[Federal Register Volume 90, Number 231 (Thursday, December 4, 2025)]
[Notices]
[Pages 55919-55922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-21917]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-HQ-MB-2025-0803; FXMB12320900000-256-FF09M30000; OMB
Control Number 1018-0167]
Agency Information Collection Activities; Eagle Take Permits and
Fees
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of information collection; request for comment.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (PRA),
we, the U.S. Fish and Wildlife Service (Service), are proposing to
renew a currently approved information collection without change.
DATES: Interested persons are invited to submit comments on or before
February 2, 2026.
ADDRESSES: Send your comments on the information collection request
(ICR) by one of the following methods (please reference OMB Control No.
1018-0167 in the subject line of your comment):
Internet (preferred): https://www.regulations.gov. Follow
the instructions for submitting comments on Docket No. FWS-HQ-MB-2025-
0803.
U.S. mail: Service Information Collection Clearance
Officer, U.S. Fish and Wildlife Service, 5275 Leesburg Pike, MS: PRB
(JAO/3W); Falls Church, VA 22041-3803.
FOR FURTHER INFORMATION CONTACT: Madonna L. Baucum, Service Information
Collection Clearance Officer, by email at [email protected], or by
telephone at (703) 358-2503. Individuals in the United States who are
deaf, deafblind, hard of hearing, or have a speech disability may dial
711 (TTY, TDD, or TeleBraille) to access telecommunications relay
services. Individuals outside the United States should use the relay
services offered within their country to make international calls to
the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction
Act (PRA; 44 U.S.C. 3501 et seq.) and its implementing regulations at 5
CFR part 1320, all information collections require approval under the
PRA. We may not conduct or sponsor, and you are not required to respond
to, a collection of information unless it displays a currently valid
Office of Management and Budget (OMB) control number.
As part of our continuing effort to reduce paperwork and respondent
burdens, we are again inviting the public and other Federal agencies to
comment on continuing collections of information. This helps us assess
the impact of our information collection requirements and minimize the
public's reporting burden. It also helps the public understand our
information collection requirements and provide the requested data in
the desired format.
We are especially interested in public comment addressing the
following:
(1) Whether or not the collection of information is necessary for
the proper performance of the functions of the agency, including
whether or not the information will have practical utility;
(2) The accuracy of our estimate of the burden for this collection
of information, including the validity of the methodology and
assumptions used;
(3) Ways to enhance the quality, utility, and clarity of the
information to be collected; and
(4) How might the agency minimize the burden of the collection of
information on those who are to respond, including through the use of
appropriate automated, electronic, mechanical, or other technological
collection techniques or other forms of information technology, e.g.,
permitting electronic submission of response.
Comments that you submit in response to this notice are a matter of
public record. Before including your address, phone number, email
address, or other personal identifying information in your comment, you
should be aware that your entire comment--including your personal
identifying information--may be publicly available at any time. While
you can ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
Abstract: The Bald and Golden Eagle Protection Act (Eagle Act; 16
U.S.C. 668-668d) prohibits take of bald eagles and golden eagles except
pursuant to Federal regulations. The Eagle Act regulations at title 50,
part 22 of the Code of Federal Regulations (CFR) define the ``take'' of
an eagle to include the following broad range of actions: To ``pursue,
shoot, shoot at, poison, wound, kill, capture, trap, collect, destroy,
molest, or disturb.'' The Eagle Act allows the Secretary of the
Interior to authorize certain otherwise prohibited activities through
regulations.
All Service permit applications associated with eagles are in the
3-200 and 3-202 series of forms, each tailored to a specific activity
based on the requirements for specific types of permits. We collect
standard identifier information for all permits. The information that
we collect on applications and reports is the minimum necessary for us
to determine if the applicant meets/continues to meet issuance
requirements for the particular activity.
