NATIONAL BALD EAGLE

MANAGEMENT GUIDELINES

U.S. Fish and Wildlife Service

May 2007
 TABLE OF CONTENTS

INTRODUCTION ....................................................................................................................... 1
LEGAL PROTECTIONS FOR THE BALD EAGLE............................................................. 2
The Bald and Golden Eagle Protection Act...........................................................2
The Migratory Bird Treaty Act ................................................................................3
State laws and regulations .....................................................................................3
Where do bald eagles nest? ...................................................................................4
When do bald eagles nest? ....................................................................................5
Chronology of typical reproductive activities of bald eagles in the United
States........................................................................................................................6
How many chicks do bald eagles raise? ...............................................................7
What do bald eagles eat?........................................................................................7
The impact of human activity on nesting bald eagles..........................................7
The impact of human activity on foraging and roosting bald eagles .................8
RECOMMENDATIONS FOR AVOIDING DISTURBANCE AT NEST SITES................. 9
Existing Uses .........................................................................................................10
ACTIVITY-SPECIFIC GUIDELINES..................................................................................... 10
Alternate nests.......................................................................................................11
Temporary Impacts ...............................................................................................11
RECOMMENDATIONS FOR AVOIDING DISTURBANCE AT FORAGING AREAS
AND COMMUNAL ROOST SITES....................................................................................... 14
ADDITIONAL RECOMMENDATIONS TO BENEFIT BALD EAGLES.......................... 15
CONTACTS.............................................................................................................................. 16
GLOSSARY.............................................................................................................................. 17
RELATED LITERATURE....................................................................................................... 19
National Bald Eagle Management Guidelines May 2007

INTRODUCTION

The bald eagle (Haliaeetus leucocephalus) is protected by the Bald and Golden Eagle
Protection Act (Eagle Act) and the Migratory Bird Treaty Act (MBTA). The MBTA and the
Eagle Act protect bald eagles from a variety of harmful actions and impacts. The U.S.
Fish and Wildlife Service (Service) developed these National Bald Eagle Management
Guidelines to advise landowners, land managers, and others who share public and private
lands with bald eagles when and under what circumstances the protective provisions of
the Eagle Act may apply to their activities. A variety of human activities can potentially
interfere with bald eagles, affecting their ability to forage, nest, roost, breed, or raise
young. The Guidelines are intended to help people minimize such impacts to bald eagles,
particularly where they may constitute “disturbance,” which is prohibited by the Eagle Act.

The Guidelines are intended to:

(1) Publicize the provisions of the Eagle Act that continue to protect bald eagles, in
order to reduce the possibility that people will violate the law,

(2) Advise landowners, land managers and the general public of the potential for
various human activities to disturb bald eagles, and

(3) Encourage additional nonbinding land management practices that benefit bald
eagles (see Additional Recommendations section).

While the Guidelines include general recommendations for land management practices
that will benefit bald eagles, the document is intended primarily as a tool for landowners
and planners who seek information and recommendations regarding how to avoid
disturbing bald eagles. Many States and some tribal entities have developed state-
specific management plans, regulations, and/or guidance for landowners and land
managers to protect and enhance bald eagle habitat, and we encourage the continued
development and use of these planning tools to benefit bald eagles.

Adherence to the Guidelines herein will benefit individuals, agencies, organizations, and
companies by helping them avoid violations of the law. However, the Guidelines
themselves are not law. Rather, they are recommendations based on several decades of
behavioral observations, science, and conservation measures to avoid or minimize
adverse impacts to bald eagles.

The U.S. Fish and Wildlife Service strongly encourages adherence to these guidelines to
ensure that bald and golden eagle populations will continue to be sustained. The Service
realizes there may be impacts to some birds even if all reasonable measures are taken to
avoid such impacts. Although it is not possible to absolve individuals and entities from
liability under the Eagle Act or the MBTA, the Service exercises enforcement discretion to
focus on those individuals, companies, or agencies that take migratory birds without
regard for the consequences of their actions and the law, especially when conservation
measures, such as these Guidelines, are available, but have not been implemented. The
Service will prioritize its enforcement efforts to focus on those individuals or entities who
take bald eagles or their parts, eggs, or nests without implementing appropriate measures
recommended by the Guidelines.

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National Bald Eagle Management Guidelines May 2007

The Service intends to pursue the development of regulations that would authorize, under
limited circumstances, the use of permits if “take” of an eagle is anticipated but
unavoidable. Additionally, if the bald eagle is delisted, the Service intends to provide a
regulatory mechanism to honor existing (take) authorizations under the Endangered
Species Act (ESA).

During the interim period until the Service completes a rulemaking for permits under the
Eagle Act, the Service does not intend to refer for prosecution the incidental “take” of any
bald eagle under the MBTA or Eagle Act, if such take is in full compliance with the terms
and conditions of an incidental take statement issued to the action agency or applicant
under the authority of section 7(b)(4) of the ESA or a permit issued under the authority of
section 10(a)(1)(B) of the ESA.

The Guidelines are applicable throughout the United States, including Alaska. The
primary purpose of these Guidelines is to provide information that will minimize or prevent
violations only of Federal laws governing bald eagles. In addition to Federal laws, many
states and some smaller jurisdictions and tribes have additional laws and regulations
protecting bald eagles. In some cases those laws and regulations may be more protective
(restrictive) than these Federal guidelines. If you are planning activities that may affect
bald eagles, we therefore recommend that you contact both your nearest U.S. Fish and
Wildlife Service Field Office (see the contact information on p.16) and your state wildlife
agency for assistance.

