[Federal Register Volume 77, Number 90 (Wednesday, May 9, 2012)]
[Proposed Rules]
[Pages 27174-27175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-11111]



Fish and Wildlife Service

50 CFR Parts 13 and 22

[Docket No. FWS-R9-MB-2011-0054; FF09M21200-123-FXMB123209EAGL0L2]
RIN 1018-AX91

Eagle Permits; Changes in the Regulations Governing Eagle 

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; extension of comment period.


SUMMARY: We announce the extension of the public comment period for our 
April 13, 2012, proposed rule to revise the regulations for permits for 
nonpurposeful take of golden eagles (Aquila chrysaetos) and bald eagles 
(Haliaeetus leucocephalus) where the take is associated with, but not 
the purpose of, an activity. In that proposed rule, we propose to 
increase the maximum term for programmatic permits to 30 years and to 
increase permit application processing fees for such long-term permits. 
We are extending the public comment period to allow all interested 
parties an additional opportunity to comment on the proposed rule. 
Comments previously submitted need not be resubmitted, as we will fully 
consider them when preparing a final determination.

DATES: Electronic comments on the proposal published at 77 FR 22267, 
April 13, 2012, must be submitted via http://www.regulations.gov by 
11:59 p.m. Eastern time on July 12, 2012. Comments submitted by mail 
must be postmarked no later than July 12, 2012.

ADDRESSES: You may submit comments by either of the following two 
methods. Please do not submit comments by both.
     Federal eRulemaking portal: http://www.regulations.gov. 
Follow the instructions for submitting comments on Docket No. FWS-R9-
     U.S. mail or hand delivery: Public Comments Processing, 
Attention: FWS-R9-MB-2011-0054; Division of Policy and Directives 
Management; U.S. Fish and Wildlife Service; 4401 North Fairfax Drive, 
MS 2042-PDM; Arlington, VA 22203-1610.
    We will not accept email or faxes. We will post all comments on 
http:/www.regulations.gov. This generally means that we will post any 
personal information that you provide. See the Public Comments section 
below for more information.

FOR FURTHER INFORMATION CONTACT: Chief, Division of Migratory Bird 
Management, at 703-358-1714.



    On April 13, 2012, we proposed revisions to the regulations 
governing permits for take of golden eagles (Aquila chrysaetos) and 
bald eagles (Haliaeetus leucocephalus), where the take is associated 
with, but not the purpose of, an activity (see 77 FR 22267, April 13, 
2012). We proposed to extend the maximum term for a programmatic permit 
from 5 to 30 years, if the permit incorporates conditions requiring 
implementation of additional measures to ensure the preservation of 
eagles, if needed. This change would facilitate the responsible 
development of renewable energy and other projects that will be in 
operation for many decades while being consistent with statutory 
mandates protecting eagles.
    The proposed rule would amend the schedule of permit fees set forth 
at 50 CFR 13.11 to substantially increase the fees charged for 
processing programmatic permit applications for such long-term permits. 
The permit application processing fee is proposed to be $36,000. In 
addition, the regulations propose an ``administration fee'' based on 
the duration of the permits to recover our costs for monitoring and 
working with the permittees over the lives of the permits. The proposed 
administration fee ranges from $2,600 for permits with tenures of 5 
years or less to $15,600 for 30-year permits. The regulations propose a 
reduced application processing fee of $5,000 for permit applications 
for small wind projects and other activities not expected to have 
significant effects on eagles.
    The proposed rule also contains provisions that would allow permits 
to be transferred from one party to another and to clarify that 
programmatic permits issued under the Bald and Golden Eagle Protection 
Act (16 U.S.C. 668-668d) to Federal, State, tribal, or local 
governmental entities provide take authorization for persons acting 
under the jurisdiction of the permitted government agency under certain 
    We are now extending the public comment period for the proposed 
rule to

[[Page 27175]]

allow interested members of the public an additional opportunity to 
provide input. The comment period will close on July 12, 2012. If you 
have already submitted comments on the April 13, 2012, proposed rule, 
please do not resubmit them. We will fully consider all comments we 
receive when preparing a final determination on the proposed rule.
    For more information about the proposed regulatory changes, please 
see the April 13, 2012, proposed rule, available on http://www.regulations.gov at Docket No. FWS-R9-MB-2011-0054 and on our Web 
site at: http://www.fws.gov/migratorybirds/BaldAndGoldenEagleManagement.htm.

Public Comments

    You may submit your comments and supporting materials by one of the 
methods listed in ADDRESSES. We request that you submit comments by 
only one method. We will not consider comments sent by email or fax, or 
written comments sent to an address other than the one listed in 
ADDRESSES. If you submit a comment via http://www.regulations.gov, your 
entire comment--including any personal identifying information--will be 
posted on the Web site. If you submit a hardcopy comment that includes 
personal identifying information, you may request that we withhold this 
information from public review, but we cannot guarantee that we will be 
able to do so. We will post all hardcopy comments on http://www.regulations.gov.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection at http://www.regulations.gov, or by 
appointment, during normal business hours, by contacting the person 

    Authority for Part 13: 16 U.S.C. 668a, 704, 712, 742j-l, 
1374(g), 1382, 1538(d), 1539, 1540(f), 3374, 4901-4916; 18 U.S.C. 
42; 19 U.S.C. 1202; 31 U.S.C. 9701.

    Authority for Part 22: 16 U.S.C. 668-668d; 16 U.S.C. 703-712; 16 
U.S.C. 1531-1544.

    Dated: May 1, 2012.
Rachel Jacobson,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2012-11111 Filed 5-8-12; 8:45 am]