The Service proposes to renew the information collections listed
below, without change, in order to extend the expiration date for the
collection (currently July 31, 2026) while the Service continues to
finalize proposed regulations under RIN 1018-BI80, Deregulatory Actions
Relating to Migratory Birds and Eagles. As part of that rulemaking, the
Service will propose amendments to our miscellaneous provisions
relating to migratory birds and eagles. We will propose revisions to
current regulations to more efficiently and appropriately authorize
activities while meeting our obligations under the Migratory Bird
Treaty Act, the Bald and Golden Eagle Protection Act, the Airborne
Hunting Act, and the Migratory Bird Hunting and Conservation Stamp Act.
We will propose to modify requirements from a prescriptive approach to
a performance-based standard approach to allow greater flexibility in
compliance. We will also propose to clarify and streamline requirements
to improve understanding and ease of compliance. Finally, we will
propose to remove certain parts, sections, and subsections to reduce
confusion and improve regulatory efficiency, including
[[Page 55920]]
regulatory language related to airborne hunting, hunting migratory
birds, eagle permits, feeding depredating migratory waterfowl, and duck
stamp contests. We anticipate publication of that proposed rule under
RIN 1018-BI80 in late 2025 or early 2026 and we will provide a separate
comment period for information collections associated with that
proposed rulemaking.
We will request OMB approval to renew, without change, the
following information collection requirements associated with eagles:
(1) Form 3-200-14, ``Eagle Exhibition''--This form is used to apply
for a permit to possess and use eagles and eagle specimens for
educational purposes. The Service uses the information collected via
the form to determine whether eagles are legally acquired and will be
used for conservation education, and in the case of live eagles, will
be housed and handled under safe and healthy conditions.
(2) Form 3-200-15a, ``Eagle Parts for Native American Religious
Purposes''--This application form is used by enrolled members of
federally recognized Native American Tribes to obtain authorization to
acquire and possess eagle feathers and parts from the Service's
National Eagle Repository (NER). The permittee also uses the form to
make additional requests for eagle parts and feathers from the NER. The
Service uses the information collected via the form to verify that the
applicant is an enrolled member of a federally recognized Tribe, and
what parts and/or feathers the applicant is requesting.
(3) Form 3-200-16, ``Take of Depredating Eagles & Eagles that Pose
a Risk to Human or Eagle Health or Safety--Annual Report''--Applicants
use this form to obtain authorization to take eagles that depredate on
wildlife or livestock, or those that pose a risk to personal property
or human or eagle health or safety. A depredation permit is intended to
provide short-term relief from depredation damage until long-term
measures can be implemented to reduce or eliminate the depredation
problem through nonlethal control techniques. The Service uses the
information collected via the form to determine whether the take is
necessary to protect the relevant interests; other alternatives have
been considered; and the method of take is humane and compatible with
the preservation of eagles.
(4) Form 3-200-18, ``Take of Golden Eagle Nests During Resource
Development or Recovery''--This application is used by commercial
entities engaged in resource development or recovery operations, such
as mining or drilling, to obtain authorization to remove or destroy
golden eagle nests. The Service uses the information collected via the
form to determine whether the take is necessary and will be compatible
with the preservation of eagles.
(5) Form 3-200-77, ``Native American Eagle Take for Religious
Purposes''--Federally recognized Native American Tribes use this form
to apply for authorization to take eagles from the wild for Tribal
religious purposes. The Service uses the information obtained via the
form to determine whether the take is necessary to meet the Tribe's
religious needs, they received consent of the landowner, the take is
compatible with the preservation of eagles, and any eagles kept alive
will be held under humane conditions.
(6) Form 3-200-78, ``Native American Tribal Eagle Aviary''--
Federally recognized Native American Tribes use this form to apply for
authorization to keep live eagles for Tribal religious purposes. The
Service uses the information collected via the form to ensure the Tribe
has the appropriate facilities and experience to keep live eagles
safely and humanely.
(7) Form 3-200-82, ``Bald Eagle or Golden Eagle Transport into the
United States for Scientific or Exhibition Purposes''--This application
form is used by researchers and museums to obtain authorization to
temporarily bring eagle specimens into, or take those specimens out of,
the United States. The Service uses the information collected via the
form to ensure the specimens were legally acquired and will be
transported through U.S. ports that can legally authorize the
transport, the transport will be temporary as required by statute, and
the specimens will be used for purposes authorized by statute.
