing business as (dba)​: business, agency, organizational, or institutional affiliation ​directly ​related to the activity
requested in the application (e.g., a taxidermist is an individual whose business can ​directly ​relate to the requested activity). The
Division of Management Authority (DMA) will ​not ​accept ​doing business as ​affiliations for individuals.
Section B. ​Complete if applying as a business, corporation, public agency, Tribe, or institution:
● Enter the complete name of the business, agency, Tribe, or institution that will be the permittee if a permit is issued. Give a
brief description of the type of business the applicant is engaged in. Provide contact phone number(s) of the business.
● Principal Officer ​is the person in charge of the listed business, corporation, public agency, Tribe, or institution. The principal officer is
the person responsible for the application and any permitted activities. Often the principal officer is a Director or President. ​Primary
Contact ​is the person at the business, corporation, public agency, Tribe, or institution who will be available to answer questions about
the application or permitted activities. Often this is the preparer of the application.
ALL APPLICANTS COMPLETE SECTION C:
● For all applications submitted to the Division of Management Authority (DMA) a physical U.S. address is ​required​. Province and
Country blocks are provided for those USFWS programs which use foreign addresses and are not required by DMA.
● Mailing address ​is address where communications from USFWS should be mailed if different than applicant’s physical address.
ALL APPLICANTS COMPLETE SECTION D:
Section D.1 ​Application processing fee:
● An application processing fee is required at the time of application; unless exempted under 50 CFR13.11(d)(3). The application
processing fee is assessed to partially cover the cost of processing a request. ​The fee does not guarantee the issuance of a permit.
Fees will not be refunded for applications that are approved, abandoned, or denied​. We may return fees for withdrawn
applications prior to any significant processing occurring.
● Documentation of fee exempt status is not required for Federal, Tribal, State, or local government agencies; but must be
supplied by those applicants acting on behalf of such agencies​. Those applicants acting on behalf of such agencies must submit a
letter on agency letterhead and signed by the head of the unit of government for which the applicant is acting on behalf, confirming that
the applicant will be carrying out the permitted activity for the agency.
Section D.2 ​Federal Fish and Wildlife permits:
● List the number(s) of your most current FWS or CITES permit or the number of the most recent permit if none are currently valid.
If applying for re-issuance of a CITES permit, the original permit must be returned with this application.
Section D.3 ​CERTIFICATION:
● The individual identified in Section A, the principal officer named in Section B, or person with a valid power of attorney
(documentation must be included in the application) must sign and date the application​. ​This signature binds the applicant to
the statement of certification. This means that you certify that you have read and understand the regulations that apply to the permit.
You also certify that everything included in the application is true to the best of your knowledge. Be sure to read the statement and
re-read the application and your answers before signing.