LEGAL PROTECTIONS FOR THE BALD EAGLE

The Bald and Golden Eagle Protection Act

The Eagle Act (16 U.S.C. 668-668c), enacted in 1940, and amended several times since
then, prohibits anyone, without a permit issued by the Secretary of the Interior, from
“taking” bald eagles, including their parts, nests, or eggs. The Act provides criminal and
civil penalties for persons who “take, possess, sell, purchase, barter, offer to sell,
purchase or barter, transport, export or import, at any time or any manner, any bald eagle
... [or any golden eagle], alive or dead, or any part, nest, or egg thereof.” The Act defines
“take” as “pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest or
disturb.” “Disturb’’ means:

"Disturb means to agitate or bother a bald or golden eagle to a degree that

causes, or is likely to cause, based on the best scientific information available,
1) injury to an eagle, 2) a decrease in its productivity, by substantially interfering
with normal breeding, feeding, or sheltering behavior, or 3) nest abandonment,
by substantially interfering with normal breeding, feeding, or sheltering behavior."

In addition to immediate impacts, this definition also covers impacts that result from
human-induced alterations initiated around a previously used nest site during a time when
eagles are not present, if, upon the eagle=s return, such alterations agitate or bother an
eagle to a degree that injures an eagle or substantially interferes with normal breeding,
feeding, or sheltering habits and causes, or is likely to cause, a loss of productivity or nest
abandonment.

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A violation of the Act can result in a criminal fine of $100,000 ($200,000 for organizations),
imprisonment for one year, or both, for a first offense. Penalties increase substantially for
additional offenses, and a second violation of this Act is a felony.

The Migratory Bird Treaty Act

The MBTA (16 U.S.C. 703-712), prohibits the taking of any migratory bird or any part,
nest, or egg, except as permitted by regulation. The MBTA was enacted in 1918; a 1972
agreement supplementing one of the bilateral treaties underlying the MBTA had the effect
of expanding the scope of the Act to cover bald eagles and other raptors. Implementing
regulations define “take” under the MBTA as “pursue, hunt, shoot, wound, kill, trap,
capture, possess, or collect.”

Copies of the Eagle Act and the MBTA are available at: http://permits.fws.gov/ltr/ltr.shtml.

State laws and regulations

Most states have their own regulations and/or guidelines for bald eagle management.
Some states may continue to list the bald eagle as endangered, threatened, or of special
concern. If you plan activities that may affect bald eagles, we urge you to familiarize
yourself with the regulations and/or guidelines that apply to bald eagles in your state.
Your adherence to the Guidelines herein does not ensure that you are in compliance with
state laws and regulations because state regulations can be more specific and/or
restrictive than these Guidelines.

NATURAL HISTORY OF THE BALD EAGLE

Bald eagles are a North American species that historically occurred throughout the
contiguous United States and Alaska. After severely declining in the lower 48 States
between the 1870s and the 1970s, bald eagles have rebounded and re-established
breeding territories in each of the lower 48 states. The largest North American breeding
populations are in Alaska and Canada, but there are also significant bald eagle
populations in Florida, the Pacific Northwest, the Greater Yellowstone area, the Great
Lakes states, and the Chesapeake Bay region. Bald eagle distribution varies seasonally.
Bald eagles that nest in southern latitudes frequently move northward in late spring and
early summer, often summering as far north as Canada. Most eagles that breed at
northern latitudes migrate southward during winter, or to coastal areas where waters
remain unfrozen. Migrants frequently concentrate in large numbers at sites where food is
abundant and they often roost together communally. In some cases, concentration areas
are used year-round: in summer by southern eagles and in winter by northern eagles.

Juvenile bald eagles have mottled brown and white plumage, gradually acquiring their
dark brown body and distinctive white head and tail as they mature. Bald eagles generally
attain adult plumage by 5 years of age. Most are capable of breeding at 4 or 5 years of
age, but in healthy populations they may not start breeding until much older. Bald eagles
may live 15 to 25 years in the wild. Adults weigh 8 to 14 pounds (occasionally reaching
16 pounds in Alaska) and have wingspans of 5 to 8 feet. Those in the northern range are
larger than those in the south, and females are larger than males.

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Where do bald eagles nest?

Breeding bald eagles occupy “territories,” areas they will typically defend against intrusion
by other eagles. In addition to the active nest, a territory may include one or more
alternate nests (nests built or maintained by the eagles but not used for nesting in a given
year). The Eagle Act prohibits removal or destruction of both active and alternate bald
eagle nests. Bald eagles exhibit high nest site fidelity and nesting territories are often
used year after year. Some territories are known to have been used continually for over
half a century.

Bald eagles generally nest near coastlines, rivers, large lakes or streams that support an
adequate food supply. They often nest in mature or old-growth trees; snags (dead trees);
cliffs; rock promontories; rarely on the ground; and with increasing frequency on human-
made structures such as power poles and communication towers. In forested areas, bald
eagles often select the tallest trees with limbs strong enough to support a nest that can
weigh more than 1,000 pounds. Nest sites typically include at least one perch with a clear
view of the water where the eagles usually forage. Shoreline trees or snags located in
reservoirs provide the visibility and accessibility needed to locate aquatic prey. Eagle
nests are constructed with large sticks, and may be lined with moss, grass, plant stalks,
lichens, seaweed, or sod. Nests are usually about 4-6 feet in diameter and 3 feet deep,
although larger nests exist.