(8) Form 3-1552 ``Native American Tribal Eagle Retention''--A
Federal Eagle Remains Tribal Use permit authorizes a federally
recognized Native American Tribe to acquire, possess, and distribute to
Tribal members whole eagle remains found by a Tribal member or employee
on the Tribe's land for Indian religious use. The applicant must be a
federally recognized Tribal entity under the Federally Recognized
Tribal List Act of 1994, 25 U.S.C. 5131, 108 Stat. 4791 (1994). The
Service uses the information collected via the form to identify which
Tribe is applying for the permit and to inform the Service as to
whether the Tribe is applying before or subsequent to finding the first
eagle they want to retain, allowing the Service to choose the
appropriate course of action.
(9) Form 3-1591, ``Tribal Eagle Retention--Acquisition Form''--The
first part of the form (completed by a Service Office of Law
Enforcement (OLE) Officer) collects: species, sex, age class of eagle,
date and location discovered, date the information was reported to
track eagle mortalities, date the remains were transferred to the
federally recognized Native American Tribe, name and contact
information for the Tribe, and OLE officer name and contact
information. The second part of the form (competed by the Tribe)
collects: permit number; date the Tribe took possession of the eagle;
and Principal Tribal Officer's name, title, and contact information.
This form provides the Service with the necessary information needed to
track the chain of custody of eagle remains and ensures the Tribe takes
possession of them as authorized under the permit.
(10) Form 3-2480, ``Eagle Recovery Tag''--The form is used to track
dead eagles as they move through the process of laboratory examination
to determine cause of death and are sent to the NER for distribution to
Native Americans for use in religious ceremonies. The Service uses the
information collected to maintain chain of custody for law enforcement
and scientific purposes.
(11) Form 3-202-11, ``Take of Depredating Eagles & Eagles that Pose
a Risk to Human or Eagle Health or Safety--Annual Report''--Permittees
use this form to report the outcome of their action involving take of
depredating eagles or eagles that pose a risk to human or eagle health
or safety. The Service uses the information reported via the form to
ascertain whether the planned take was implemented, track how much
authorized take occurred in the eagle management unit and local
population area, and verify the disposition of any eagles taken under
the permit.
(12) Form 3-202-13, ``Eagle Exhibition--Annual Report''--Permittees
use this form to report activities conducted under an Eagle Exhibition
Permit for both live and dead eagles. The Service uses the information
reported through this form to verify that eagles held under the permit
are used for conservation education.
(13) Form 3-202-14, ``Native American Tribal Eagle Aviary--Annual
Report''--Permittees use this form to report activities conducted under
a Native American Eagle Aviary Permit. The Service uses the information
collected via the form to track the live eagles held by federally
recognized Tribes for spiritual and cultural practices.
[[Page 55921]]
(14) Monitoring Requirements--Most permits that authorize take of
eagles or eagle nests require monitoring. We do not require monitoring
for intentional take, including when Native American Tribes take an
eagle as part of a religious ceremony or when falconers trap golden
eagles that are depredating on livestock. In addition to tracking take
at population management scales, the Service uses data from monitoring
lethal take permits to adjust authorized take levels, compensatory
mitigation requirements, and avoidance and minimization measures as
specified under the terms of the permit. With regard to wind industry
permits, these data also enable the Service to improve future fatality
estimates through enhanced understanding of exposure and collision.
(15) Required Notifications--Most permits that authorize take or
possession of eagles require a timely notification to the Service by
email or phone when an eagle possessed under a possession permit or
taken under a take permit dies or is found dead. These fatalities are
later recorded in reports submitted to the Service as described above.
The timely notifications allow the Service to better track take and
possession levels, and to ensure eagle remains are sent to either a
forensics lab or the NER. Incidental take permittees are also required
to notify the Service via email or phone if a threatened or endangered
species is found in the vicinity of the activity for which take is
permitted. There is no notification requirement for that beyond
reporting each occurrence where take is discovered to have occurred.