ALL APPLICANTS COMPLETE SECTION E.
Rev. 112017

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APPLICATION FOR A FEDERAL FISH AND WILDLIFE PERMIT P

NOTICES
PRIVACY ACT STATEMENT
Authority: The information requested is authorized by the following: the Bald and Golden Eagle Protection Act (16 U.S.C. 668), 50 CFR 22; the
Endangered Species Act (16 U.S.C. 1531-1544), 50 CFR 17; the Migratory Bird Treaty Act (16 U.S.C. 703-712), 50 CFR 21; the Wild Bird
Conservation Act (16 U.S.C. 4901-4916), 50 CFR 15; the Lacey Act: Injurious Wildlife (18 U.S.C. 42), 50 CFR 16; Convention on International
Trade in Endangered Species of Wild Fauna and Flora (TIAS 8249), 50 CFR 23; General Provisions, 50 CFR 10; General Permit Procedures, 50
CFR 13; and Wildlife Provisions (Import/export/transport), 50 CFR 14.
Purpose: The collection of contact information is to verify the individual has an eligible permit to conduct activities which affect protected
species. The information the individual provides helps the FWS monitor and report on protected species and assesses the impact of permitted
activities on the conservation and management of species and their habitats.
Routine Uses: The collected information may be used to verify an applicant’s eligibility for a permit to conduct activities with protected
wildlife; to provide the public and the permittees with permit related information; to monitor activities under a permit; to analyze data and
produce reports to monitor the use of protected wildlife; to assess the impact of permitted activities on the conservation and management of
protected species and their habitats; and to evaluate the effectiveness of the permit programs. More information about routine uses can be found
in the System of Records Notice, Permits System, FWS-21.
Disclosure: The information requested in this form is voluntary. However, submission of requested information is required to process
applications for permits authorized under the listed authorities. Failure to provide the requested information may be sufficient cause for the U.S.
Fish & Wildlife Service to deny the request.
PAPERWORK REDUCTION ACT STATEMENT
In accordance with the Paperwork Reduction Act (44 U.S.C. 3501), the U.S. Fish and Wildlife Service collects information necessary to monitor
take and disposition of migratory birds, under the applicable laws governing the requested activity, for which a permit is requested, and to
respond to requests made under the Freedom of Information Act and the Privacy Act of 1974. Information requested in this form is purely
voluntary. However, submission of requested information is required in order to process applications for permits authorized under the above laws.
Failure to provide all requested information may be sufficient cause for the U.S. Fish and Wildlife Service to deny the request. According to the
Paperwork Reduction Act of 1995, an agency 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. OMB has approved this collection of information and assigned Control No. 1018-0022.
ESTIMATED BURDEN STATEMENT
The public reporting burden on the applicant for information collection varies depending on the activity for which a permit is requested. The
relevant burden for this information collection, based on the activity performed, is as follows:
Application - Eagle Nest Take (Single Nest) is 16 hours
Application - Eagle Nest Take (Multiple Nests) is 40 hours
Amendment - Eagle Nest Take (Single Nest) is 20 hours
Amendment - Eagle Nest Take (Multiple Nests) is 70 hours
These burden estimates include time for reviewing instructions, gathering and maintaining data and completing and reviewing the form. Direct
comments regarding the burden estimate or any other aspect of the form to the Service Information Clearance Officer, Fish and Wildlife Service,
U.S. Department of the Interior, 5275 Leesburg Pike, MS: BPHC, Falls Church, VA 22041-3803. Please do not send your completed form to this
address.
FREEDOM OF INFORMATION ACT
For organizations, businesses, or individuals operating as a business (i.e., permittees not covered by the Privacy Act), we request that you identify
any information that should be considered privileged and confidential business information to allow the Service to meet its responsibilities under
FOIA. Confidential business information must be clearly marked "Business Confidential" at the top of the letter or page and each succeeding
page and must be accompanied by a non-confidential summary of the confidential information. The non-confidential summary and remaining
documents may be made available to the public under FOIA [43 CFR 2.26 – 2.33].

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Migratory Bird Regional Permit
Offices
FWS
REGION

Region 1

Region 2

Region 3

Region 4

Region 5

Region 6

AREA OF
RESPONSIBILITY
Hawaii, Idaho, Oregon,
Washington
Arizona, New
Mexico, Oklahoma,
Texas

Iowa, Illinois, Indiana,
Minnesota, Missouri,
Michigan, Ohio,
Wisconsin

Alabama, Arkansas, Florida,
Georgia, Kentucky, Louisiana,
Mississippi, North Carolina,
South Carolina, Tennessee,
Virgin Islands, Puerto Rico
Connecticut, District of
Columbia, Delaware,
Maine, Maryland,
Massachusetts, New
Hampshire, New Jersey,
New York, Pennsylvania,
Rhode Island, Virginia,
Vermont, West Virginia
Colorado, Kansas, Montana,
North Dakota, Nebraska,
South Dakota, Utah,
Wyoming

Region 7

Alaska

Region 8

California, Nevada

MAILING
ADDRESS

CONTACT
INFORMATION

911 N.E. 11th Avenue
Portland, OR 97232-4181

Tel. (503) 872-2715
Email permitsR1MB@fws.gov

P.O. Box 709
Albuquerque, NM 87103

Tel. (505) 248-7882
Email permitsR2MB@fws.gov

5600 American Blvd. West
Suite 990
Bloomington, MN
55437-1458

Tel. (612) 713-5436
Email permitsR3MB@fws.gov

1875 Century Blvd., NE
Atlanta, GA 30345

Tel. (404) 679-7070
Email permitsR4MB@fws.gov

300 Westgate Center Drive
Hadley, MA 01035-0779

Tel. (413) 253-8643
Email permitsR5MB@fws.gov

P.O. Box 25486
DFC(60154)
Denver, CO 80225-0486

Tel. (303) 236-8171
Email permitsR6MB@fws.gov

1011 E. Tudor Road
(MS-201)
Anchorage, AK
99503

Tel. (907) 786-3693
Email permitsR7MB@fws.gov

2800 Cottage Way
Room W-2606
Sacramento, CA 95825

Tel. (916) 978-6183
EmailpermitsR8MB@fws.gov