April 20, 2017; FWC Bald Eagle Rule Revision

On April 20, 2017 the FWC approved a proposed rule revision that eliminates the need to obtain a state permit to impact bald eagles or their nests. A permit is still required from the USFWS however, this eliminates duplicative permitting. The effective date of the rule (shown below) is June 22, 2017.

68A-16.002 Bald Eagle (Haliaeetus leucocephalus).

(1) No person shall take, feed, disturb, possess, sell, purchase or barter any bald eagle or parts thereof, or their nests or eggs, or attempt to engage in any such conduct, except when such conduct is authorized by the U.S. Fish and Wildlife Service.
(2) For purposes of this section, the term “disturb” is defined as, “To agitate or bother a bald eagle to the degree that causes, or is likely to cause (a) injury to an eagle, (b) a decrease in its productivity, by substantially interfering with normal breeding, feeding, or sheltering behavior, or (c) nest abandonment, by substantially interfering with normal breeding, feeding, or sheltering behavior.”
(3) On public land, it is unlawful for any person to knowingly enter any area posted as closed for the protection of bald eagles, their nests, or their nest trees, except the staff or authorized agents of the managing public entity for that area, or as authorized pursuant to subsection (1).

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.2223 FS. History–New 5-15-08, Amended 6-22-17.

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