The Service tracks whether the take level is exceeded or is likely to
be exceeded.
(16) Recordkeeping Requirements--As required by 50 CFR 13.46,
permittees must keep records of the activity as it relates to eagles
and any data gathered through surveys and monitoring, including records
associated with the required internal incident reporting system for
bald eagle and golden eagle remains found and the disposition of the
remains.
(17) Amendments--Amendments to a permit may be requested by the
permittee, or the Service may amend a permit for just cause upon a
written finding of necessity. A permittee is required to notify the
issuing office within 10 calendar days of minor changes.
(18) Transfers--In general, permits issued under 50 CFR part 22 are
not transferable. However, when authorized, permits issued under 50 CFR
subpart E may be transferred by the transferee providing written
assurances of sufficient funding of the avoidance and minimization
measures and commitment to carry out the terms and conditions of the
permit.
(19) Form 3-200-71, ``Eagle Incidental Take''--General and
Specific--Form 3-200-71 authorizes the incidental take of eagles where
the take results from but is not the purpose of an activity. General
permits are valid for 5 years from the date of registration. Specific
permits may be valid for up to 30 years.
(20) Form 3-200-72, ``Eagle Nest Take''--Form 3-200-72 is used to
apply for authorized take of bald eagle nests or golden eagle nests,
including relocation, removal, and otherwise temporarily or permanently
preventing eagles from using the nest structure for breeding under
definitions in 50 CFR 22.300(b). General permits are available for bald
eagle nest take for emergency, nest take for health and safety, or nest
take for a human-engineered structure, or, if located in Alaska, other
purposes. General permits may authorize bald eagle nest removal from
the nesting substrate at the location requested and the location of any
subsequent nesting attempts by the eagle pair within one-half mile of
the location requested for the duration of the permit. Take of an
additional eagle nest(s) more than one-half mile away requires
additional permit(s). General permits are valid until the start of the
next breeding season, not to exceed 1 year. General permits are not
available for take of nests located in Indian country (18 U.S.C. 1151),
unless the Tribe is the applicant. Specific permits are required for
take of a golden eagle nest for any purpose, take for species
protection, and, except for Alaska, nest take for other purposes. The
tenure of specific permits is set forth on the face of the permit and
may not exceed 5 years.
(21) Form 3-200-91, ``Eagle Disturbance Take''--General and
Specific--Applicants may apply for an eagle disturbance take permit if
their activity may result in incidental disturbance of bald eagles or
golden eagles. General permits issued under this section are available
only for certain activities that cause disturbance of bald eagles and
are valid for a maximum of 1 year. General permits are not available
for disturbance of nests located in Indian country (18 U.S.C. 1151),
unless the Tribe is the applicant. Specific permits are intended for
disturbance of a golden eagle nest, disturbance of a bald eagle nest by
an activity not specified in paragraph (b) of Sec. 22.280, or
disturbance of eagles caused by physical or functional elimination of
all foraging area within a territory. The tenure of specific permits is
set forth on the face of the permit and may not exceed 5 years.
(22) Permit Reviews--The Service removed the regulatory requirement
for specific permits to mandate an administrative check-in with the
Service at least every 5 years during the permit tenure. The purpose of
5-year review is to update take estimates and related compensatory
mitigation for the subsequent 5-year period. It also provides the
Service with an opportunity to amend the permit to reduce or eliminate
conservation measures or other permit conditions that prove to be
ineffective or unnecessary.
(23) Report Take of Eagles (3rd and 4th Eagles) (50 CFR
22.250(d)(2) and (d)(3))--Permittees must notify the Service in writing
within 2 weeks of discovering the take of a third or fourth bald eagle
or a third or fourth golden eagle. The notification must include the
reporting data required in their permit conditions, their adaptive
management plan, and a description and justification of which adaptive
management approaches they will be implementing. Upon notification of
the take of the fourth bald eagle or fourth golden eagle, the project
will remain authorized to incidentally take eagles through the term of
the existing general permit but will not be eligible for future general
permits.