Copyright Birds of North America, 2000

The range of breeding bald eagles in 2000 (shaded areas). This map shows only the larger
concentrations of nests; eagles have continued to expand into additional nesting territories in many
states. The dotted line represents the bald eagle’s wintering range.

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When do bald eagles nest?

Nesting activity begins several months before egg-laying. Egg-laying dates vary
throughout the U.S., ranging from October in Florida, to late April or even early May in the
northern United States. Incubation typically lasts 33-35 days, but can be as long as 40
days. Eaglets make their first unsteady flights about 10 to 12 weeks after hatching, and
fledge (leave their nests) within a few days after that first flight. However, young birds
usually remain in the vicinity of the nest for several weeks after fledging because they are
almost completely dependent on their parents for food until they disperse from the nesting
territory approximately 6 weeks later.

The bald eagle breeding season tends to be longer in the southern U.S., and re-nesting
following an unsuccessful first nesting attempt is more common there as well. The
following table shows the timing of bald eagle breeding seasons in different regions of the
country. The table represents the range of time within which the majority of nesting
activities occur in each region and does not apply to any specific nesting pair. Because
the timing of nesting activities may vary within a given region, you should contact the
nearest U.S. Fish and Wildlife Service Field Office (see page 16) and/or your state wildlife
conservation agency for more specific information on nesting chronology in your area.

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Chronology of typical reproductive activities of bald eagles in the United States.

Sept. Oct. Nov. Dec. Jan. Feb. March April May June July Aug.

SOUTHEASTERN U.S. (FL, GA, SC, NC, AL, MS, LA, TN, KY, AR, eastern 2 of TX)

Nest Building ⎟ ⎟ ⎟ ⎟ ⎟ ⎟ ⎟ ⎟ ⎟ ⎟ ⎟ ⎟ ⎟ ⎟ ⎟ ⎟

Egg Laying/Incubation ⎟ ⎟ ⎟ ⎟ ⎟ ⎟ ⎟ ⎟ ⎟ ⎟ ⎟ ⎟ ⎟ ⎟ ⎟ ⎟

Hatching/Rearing Young ⎟ ⎟ ⎟ ⎟ ⎟ ⎟ ⎟ ⎟ ⎟ ⎟ ⎟ ⎟ ⎟

Fledging Young ⎟ ⎟ ⎟ ⎟ ⎟ ⎟ ⎟ ⎟

CHESAPEAKE BAY REGION (NC, VA, MD, DE, southern 2 of NJ, eastern 2 of PA, panhandle of WV)

Nest Building ⎟ ⎟

Egg Laying/Incubation ⎟ ⎟ ⎟ ⎟ ⎟ ⎟

Hatching/Rearing Young ⎟ ⎟ ⎟ ⎟ ⎟

Fledging Young

NORTHERN U.S. (ME, NH, MA, RI, CT, NY, northern 2 of NJ, western 2 of PA, OH, WV exc. panhandle, IN, IL,
MI, WI, MN, IA, MO, ND, SD, NB, KS, CO, UT)

Nest Building ⎟ ⎟

Egg Laying/Incubation ⎟ ⎟

Hatching/Rearing Young ⎟ ⎟

Fledging Young ⎟ ⎟ ⎟ ⎟

PACIFIC REGION (WA, OR, CA, ID, MT, WY, NV)

Nest Building ⎟ ⎟

Egg Laying/Incubation ⎟ ⎟

Hatching/Rearing Young ⎟ ⎟

Fledging Young ⎟ ⎟ ⎟ ⎟

SOUTHWESTERN U.S. (AZ, NM, OK panhandle, western 2 of TX)

Nest Building ⎟ ⎟⎟ ⎟⎟ ⎟

Egg Laying/Incubation ⎟ ⎟ ⎟ ⎟⎟
⎟⎟
Hatching/Rearing Young ⎟ ⎟ ⎟
⎟⎟ ⎟⎟ ⎟ ⎟
Fledging Young ⎟

ALASKA

Nest Building ⎟ ⎟⎟ ⎟⎟ ⎟ ⎟

Egg Laying/Incubation

⎟ Hatching/Rearing Young ⎟ ⎟ ⎟ ⎟⎟

Ing Young Fledg-

Sept. Oct. Nov. Dec. Jan. Feb. March April May June July Aug.

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How many chicks do bald eagles raise?

The number of eagle eggs laid will vary from 1-3, with 1-2 eggs being the most common.
Only one eagle egg is laid per day, although not always on successive days. Hatching of
young occurs on different days with the result that chicks in the same nest are sometimes
of unequal size. The overall national fledging rate is approximately one chick per nest,
annually, which results in a healthy expanding population.

What do bald eagles eat?

Bald eagles are opportunistic feeders. Fish comprise much of their diet, but they also eat
waterfowl, shorebirds/colonial waterbirds, small mammals, turtles, and carrion. Because
they are visual hunters, eagles typically locate their prey from a conspicuous perch, or
soaring flight, then swoop down and strike. Wintering bald eagles often congregate in
large numbers along streams to feed on spawning salmon or other fish species, and often
gather in large numbers in areas below reservoirs, especially hydropower dams, where
fish are abundant. Wintering eagles also take birds from rafts of ducks at reservoirs and
rivers, and congregate on melting ice shelves to scavenge dead fish from the current or
the soft melting ice. Bald eagles will also feed on carcasses along roads, in landfills, and
at feedlots.

