Fish and Wildlife Service Seeks Feedback on Streamlining Eagle Permit Process in Advance Notice of Proposed Rulemaking

On September 14, 2021, the U.S. Fish and Wildlife Service published an Advance Notice of Proposed Rulemaking (ANPRM) seeking public and regulated community input on potential approaches for further expediting and simplifying the permit process authorizing incidental take of eagles.   FWS is considering establishing a “nationwide” or “general” permit program for the incidental take of eagles similar to the U.S. Army Corps of Engineers (USACE) Nationwide Permit Program (NWP program) for authorizing impacts to wetlands and other waters of the United States.  Another concept for a streamlined general permit would be to eliminate systematic monitoring. 

FWS is seeking data to estimate the current industry costs on pre-application/pre-construction surveys for eagles, monitoring requirements of the permit itself, including paying for required third party monitors, and compensatory mitigation. FWS is seeking data on how costs will change if additional efficiencies are implemented.  FWS is also requesting the submission of data regarding the number and type of small businesses affected, the scale and nature of economic effects in the current permitting process, and how costs would change for small businesses if additional efficiencies are implemented.

Comments on this ANPRM are due on October 29, 2021.