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Page 4 <br />The Bald and Golden Eagle Protection Act (BGEPA): <br />The BGEPA prohibits individuals and companies from knowingly. or with wanton disregard for <br />the consequences of the Act. taking any bald or golden eagles or their body parts. nests. chicks. <br />or eggs, which includes collection. molestation. disturbance. or killing. The BGEPA affords <br />eagles additional protections beyond those provided by the MBIA by making it unlawful to <br />"disturb" eagles. "Disturb- means to agitate or bother a bald or golden eagle to a degree that <br />causes. or is likely to cause. injury to an eagle or decreases its productivity or results in nest <br />abandonment due to interference with breeding, feeding. or sheltering behaviors. A permitting <br />process provides limited exceptions to the BGEPA's prohibitions and the Service has issued <br />regulations concerning the permit procedures in 50 CFR Part 22. <br />Removing nests. destroying nests. or causing nest abandonment may constitute a violation of the <br />MI3'fA and l3GEPA. Removal of any active migratory bird nest or nest tree is prohibited. For <br />golden eagles. permits for inactive nests are restricted to acti\ itics involving resource extraction <br />for human health and safety. No permits will be issued for any active nest of any migratory bird <br />species. unless removal of'the active nest is necessary for reasons of human health and safety. <br />Theretbre, if nesting migratory birds are present within or near the project area, timing of <br />activities is a significant consideration and should he addressed in the early phases of project <br />planning. Nest manipulation is not allowed without a permit. Ifa permit cannot be issued, your <br />project may need to be modified to ensure that take of any migratory bird. eagle. young, eggs, or <br />nests will not occur. <br />Recommendations for migratory birds and eagles: <br />To minimize impacts to migratory birds, the Service recommends that construction occur outside <br />the typical breeding season for migratory birds. Although the provisions of the MBTA apply <br />year-round, most nesting activity occurs between April 1 and July 15. However, some migratory <br />birds nest outside of this loosely defined period. If proposed activities must occur during the <br />nesting season, or at any other time that may result in the take of migratory birds or eagles, the <br />Service recommends that qualified biologists conduct pre -work field surveys of the affected <br />habitats or structures. during the nesting season. to verify the presence or absence of migratory <br />birds and eagles. Contact the Service's Colorado Field Office at the letterhead address for <br />guidance if project activities may affect birds or nests. <br />Enclosed. please find a copy of Colorado Parks and Wildlife's "Recommended Buffer Zones and <br />Seasonal Restrictions for Colorado Raptors' (2008). We recommend reviewing these guidelines <br />and incorporating the seasonal and buffer restrictions into your project design to avoid and <br />minimize impacts to raptors and other migratory birds protected by the MBTA. <br />It is not possible to absolve individuals. companies. or agencies from liability under the MBTA <br />or BGEPA. even if they implement the guidelines or similar protective measures at their <br />facilities. However. the Service's Office of Law Enforcement focuses its resources on <br />investigating and prosecuting individuals and companies that take migratory birds without <br />identifying and implementing all reasonable prudent and effective measures to avoid that take. It <br />remains the applicant's responsibility to minimize the effects of their projects on migratory birds <br />and other resources. For more information on M131'A and BGEPA regulations and their <br />