During the breeding season, adults carry prey to the nest to feed the young. Adults feed
their chicks by tearing off pieces of food and holding them to the beaks of the eaglets.
After fledging, immature eagles are slow to develop hunting skills, and must learn to
locate reliable food sources and master feeding techniques. Young eagles will
congregate together, often feeding upon easily acquired food such as carrion and fish
found in abundance at the mouths of streams and shallow bays and at landfills.

The impact of human activity on nesting bald eagles

During the breeding season, bald eagles are sensitive to a variety of human activities.
However, not all bald eagle pairs react to human activities in the same way. Some pairs
nest successfully just dozens of yards from human activity, while others abandon nest
sites in response to activities much farther away. This variability may be related to a
number of factors, including visibility, duration, noise levels, extent of the area affected by
the activity, prior experiences with humans, and tolerance of the individual nesting pair.
The relative sensitivity of bald eagles during various stages of the breeding season is
outlined in the following table.

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Nesting Bald Eagle Sensitivity to Human Activities

Sensitivity to
Phase Activity Human Activity Comments

Most sensitive Most critical time period. Disturbance is manifested in nest

Courtship and
I period; likely to abandonment. Bald eagles in newly established territories are
Nest Building
respond negatively more prone to abandon nest sites.

Human activity of even limited duration may cause nest

Very sensitive
II Egg laying desertion and abandonment of territory for the breeding
period
season.

Incubation and Adults are less likely to abandon the nest near and after
early nestling Very sensitive hatching. However, flushed adults leave eggs and young
III
period (up to 4 period unattended; eggs are susceptible to cooling, loss of moisture,
weeks) overheating, and predation; young are vulnerable to elements.

Nestling Likelihood of nest abandonment and vulnerability of the

IV Moderately
period, 4 to 8 nestlings to elements somewhat decreases. However,
sensitive period
weeks nestlings may miss feedings, affecting their survival.

Nestlings 8
V Very sensitive Gaining flight capability, nestlings 8 weeks and older may flush
weeks through
period from the nest prematurely due to disruption and die.
fledging

If agitated by human activities, eagles may inadequately construct or repair their nest,
may expend energy defending the nest rather than tending to their young, or may
abandon the nest altogether. Activities that cause prolonged absences of adults from
their nests can jeopardize eggs or young. Depending on weather conditions, eggs may
overheat or cool too much and fail to hatch. Unattended eggs and nestlings are subject to
predation. Young nestlings are particularly vulnerable because they rely on their parents
to provide warmth or shade, without which they may die as a result of hypothermia or heat
stress. If food delivery schedules are interrupted, the young may not develop healthy
plumage, which can affect their survival. In addition, adults startled while incubating or
brooding young may damage eggs or injure their young as they abruptly leave the nest.
Older nestlings no longer require constant attention from the adults, but they may be
startled by loud or intrusive human activities and prematurely jump from the nest before
they are able to fly or care for themselves. Once fledged, juveniles range up to ¼ mile
from the nest site, often to a site with minimal human activity. During this period, until
about six weeks after departure from the nest, the juveniles still depend on the adults to
feed them.

The impact of human activity on foraging and roosting bald eagles

Disruption, destruction, or obstruction of roosting and foraging areas can also negatively
affect bald eagles. Disruptive activities in or near eagle foraging areas can interfere with
feeding, reducing chances of survival. Interference with feeding can also result in reduced
productivity (number of young successfully fledged). Migrating and wintering bald eagles
often congregate at specific sites for purposes of feeding and sheltering. Bald eagles rely
on established roost sites because of their proximity to sufficient food sources. Roost
sites are usually in mature trees where the eagles are somewhat sheltered from the wind
and weather. Human activities near or within communal roost sites may prevent eagles
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from feeding or taking shelter, especially if there are not other undisturbed and productive
feeding and roosting sites available. Activities that permanently alter communal roost
sites and important foraging areas can altogether eliminate the elements that are essential
for feeding and sheltering eagles.

Where a human activity agitates or bothers roosting or foraging bald eagles to the degree
that causes injury or substantially interferes with breeding, feeding, or sheltering behavior
and causes, or is likely to cause, a loss of productivity or nest abandonment, the conduct
of the activity constitutes a violation of the Eagle Act’s prohibition against disturbing
eagles. The circumstances that might result in such an outcome are difficult to predict
without detailed site-specific information. If your activities may disturb roosting or foraging
bald eagles, you should contact your local Fish and Wildlife Service Field Office (see page
16) for advice and recommendations for how to avoid such disturbance.

RECOMMENDATIONS FOR AVOIDING DISTURBANCE AT NEST SITES

In developing these Guidelines, we relied on existing state and regional bald eagle
guidelines, scientific literature on bald eagle disturbance, and recommendations of state
and Federal biologists who monitor the impacts of human activity on eagles. Despite
these resources, uncertainties remain regarding the effects of many activities on eagles
and how eagles in different situations may or may not respond to certain human activities.
The Service recognizes this uncertainty and views the collection of better biological data
on the response of eagles to disturbance as a high priority. To the extent that resources
allow, the Service will continue to collect data on responses of bald eagles to human
activities conducted according to the recommendations within these Guidelines to ensure
that adequate protection from disturbance is being afforded, and to identify circumstances
where the Guidelines might be modified. These data will be used to make future
adjustments to the Guidelines.

