Eagle Nest Removal Take Permits

Eagle Nest Protections

Along with protecting eagles, the Bald and Golden Eagle Protection Act also protects eagle nests. Eagle nests are protected at all times, not just when the nests are in use by eagles. This means eagle nests can never be removed, destroyed, moved, tampered with, or obstructed, no matter what time of year it is, without a permit.

An eagle nest is defined as "any assemblage of materials built, maintained, or used by bald eagles or golden eagles for the purpose of reproduction. An eagle nest remains an eagle nest until it becomes so diminished, or the nest substrate upon which it is built fails, that the nest is no longer usable and is not likely to become usable to eagles, as determined by a Federal, Tribal, or State eagle biologist" (50 CFR 22.6).

The following are all considered eagle nests and are protected (unless the nests are determined by a Federal, Tribal, or State eagle biologist to no longer be usable):

  • Any nest constructed by an eagle, even if the nest is never finished or used.
  • A nest built by another bird that is subsequently used by an eagle for reproduction.
  • A nest constructed by an eagle that is subsequently used by another species, such as owls or osprey. 

Note that removal of an eagle nest may cause loss of breeding productivity for the eagle pair, which is a form of disturbance take.  If nest take removes all available nesting substrate from an eagle pair's territory, this can lead to abandonment and loss of the eagle territory, which constitutes another form of disturbance take.

Finding Breeding Eagles and Eagle Nests

The first step in protecting eagle nests is knowing where eagle nests are located. The U.S. Fish and Wildlife Service does not maintain a database of eagle nest locations. Many state wildlife and natural resource agencies, as well as non-governmental organizations, keep records of eagle nest locations; we recommend contacting these entities to see if data is available for your area. Please note that even the most recent databases will not contain all records; it is the responsibility of anyone conducting activities that may take eagle nests to survey the vicinity for any breeding eagle activity and eagle nests before conducting these activities.

Resources

The below resources are not official USFWS guidance, recommendations, or requirements; they are provided for informational purposes only.

Interim Golden Eagle Inventory and Monitoring Protocols
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Interim Golden Eagle Inventory and Monitoring Protocols
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Golden Eagle Breeding Survey Recommendations in Nevada
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Golden Eagle Breeding Survey Recommendations in Nevada

This document has been developed by the USFWS Pacific Southwest Region Migratory Bird Program to provide interim technical assistance relating to developing golden eagle survey plans for development projects. Our recommendations are meant to cover various activities and industrial development...

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Permits for Nest Removal

As noted above, eagle nests are protected at all times, not just when the nests are in use by eagles. Therefore, eagle nests can never be removed, destroyed, moved or relocated, tampered with, or obstructed, no matter what time of year it is, without a permit.  The Service does have the ability to authorize take of an eagle nest under certain circumstances.  Regulations regarding eagle nest removal take were revised in 2024.

An eagle nest is defined as "any assemblage of materials built, maintained, or used by bald eagles or golden eagles for the purpose of reproduction" (50 CFR 22.6).

Some additional definitions related to eagles nests and their status that are helpful when determining if and when a permit may be issued to authorize the take of a nest are when a nest is defined as "in-use" by eagles or when a nest is an "alternate" nest of a breeding eagle pair.  An eagle nest is considered "in-use" when it "contains one or more viable eggs or dependent young, or, for golden eagles only, has had adult eagles on the nest within the past 10 days during the breeding season" (50 CFR 22.6).  An "alternate nest" means "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" (50 CFR 22.6).

Justifications for Nest Take

  1. Emergency 
  2. Health and Safety
  3. Regain the use of a human-engineered structure
  4. Protection of an ESA-listed species
  5. Other Purposes (provided the activity or mitigation provides a net benefit to eagles)

The Service's ability to authorize nest take for the justifications listed above are dependent on the status of the nest.