(24) Audits--The Service conducts audits of general permits to
ensure permittees are appropriately interpreting and applying
eligibility criteria and complying with permit conditions. Audits may
include reviewing application materials for completeness and general
permit eligibility. Any required records, plans, or other documents
will be requested of the permittee and reviewed. If there is a
compliance concern, the applicant will be given the opportunity to
submit additional information to address the concern. If, during an
audit, the Service determines that the permittee is not eligible for a
general permit or is out of compliance with general permit conditions,
we will communicate to the permittee options for coming into
compliance.
(25) Labeling Requirement--Regulations at 50 CFR 22.4 require all
shipments containing bald or golden eagles (alive or dead), their
parts, nests, or eggs to be labeled. The shipments must be labeled with
the name and address of the person the shipment is going to, the name
and address of the person the shipment is coming from, an accurate list
of contents by species, and the name of each species.
[[Page 55922]]
(26) Requests for Reconsideration Associated with Eagle Permits
(Suspension and Revocation)--Persons notified of the Service's
intention to suspend or revoke their permit may request
reconsideration.
(27) Compensatory Mitigation (50 CFR 22.220)--Permits authorizing
eagle take may require compensatory mitigation. Compensatory mitigation
must ensure the preservation of the affected eagle species by
mitigating an amount equal to or greater than the authorized or
expected take. Compensatory mitigation must either reduce another
ongoing form of mortality or increase the eagle population of the
affected species. Compensatory mitigation for golden eagles must be
performed at a 1.2:1 (mitigation: take) ratio. A permit may require
compensatory mitigation when the Service determines, according to the
best available information, that the take authorized by the permitted
activity is not consistent with maintaining the persistence of the
local area population of an eagle species.
(28) Single Application for Multiple Activities (50 CFR
13.11(d)(2))--If regulations require more than one type of permit for
an activity and permits are issued by the same office, the issuing
office may issue one consolidated permit. Applicants may submit a
single application in these cases, provided the single application
contains all the information required by the separate applications for
each permitted activity. In instances where the Service consolidates
more than one permitted activity into one permit, the issuing office
will charge the highest single fee for the activity permitted.
Administration fees are not waived for single applications covering
multiple activities.
The public may request copies of any form contained in this
information collection by sending a request to the Service Information
Collection Clearance Officer (see ADDRESSES).
Title of Collection: Eagle Permits (50 CFR parts 10, 13, and 22).
OMB Control Number: 1018-0167.
Form Numbers: Forms 3-200-14, 3-200-15a, 3-200-16, 3-200-18, 3-200-
71, 3-200-72, 3-200-77, 3-200-78, 3-200-82, 3-200-92, 3-200-11 through
3-200-16, 3-1552, 3-1591, 3-2480, 3-202-11, 3-202-13, and 3-202-14.
Type of Review: Extension without change of a currently approved
collection.
Respondents/Affected Public: Individuals and businesses. We expect
that the majority of applicants seeking long-term permits will be in
the energy production and electrical distribution business sectors.
Total Estimated Number of Annual Respondents: 1,117.
Total Estimated Number of Annual Responses: 8,406.
Estimated Completion Time per Response: Varies from 15 minutes to
228 hours, depending on activity.
Total Estimated Number of Annual Burden Hours: 32,882.
Respondent's Obligation: Required to obtain or retain a benefit.
Frequency of Collection: On occasion for applications; annually or
on occasion for reports.
Total Estimated Annual Nonhour Burden Cost: $1,737,460 (primarily
associated with application processing fees).
An agency may not conduct or sponsor and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number.
The authority for this action is the Paperwork Reduction Act of
1995 (44 U.S.C. 3501 et seq.).
Madonna Baucum,
Information Collection Clearance Officer, U.S. Fish and Wildlife
Service.
[FR Doc. 2025-21917 Filed 12-3-25; 8:45 am]
BILLING CODE 4333-15-P