To avoid disturbing nesting bald eagles, we recommend (1) keeping a distance between
the activity and the nest (distance buffers), (2) maintaining preferably forested (or natural)
areas between the activity and around nest trees (landscape buffers), and (3) avoiding
certain activities during the breeding season. The buffer areas serve to minimize visual
and auditory impacts associated with human activities near nest sites. Ideally, buffers
would be large enough to protect existing nest trees and provide for alternative or
replacement nest trees.

The size and shape of effective buffers vary depending on the topography and other
ecological characteristics surrounding the nest site. In open areas where there are little or
no forested or topographical buffers, such as in many western states, distance alone must
serve as the buffer. Consequently, in open areas, the distance between the activity and
the nest may need to be larger than the distances recommended under Categories A and
B of these guidelines (pg. 12) if no landscape buffers are present. The height of the nest
above the ground may also ameliorate effects of human activities; eagles at higher nests
may be less prone to disturbance.

In addition to the physical features of the landscape and nest site, the appropriate size for
the distance buffer may vary according to the historical tolerances of eagles to human
activities in particular localities, and may also depend on the location of the nest in relation
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to feeding and roosting areas used by the eagles. Increased competition for nest sites
may lead bald eagles to nest closer to human activity (and other eagles).

Seasonal restrictions can prevent the potential impacts of many shorter-term, obtrusive
activities that do not entail landscape alterations (e.g. fireworks, outdoor concerts). In
proximity to the nest, these kinds of activities should be conducted only outside the
breeding season. For activities that entail both short-term, obtrusive characteristics and
more permanent impacts (e.g., building construction), we recommend a combination of
both approaches: retaining a landscape buffer and observing seasonal restrictions.

For assistance in determining the appropriate size and configuration of buffers or the
timing of activities in the vicinity of a bald eagle nest, we encourage you to contact the
nearest U.S. Fish and Wildlife Service Field Office (see page 16).

Existing Uses
Eagles are unlikely to be disturbed by routine use of roads, homes, and other facilities
where such use pre-dates the eagles’ successful nesting activity in a given area.
Therefore, in most cases ongoing existing uses may proceed with the same intensity with
little risk of disturbing bald eagles. However, some intermittent, occasional, or irregular
uses that pre-date eagle nesting in an area may disturb bald eagles. For example: a pair
of eagles may begin nesting in an area and subsequently be disturbed by activities
associated with an annual outdoor flea market, even though the flea market has been held
annually at the same location. In such situations, human activity should be adjusted or
relocated to minimize potential impacts on the nesting pair.

ACTIVITY-SPECIFIC GUIDELINES

The following section provides the Service=s management recommendations for avoiding
bald eagle disturbance as a result of new or intermittent activities proposed in the vicinity
of bald eagle nests. Activities are separated into 8 categories (A – H) based on the nature
and magnitude of impacts to bald eagles that usually result from the type of activity.
Activities with similar or comparable impacts are grouped together.

In most cases, impacts will vary based on the visibility of the activity from the eagle nest
and the degree to which similar activities are already occurring in proximity to the nest
site. Visibility is a factor because, in general, eagles are more prone to disturbance when
an activity occurs in full view. For this reason, we recommend that people locate activities
farther from the nest structure in areas with open vistas, in contrast to areas where the
view is shielded by rolling topography, trees, or other screening factors. The
recommendations also take into account the existence of similar activities in the area
because the continued presence of nesting bald eagles in the vicinity of the existing
activities indicates that the eagles in that area can tolerate a greater degree of human
activity than we can generally expect from eagles in areas that experience fewer human
impacts. To illustrate how these factors affect the likelihood of disturbing eagles, we have
incorporated the recommendations for some activities into a table (categories A and B).

First, determine which category your activity falls into (between categories A – H). If the
activity you plan to undertake is not specifically addressed in these guidelines, follow the
recommendations for the most similar activity represented.

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If your activity is under A or B, our recommendations are in table form. The vertical axis
shows the degree of visibility of the activity from the nest. The horizontal axis (header
row) represents the degree to which similar activities are ongoing in the vicinity of the
nest. Locate the row that best describes how visible your activity will be from the eagle
nest. Then, choose the column that best describes the degree to which similar activities
are ongoing in the vicinity of the eagle nest. The box where the column and row come
together contains our management recommendations for how far you should locate your
activity from the nest to avoid disturbing the eagles. The numerical distances shown in
the tables are the closest the activity should be conducted relative to the nest. In some
cases we have included additional recommendations (other than recommended distance
from the nest) you should follow to help ensure that your activity will not disturb the
eagles.

Alternate nests
For activities that entail permanent landscape alterations that may result in bald eagle
disturbance, these recommendations apply to both active and alternate bald eagle nests.
Disturbance becomes an issue with regard to alternate nests if eagles return for breeding
purposes and react to land use changes that occurred while the nest was inactive. The
likelihood that an alternate nest will again become active decreases the longer it goes
unused. If you plan activities in the vicinity of an alternate bald eagle nest and have
information to show that the nest has not been active during the preceding 5 breeding
seasons, the recommendations provided in these guidelines for avoiding disturbance
around the nest site may no longer be warranted. The nest itself remains protected by
other provisions of the Eagle Act, however, and may not be destroyed.