JustificationNest Status
Emergencyalternate or in-use
Health and Safetyalternate or in-use prior to egg
laying
Regain use of a human-engineered structurealternate or in-use prior to egg
laying
Protection of ESA-listed speciesalternate or in-use prior to egg
laying
Other Purposesalternate only


General Permits for Bald Eagle Nest Take

In 2024, The Service revised the regulations for the issuance of permits for eagle incidental take and eagle nest take under the Bald and Golden Eagle Protection Act.  The revised regulations include a new system of general permits in addition to the specific-permit situations the Service has authorized in the past. These general permits are designed for situations with low risks to eagles and are an alternative approach to authorize certain activities under prescribed conditions, including general permit options for take of an eagle nest.

A Bald Eagle bringing a fish back to its nest at Occoquan Bay National Wildlife Refuge
Image Details

General permits are available for bald eagle nests only, they are not available for take of golden eagles nests, and only certain situations are eligible:

  • Take of a nest for a safety emergency
  • Take of a nest for health and safety
  • Take of a nest located on a human-engineered structure


General permits for take of bald eagles nests located in Alaska may also be available for other reasons.  Contact the Alaska region Migratory Bird Permit Office for additional information.

Only federally-recognized Tribes may receive a general permit for bald eagle nest take in Indian Country (as defined in 18 U.S.C. § 1151).

Activities that may cause complete loss of an eagle breeding territory are ineligible for take coverage under general nest take permits.

General permits for bald eagle nest take are only effective for a maximum of a year.  Permittees self-certifying for a general permit will be required to monitor the eagle pair associated with the taken nest, however they will not owe any compensatory mitigation. All general permit holders must agree to general standard conditions of the permit.

General Permit Standard Conditions - Bald Eagle Nest Take
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General Permit Standard Conditions - Bald Eagle Nest Take

These general permit conditions accompany the authorization to remove, relocate, or obstruct a bald eagle nest. This take is authorized provided there is no practicable alternative to avoiding or minimizing it. Types of nest take eligible for a general permit are described further in 50 CFR 22....

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Fee Schedule for General Permits for Bald Eagle Nest Take
Application FeeAdministration FeeAmendment Fee
$100noneN/A

Apply for a General Permit Bald Eagle Nest Take

General Permits Issued To-Date


Specific Permits for Nest Take

Along with the general permits described above, the Service will also continue to review specific permits for situations that have high or uncertain risks to eagles.  These specific permits are available for situations that are ineligible for general permits or if an applicant is unable or unwilling to adhere to the terms and conditions of a general permit.

Golden eagle nest in cottonwood tree. Credit: Jesse Watson
Image Details

Specific permits authorizing eagle nest take are the only option for:

  • Golden eagle nest take
  • Bald eagle nest take for
    • Protection of species listed as endangered or threatened under the Endangered Species Act
    • Any reason other than a safety emergency or health and safety
    • Nests not located on human-engineered structures
    • Nests located in Indian Country (as defined in 18 U.S.C. § 1151).
  • Activities that may result in permanent loss of an eagle territory


For any nests that are taken that are not due to a safety emergency or health and safety concerns, not located on a human-engineered structure, or whose take is not protecting an ESA-listed species, the take of the nest must provide a net benefit to eagles.  The Service does not issue nest take permits for convenience.

Specific permits authorizing eagle nest take have a maximum tenure of five years. Permittees issued a specific permit may be required to monitor the eagle pair associated with the taken nest and may be required to provide offsetting compensatory mitigation.

PurposeBald Eagle Nest TakeGolden Eagle Nest Take
Safety EmergencyGeneral Permit Available



Specific Permit Required for all purposes
Health and SafetyGeneral Permit Available
Human-Engineered StructureGeneral Permit Available
ESA Species ProtectionSpecific Permit Required
Other purposes providing a net benefit to eaglesSpecific Permit Required in all states except Alaska; 
General Permit available in Alaska only
Fee Schedule for Specific Permits for Eagle Nest Take
# of Nests to be TakenApplication FeeAdministration FeeAmendment Fee
Nest Take – single nest

Non-commercial:$500

Commercial:$2,500

none

Non-commercial:$150

Commercial:$500

Nest Take – multiple nests$5,000none$500

Apply for a Specific Permit for Eagle Nest Take

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Disturbance Take

Just going to be disturbing a breeding pair of eagles, but not removing their nest?  The Service also provides information on breeding eagle disturbance protections and permits to authorize disturbance to breeding eagles.

Eagle Disturbance Take Permits