A nesting pair of bald eagles establishes a nest on a rural California property. The owner’s plans for grading, timber work, or development near the nest site come to a halt. The Bald and Golden Eagle Protection Act applies to private landowners, not just government agencies, and a violation can result in federal criminal penalties.
California’s geography makes this a practical concern for many property owners. Both bald eagles and golden eagles are present across wide areas of the state, including coastal ranges, foothills, and the Sierra Nevada. Landowners undertaking development, vegetation management, or other activities near eagle habitat need to understand what the federal law requires.
The Bald and Golden Eagle Protection Act (BGEPA), 16 U.S.C. sections 668 through 668d, was enacted in 1940 and has been amended several times. It prohibits anyone, without a permit issued by the Secretary of the Interior, from taking, possessing, selling, purchasing, bartering, transporting, exporting, or importing any bald or golden eagle, alive or dead, or any part, nest, or egg of either species.
“Take” under the Act includes pursuing, shooting, shooting at, poisoning, wounding, killing, capturing, trapping, collecting, molesting, or disturbing an eagle. 16 U.S.C. section 668c. “Disturbing” an eagle is specifically defined in federal regulations to mean agitating or bothering an eagle to a degree that causes or is likely to cause injury, a decrease in productivity by substantially interfering with normal breeding, feeding, or sheltering behavior, or nest abandonment. 50 C.F.R. section 22.6.
Why the BGEPA Applies to Private Landowners
The BGEPA applies broadly. There is no exception for activities on private land. If a landowner’s activity disturbs an eagle or destroys a nest without a permit, the federal prohibition applies regardless of who owns the property.
California has significant populations of both species. Bald eagle numbers have recovered substantially since the species was removed from the federal Endangered Species Act list in 2007, but BGEPA protections remain fully in effect regardless of ESA listing status. Golden eagles remain common across much of the California interior.
Criminal Penalties
A first conviction under 16 U.S.C. section 668 can result in a fine of up to $5,000 or imprisonment for up to one year, or both. A second or subsequent conviction carries penalties of up to $10,000 or two years’ imprisonment, or both. Each individual taking or prohibited act constitutes a separate violation.
Federal prosecutors and U.S. Fish and Wildlife Service agents have pursued cases against landowners, contractors, and developers whose activities resulted in take of eagles or destruction of active nests, even when the landowner’s intent was not to harm eagles.
The 2024 Regulatory Revisions
In 2024, the U.S. Fish and Wildlife Service revised the regulations governing permits for eagle incidental take. The revisions, published in the Federal Register, established a new system of general permits in addition to the existing specific permit process. See 89 Fed. Reg. (Feb. 12, 2024).
General permits are now available for incidental disturbance of bald eagles during breeding activities. General permits are not available for golden eagle disturbance. A general permit is available through an automated process when eligibility criteria are met and standard conditions are agreed to.
For more complex situations, including projects with more significant potential impacts or activities involving golden eagles, a specific permit under 50 C.F.R. section 22.26 may be required. Specific permits involve a more detailed review process.
Eagle Nest Take Permits
The regulations at 50 C.F.R. section 22.27 govern the removal or relocation of eagle nests. A landowner who needs to remove an eagle nest, whether active or inactive, generally must obtain a permit. Active nests, meaning those currently occupied by eagles, receive the most protection. The Service will only authorize take of an active nest in limited circumstances, including when the nest poses an imminent safety hazard or when the take is necessary to alleviate an emergency.
California landowners who discover an eagle nest on their property should identify whether the nest is active and consult with the U.S. Fish and Wildlife Service before taking any action affecting the nest or the area around it.
Practical Steps for California Property Owners
- Before beginning any ground-disturbing, vegetation removal, or construction activity near potential eagle habitat, survey the area for active nests.
- If an active nest is located, identify the species and consult with U.S. Fish and Wildlife Service personnel about the buffer distances the Service recommends for activities near active nests.
- If your planned activity may incidentally disturb bald eagles during breeding, evaluate whether the general permit program applies to your situation.
- For activities involving golden eagles or more complex bald eagle impacts, consult with an attorney or environmental consultant about whether a specific incidental take permit is required before proceeding.
- Document all consultations with federal wildlife agencies and any permits obtained before undertaking the activity.
Interaction With California Law
California’s Fish and Game Code provides additional protections for birds and their nests. Fish and Game Code section 3503 prohibits taking, possessing, or needlessly destroying the nest or eggs of any bird. Fish and Game Code section 3503.5 specifically prohibits taking, possessing, or destroying any birds of prey or their eggs or nests.
A California property owner whose activity affects eagles or eagle nests may face both federal BGEPA liability and state Fish and Game Code liability. The requirements operate independently.
When Government Actions Restrict Property Use
Where BGEPA enforcement or eagle habitat restrictions substantially affect a property owner’s ability to use their land, constitutional property rights analysis may become relevant. A regulatory restriction that denies all economically beneficial use of property, or that imposes a significant burden on a specific property owner disproportionate to the restriction’s public benefit, may raise questions under the regulatory takings framework.
Courts have addressed takings claims arising from federal environmental regulation in various contexts. Whether a BGEPA-related restriction rises to the level of a compensable regulatory taking depends on the specific facts of the property and the restriction.
Frequently Asked Questions
Does the Bald and Golden Eagle Protection Act apply to private land?
Yes. The BGEPA prohibits take of eagles and their nests regardless of whether the activity occurs on public or private land. A property owner whose development activity disturbs an eagle or destroys an active nest without a permit is subject to federal criminal penalties.
Do I need a permit to avoid disturbing eagles on my property?
If your planned activity may incidentally disturb bald eagles during breeding, the 2024 general permit regulations may apply. General permits are available for certain bald eagle disturbance through an automated process. Golden eagle disturbance requires a specific permit. Activities that may result in nest take generally require a separate nest take permit under 50 C.F.R. section 22.27.
What should I do if I find an eagle nest on my property?
Do not disturb the nest or the surrounding area until you have determined the nest’s status and consulted with the U.S. Fish and Wildlife Service. An active nest, meaning one currently occupied by eagles for breeding or roosting, receives the highest level of protection. The Service can advise on recommended buffer distances and permit requirements for activities near the nest.