If special circumstances exist that make it unlikely an inactive nest will be reused before 5
years of disuse have passed, and you believe that the probability of reuse is low enough
to warrant disregarding the recommendations for avoiding disturbance, you should be
prepared to provide all the reasons for your conclusion, including information regarding
past use of the nest site. Without sufficient documentation, you should continue to follow
these guidelines when conducting activities around the nest site. If we are able to
determine that it is unlikely the nest will be reused, we may advise you that the
recommendations provided in these guidelines for avoiding disturbance are no longer
necessary around that nest site.

This guidance is intended to minimize disturbance, as defined by Federal regulation. In

addition to Federal laws, most states and some tribes and smaller jurisdictions have
additional laws and regulations protecting bald eagles. In some cases those laws and
regulations may be more protective (restrictive) than these Federal guidelines.

Temporary Impacts
For activities that have temporary impacts, such as the use of loud machinery, fireworks
displays, or summer boating activities, we recommend seasonal restrictions. These types
of activities can generally be carried out outside of the breeding season without causing
disturbance. The recommended restrictions for these types of activities can be lifted for
alternate nests within a particular territory, including nests that were attended during the
current breeding season but not used to raise young, after eggs laid in another nest within
the territory have hatched (depending on the distance between the alternate nest and the
active nest).

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In general, activities should be kept as far away from nest trees as possible; loud and
disruptive activities should be conducted when eagles are not nesting; and activity
between the nest and the nearest foraging area should be minimized. If the activity you
plan to undertake is not specifically addressed in these guidelines, follow the
recommendations for the most similar activity addressed, or contact your local U.S. Fish
and Wildlife Service Field Office for additional guidance.

If you believe that special circumstances apply to your situation that increase or diminish
the likelihood of bald eagle disturbance, or if it is not possible to adhere to the guidelines,
you should contact your local Service Field Office for further guidance.

Category A:
Building construction, 1 or 2 story, with project footprint of ½ acre or less.
Construction of roads, trails, canals, power lines, and other linear utilities.
Agriculture and aquaculture – new or expanded operations.
Alteration of shorelines or wetlands.
Installation of docks or moorings.
Water impoundment.

Category B:
Building construction, 3 or more stories.
Building construction, 1 or 2 story, with project footprint of more than ½ acre.
Installation or expansion of marinas with a capacity of 6 or more boats.
Mining and associated activities.
Oil and natural gas drilling and refining and associated activities.

If there is no similar activity If there is similar activity closer

within 1 mile of the nest than 1 mile from the nest

If the activity 660 feet, or as close as existing

660 feet. Landscape buffers are
will be visible tolerated activity of similar scope.
recommended.
from the nest Landscape buffers are
recommended.

Category A:
330 feet. Clearing, external
construction, and landscaping
330 feet, or as close as existing
If the activity between 330 feet and 660 feet
tolerated activity of similar scope.
will not be should be done outside breeding
Clearing, external construction and
visible from the season.
landscaping within 660 feet should
nest
be done outside breeding season.
Category B:
660 feet.

The numerical distances shown in the table are the closest the activity should be conducted relative to
the nest.

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National Bald Eagle Management Guidelines May 2007

Category C. Timber Operations and Forestry Practices

• Avoid clear cutting or removal of overstory trees within 330 feet of the nest at any
time.

• Avoid timber harvesting operations, including road construction and chain saw and
yarding operations, during the breeding season within 660 feet of the nest. The
distance may be decreased to 330 feet around alternate nests within a particular
territory, including nests that were attended during the current breeding season but
not used to raise young, after eggs laid in another nest within the territory have
hatched.

• Selective thinning and other silviculture management practices designed to

conserve or enhance habitat, including prescribed burning close to the nest tree,
should be undertaken outside the breeding season. Precautions such as raking
leaves and woody debris from around the nest tree should be taken to prevent
crown fire or fire climbing the nest tree. If it is determined that a burn during the
breeding season would be beneficial, then, to ensure that no take or disturbance
will occur, these activities should be conducted only when neither adult eagles nor
young are present at the nest tree (i.e., at the beginning of, or end of, the breeding
season, either before the particular nest is active or after the young have fledged
from that nest). Appropriate Federal and state biologists should be consulted
before any prescribed burning is conducted during the breeding season.

• Avoid construction of log transfer facilities and in-water log storage areas within
330 feet of the nest.

Category D. Off-road vehicle use (including snowmobiles). No buffer is necessary

around nest sites outside the breeding season. During the breeding season, do not
operate off-road vehicles within 330 feet of the nest. In open areas, where there is
increased visibility and exposure to noise, this distance should be extended to 660 feet.

Category E. Motorized Watercraft use (including jet skis/personal watercraft). No

buffer is necessary around nest sites outside the breeding season. During the breeding
season, within 330 feet of the nest, (1) do not operate jet skis (personal watercraft), and
(2) avoid concentrations of noisy vessels (e.g., commercial fishing boats and tour boats),
except where eagles have demonstrated tolerance for such activity. Other motorized boat
traffic passing within 330 feet of the nest should attempt to minimize trips and avoid
stopping in the area where feasible, particularly where eagles are unaccustomed to boat
traffic. Buffers for airboats should be larger than 330 feet due to the increased noise they
generate, combined with their speed, maneuverability, and visibility.

Category F. Non-motorized recreation and human entry (e.g., hiking, camping,

fishing, hunting, birdwatching, kayaking, canoeing). No buffer is necessary around nest
sites outside the breeding season. If the activity will be visible or highly audible from the
nest, maintain a 330-foot buffer during the breeding season, particularly where eagles are
unaccustomed to such activity.
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National Bald Eagle Management Guidelines May 2007

Category G. Helicopters and fixed-wing aircraft.

