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Environmental Law

: ESA Blawg

Bald eagles: FWS issues final rule for take, and initiates status review for Sonoran desert bald eagles

By Keith Rizzardi

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73 Federal Register 29075 (May 20, 2008) (DEPARTMENT OF THE INTERIOR; Fish and Wildlife Service; Authorizations Under the Bald and Golden Eagle Protection Act for Take of Eagles; Final rule).

SUMMARY: These final regulations provide two mechanisms to authorize take under the Bald and Golden Eagle Protection Act (Eagle Act) by certain persons who have been authorized under the Endangered Species Act (ESA) to take bald eagles (Haliaeetus leucocephalus) and golden eagles (Aquila chrysaetos). DATES: This rule goes into effect on June 19, 2008.

ADDITIONAL EXCERPT: Eagle take that was prohibited under the ESA is, in many instances, also prohibited under the Eagle Act. Both statutes define take to prohibit killing, wounding, pursuing, shooting, capturing, and collecting the species they protect (16 U.S.C. 668c; 16 U.S.C. 1532(19))... Under this final rule, we extend Eagle Act authorizations to holders of existing ESA authorizations as seamlessly as is possible under the applicable laws. There are two mechanisms through which these new regulations provide Eagle Act authorization. First, the rule establishes regulatory provisions under 50 CFR 22.11 to provide take authorization under the Eagle Act to ESA section 10(a)(1)(B) permittees where the bald eagle is covered in a Habitat Conservation Plan (HCP) or the golden eagle is covered as a non-listed species, as long as the permittee is in full compliance with the terms and conditions of the ESA permit... Second, the rule establishes a new permit category to provide expedited Eagle Act permits to entities authorized to take bald eagles through section 7 incidental take statements.

Photo of bald eagle from FWS

73 Federal Register 29096 (DEPARTMENT OF THE INTERIOR; Fish and Wildlife Service; Endangered and Threatened Wildlife and Plants; Initiation of Status Review for the Bald Eagle (Haliaeetus leucocephalus) in the Sonoran Desert Area of Central Arizona and Northwestern Mexico; Notice).

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the initiation of a status review for the bald eagle (Haliaeetus leucocephalus) in the Sonoran Desert area of central Arizona and northwestern Mexico, hereafter referred to as the ''Sonoran Desert area bald eagle.'' Through this action, we encourage all interested parties to provide us with information regarding the status of, and any potential threats to, the Sonoran Desert area bald eagle. DATES: To allow us adequate time to conduct this review, we request that information be submitted on or before July 7, 2008.

FOR MORE INFORMATION about the desert bald eagle, visit www.esablawg.com postings on March 10, 2008 (on prior court decision) and May 1, 2008 (on recent FWS activity)

Full post as published by ESA Blawg on May 20, 2008 (boomark / email).