Protection of Eagles; Definition of “Disturb”

We, the U.S. Fish and Wildlife Service (the Service), are codifying a definition of "disturb" under the Bald and Golden Eagle Protection Act (Eagle Act). Given that the Eagle Act's prohibition against disturbance applies to both bald and golden eagles, the definition will apply to golden eagles (Aquila chrysaetos) as well as bald eagles (Haliaeetus leucocephalus). If the bald eagle is delisted, the Eagle Act will be the primary law protecting bald as well as golden eagles. The Eagle Act prohibits unregulated take of bald and golden eagles and provides a statutory definition of "take" that includes "disturb." Although disturbing eagles has been prohibited by the Eagle Act since the statute's enactment in 1940, the meaning of "disturb" has not been explicitly defined by the Service or by the courts. To define "disturb," we considered Congressional intent, the common meaning of the term as applied to the conservation intent of the Eagle Act, and the working definitions of "disturb" currently used by Federal and State agencies to manage eagles. This definition of "disturb" will apply to eagles in Alaska, where the bald eagle has never been listed under the ESA, as well as eagles throughout the 48 contiguous States. (Eagles do not occur in Hawaii.) In addition to this final rule, the Service is publishing three related documents elsewhere in today's Federal Register: a notice of availability of the final environmental assessment for the definition of "disturb"; a notice of availability for National Bald Eagle Management Guidelines; and a proposed rule to codify additional take authorizations under the Eagle Act.