Except for authorized biologists trained in survey techniques, avoid operating aircraft
within 1,000 feet of the nest during the breeding season, except where eagles have
demonstrated tolerance for such activity.

Category H. Blasting and other loud, intermittent noises.

Avoid blasting and other activities that produce extremely loud noises within 1/2 mile of
active nests, unless greater tolerance to the activity (or similar activity) has been
demonstrated by the eagles in the nesting area. This recommendation applies to the use
of fireworks classified by the Federal Department of Transportation as Class B explosives,
which includes the larger fireworks that are intended for licensed public display.

RECOMMENDATIONS FOR AVOIDING DISTURBANCE AT FORAGING AREAS AND

COMMUNAL ROOST SITES

1. Minimize potentially disruptive activities and development in the eagles’ direct

flight path between their nest and roost sites and important foraging areas.

2. Locate long-term and permanent water-dependent facilities, such as boat

ramps and marinas, away from important eagle foraging areas.

3. Avoid recreational and commercial boating and fishing near critical eagle
foraging areas during peak feeding times (usually early to mid-morning and
late afternoon), except where eagles have demonstrated tolerance to such
activity.

4. Do not use explosives within ½ mile (or within 1 mile in open areas) of
communal roosts when eagles are congregating, without prior coordination
with the U.S. Fish and Wildlife Service and your state wildlife agency.

5. Locate aircraft corridors no closer than 1,000 feet vertical or horizontal distance
from communal roost sites.

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National Bald Eagle Management Guidelines May 2007

ADDITIONAL RECOMMENDATIONS TO BENEFIT BALD EAGLES

The following are additional management practices that landowners and planners can
exercise for added benefit to bald eagles.

1. Protect and preserve potential roost and nest sites by retaining mature trees and old
growth stands, particularly within ½ mile from water.

2. Where nests are blown from trees during storms or are otherwise destroyed by the
elements, continue to protect the site in the absence of the nest for up to three (3)
complete breeding seasons. Many eagles will rebuild the nest and reoccupy the site.

3. To avoid collisions, site wind turbines, communication towers, and high voltage
transmission power lines away from nests, foraging areas, and communal roost sites.

4. Employ industry-accepted best management practices to prevent birds from colliding

with or being electrocuted by utility lines, towers, and poles. If possible, bury utility
lines in important eagle areas.

5. Where bald eagles are likely to nest in human-made structures (e.g., cell phone
towers) and such use could impede operation or maintenance of the structures or
jeopardize the safety of the eagles, equip the structures with either (1) devices
engineered to discourage bald eagles from building nests, or (2) nesting platforms that
will safely accommodate bald eagle nests without interfering with structure
performance.

6. Immediately cover carcasses of euthanized animals at landfills to protect eagles from

being poisoned.

7. Do not intentionally feed bald eagles. Artificially feeding bald eagles can disrupt their
essential behavioral patterns and put them at increased risk from power lines, collision
with windows and cars, and other mortality factors.

8. Use pesticides, herbicides, fertilizers, and other chemicals only in accordance with
Federal and state laws.

9. Monitor and minimize dispersal of contaminants associated with hazardous waste

sites (legal or illegal), permitted releases, and runoff from agricultural areas, especially
within watersheds where eagles have shown poor reproduction or where
bioaccumulating contaminants have been documented. These factors present a risk
of contamination to eagles and their food sources.

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 National Bald Eagle Management Guidelines May 2007

CONTACTS

The following U.S. Fish and Wildlife Service Field Offices provide technical assistance on bald
eagle management:

Alabama Daphne (251) 441-5181 New Hampshire Concord (603) 223-2541

Alaska Anchorage (907) 271-2888 New Jersey Pleasantville (609) 646-9310
Fairbanks (907) 456-0203 New Mexico Albuquerque (505) 346-2525
Juneau (907) 780-1160 New York Cortland (607) 753-9334
Arizona Phoenix (602) 242-0210 Long Island (631) 776-1401
Arkansas Conway (501) 513-4470 North Carolina Raleigh (919) 856-4520
California Arcata (707) 822-7201 Asheville (828) 258-3939
Barstow (760) 255-8852 North Dakota Bismarck (701) 250-4481
Carlsbad (760) 431-9440 Ohio Reynoldsburg (614) 469-6923
Red Bluff (530) 527-3043 Oklahoma Tulsa (918) 581-7458
Sacramento (916) 414-6000 Oregon Bend (541) 383-7146
Stockton (209) 946-6400 Klamath Falls (541) 885-8481
Ventura (805) 644-1766 La Grande (541) 962-8584
Yreka (530) 842-5763 Newport (541) 867-4558
Colorado Lakewood (303) 275-2370 Portland (503) 231-6179
Grand Junction (970) 243-2778 Roseburg (541) 957-3474
Connecticut (See New Hampshire) Pennsylvania State College (814) 234-4090
Delaware (See Maryland) Rhode Island (See New Hampshire)
Florida Panama City (850) 769-0552 South Carolina Charleston (843) 727-4707
Vero Beach (772) 562-3909 South Dakota Pierre (605) 224-8693
Jacksonville (904) 232-2580 Tennessee Cookeville (931) 528-6481
Georgia Athens (706) 613-9493 Texas Clear Lake (281) 286-8282
Brunswick (912) 265-9336 Utah West Valley City (801) 975-3330
Columbus (706) 544-6428 Vermont (See New Hampshire)
Idaho Boise (208) 378-5243 Virginia Gloucester (804) 693-6694
Chubbuck (208) 237-6975 Washington Lacey (306) 753-9440
Illinois/Iowa Rock Island (309) 757-5800 Spokane (509) 891-6839
Indiana Bloomington (812) 334-4261 Wenatchee (509) 665-3508
Kansas Manhattan (785) 539-3474 West Virginia Elkins (304) 636-6586
Kentucky Frankfort (502) 695-0468 Wisconsin New Franken (920) 866-1725
Louisiana Lafayette (337) 291-3100 Wyoming Cheyenne (307) 772-2374
Maine Old Town (207) 827-5938 Cody (307) 578-5939
Maryland Annapolis (410) 573-4573
Massachusetts (See New Hampshire)
Michigan East Lansing (517) 351-2555 National Office
Minnesota Bloomington (612) 725-3548 U.S. Fish and Wildlife Service
Division of Migratory Bird Management
Mississippi Jackson (601) 965-4900
4401 North Fairfax Drive, MBSP-4107
Missouri Columbia (573) 234-2132 Arlington, VA 22203-1610
Montana Helena (405) 449-5225 (703) 358-1714
Nebraska Grand Island (308) 382-6468 http://www.fws.gov/migratorybirds
Nevada Las Vegas (702) 515-5230
Reno (775) 861-6300

State Agencies

To contact a state wildlife agency, visit the Association of Fish & Wildlife Agencies’ website at
http://www.fishwildlife.org/where_us.html
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National Bald Eagle Management Guidelines May 2007

GLOSSARY

The definitions below apply to these National Bald Eagle Management Guidelines:

Communal roost sites – Areas where bald eagles gather and perch overnight – and
sometimes during the day in the event of inclement weather. Communal roost sites are
usually in large trees (live or dead) that are relatively sheltered from wind and are generally
in close proximity to foraging areas. These roosts may also serve a social purpose for pair
bond formation and communication among eagles. Many roost sites are used year after
year.

Disturb – To agitate or bother a bald or golden eagle to a degree that causes, or is likely to
cause, based on the best scientific information available, 1) injury to an eagle, 2) a decrease
in its productivity, by substantially interfering with normal breeding, feeding, or sheltering
behavior, or 3) nest abandonment, by substantially interfering with normal breeding, feeding,
or sheltering behavior.

In addition to immediate impacts, this definition also covers impacts that result from human-
caused alterations initiated around a previously used nest site during a time when eagles are
not present, if, upon the eagle=s return, such alterations agitate or bother an eagle to a
degree that injures an eagle or substantially interferes with normal breeding, feeding, or
sheltering habits and causes, or is likely to cause, a loss of productivity or nest
abandonment.

Fledge – To leave the nest and begin flying. For bald eagles, this normally occurs at 10-12
weeks of age.

Fledgling – A juvenile bald eagle that has taken the first flight from the nest but is not yet
independent.

Foraging area – An area where eagles feed, typically near open water such as rivers, lakes,
reservoirs, and bays where fish and waterfowl are abundant, or in areas with little or no water
(i.e., rangelands, barren land, tundra, suburban areas, etc.) where other prey species (e.g.,
rabbit, rodents) or carrion (such as at landfills) are abundant.

Landscape buffer – A natural or human-made landscape feature that screens eagles from
human activity (e.g., strip of trees, hill, cliff, berm, sound wall).

Nest – A structure built, maintained, or used by bald eagles for the purpose of reproduction.
An active nest is a nest that is attended (built, maintained or used) by a pair of bald eagles
during a given breeding season, whether or not eggs are laid. An alternate nest is a nest
that is not used for breeding by eagles during a given breeding season.

Nest abandonment – Nest abandonment occurs when adult eagles desert or stop attending
a nest and do not subsequently return and successfully raise young in that nest for the
duration of a breeding season. Nest abandonment can be caused by altering habitat near a
nest, even if the alteration occurs prior to the breeding season. Whether the eagles migrate
during the non-breeding season, or remain in the area throughout the non-breeding season,
nest abandonment can occur at any point between the time the eagles return to the nesting
site for the breeding season and the time when all progeny from the breeding season have
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National Bald Eagle Management Guidelines May 2007

dispersed.

Project footprint – The area of land (and water) that will be permanently altered for a
development project, including access roads.

Similar scope – In the vicinity of a bald eagle nest, an existing activity is of similar scope to
a new activity where the types of impacts to bald eagles are similar in nature, and the
impacts of the existing activity are of the same or greater magnitude than the impacts of the
potential new activity. Examples: (1) An existing single-story home 200 feet from a nest is
similar in scope to an additional single-story home 200 feet from the nest; (2) An existing
multi-story, multi-family dwelling 150 feet from a nest has impacts of a greater magnitude
than a potential new single-family home 200 feet from the nest; (3) One existing single-
family home 200 feet from the nest has impacts of a lesser magnitude than three single-
family homes 200 feet from the nest; (4) an existing single-family home 200 feet from a
communal roost has impacts of a lesser magnitude than a single-family home 300 feet from
the roost but 40 feet from the eagles’ foraging area. The existing activities in examples (1)
and (2) are of similar scope, while the existing activities in example (3) and (4) are not.

Vegetative buffer – An area surrounding a bald eagle nest that is wholly or largely covered
by forest, vegetation, or other natural ecological characteristics, and separates the nest from
human activities.

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National Bald Eagle Management Guidelines May 2007

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