31156 Federal Register / Vol. 72, No. 107 / Tuesday, June 5, 2007 / Notices 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

RIN 1018–AT94 

Protection of Eagles; Definition of 

‘‘Disturb’’ 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of availability: Final 

environmental assessment. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service, announce the 

availability of a Final Environmental 

Assessment (FEA) evaluating the 

possible effects of defining ‘‘disturb’’ 

under the Bald and Golden Eagle 

Protection Act (Eagle Act), and a 

Finding of No Significant Impact for the 

preferred alternative. We prepared the 

environmental assessment as part of the 

National Environmental Policy Act 

process. Based on public comments 

received on the draft environmental 

assessment (DEA) and proposed rule 

defining disturb, we modified the 

preferred alternative in the FEA, and 

have adopted the modified version of 

the preferred alternative as the final 

definition of ‘‘disturb’’ under the Eagle 

Act. The final rule codifying the 

definition of ‘‘disturb’’ is published 

elsewhere in today’s Federal Register. 

ADDRESSES: You may obtain a copy of 

this FEA by visiting our Web site at 

http://www.fws.gov/migratorybirds/ or 

by contacting the person listed under 

FOR FURTHER INFORMATION CONTACT. 

FOR FURTHER INFORMATION CONTACT: 

Eliza Savage, Division of Migratory Bird 

Management, U.S. Fish and Wildlife 

Service, at 703–358–2329, or via e-mail 

at Eliza_Savage@fws.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On February 16, 2006, we published 

in the Federal Register a proposed rule 

(71 FR 8265) to define ‘‘disturb’’ under 

the Eagle Act (16 U.S.C. 668–668d). The 

proposed rule would add a definition 

for ‘‘disturb’’ to regulations at 50 CFR 

22.3 in anticipation of possible removal 

(delisting) of the bald eagle in the 48 

contiguous States from the List of 

Endangered and Threatened Wildlife 

under the Endangered Species Act (16 

U.S.C. 1531 et seq.). If the bald eagle is 

delisted, the Eagle Act will become the 

primary law protecting bald eagles. The 

rule sought to define the term ‘‘disturb’’ 

in a manner consistent with the 

language and intent of the Eagle Act and 

thereby provide a predictable standard 

to guide bald eagle management 

following delisting. We opened a public 

comment period on the proposed rule 

until May 17, 2006. On May 16, 2006, 

we published a notice extending the 

comment period until June 19, 2006 (71 

FR 28294). 

On December 12, 2006, we announced 

the availability of a DEA of our 

proposed definition of ‘‘disturb’’ 

through a notice in the Federal Register 

(71 FR 74483). In the DEA, we 

considered a definition slightly 

modified from the definition proposed 

in February 2006 as our preferred 

alternative. The definition was 

reworded for purposes of clarity, and 

included a definition of ‘‘injury,’’ a term 

used in the definition of ‘‘disturb.’’ 

During this round of public comment, 

we received 1,977 comments, 

approximately 1,875 of which were very 

similar. We considered all comments, 

and the definition of ‘‘disturb’’ we are 

codifying in our rulemaking (the 

preferred alternative of the FEA) is a 

modification of the definition we 

identified as our preferred alternative in 

the DEA. The final rule codifying the 

definition of ‘‘disturb’’ is published 

elsewhere in today’s Federal Register. 

In the FEA, under Alternative 1, we 

would not define ‘‘disturb.’’ Disturbance 

would remain a prohibited act under the 

Bald and Golden Eagle Protection Act 

(16 U.S.C. 668–668d), without further 

regulatory interpretation. Under 

Alternative 2, the definition of ‘‘disturb’’ 

would be based on immediate effects to 

individual birds. We would define 

‘‘disturb’’ as having a direct effect, as 

evinced by immediate behavioral 

response on the part of a bald eagle or 

a golden eagle, without consideration 

for secondary, biologically significant 

events. Alternative 4 would define 

‘‘disturb’’ such that the disturbing 

action must be intentionally directed at 

eagles and cause injury or death. The 

preferred alternative (Alternative 3) 

defines ‘‘disturb’’ to encompass effects 

to individual birds that are likely to 

result in an adverse biological impact: 

‘‘Disturb means to agitate or bother a bald 

or golden eagle to a degree that causes, or is 

likely to cause, based on the best scientific 

information available, (1) injury to an eagle, 

(2) a decrease in its productivity, by 

substantially interfering with normal 

breeding, feeding, or sheltering behavior, or 

(3) nest abandonment, by substantially 

interfering with normal breeding, feeding, or 

sheltering behavior.’’ 

Dated: May 16, 2007. 

Todd Willens, 

Acting Assistant Secretary for Fish and 

Wildlife and Parks. 

[FR Doc. 07–2696 Filed 6–4–07; 8:45 am] 

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DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

National Bald Eagle Management 

Guidelines 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of availability. 

SUMMARY: This notice advises the public 

that National Bald Eagle Management 

Guidelines are available to the public. 

ADDRESSES: Copies of the National Bald 

Eagle Management Guidelines can be 

obtained by writing to: Eliza Savage, 

U.S. Fish and Wildlife Service, Division 

of Migratory Bird Management, 4401 

North Fairfax Drive, Mail Stop MBSP– 

4107, Arlington, VA 22203. The 

guidelines may also be obtained via the 

Internet at: http://www.fws.gov/ 

migratorybirds/baldeagle.html. 

FOR FURTHER INFORMATION CONTACT: 

Eliza Savage, Division of Migratory Bird 

Management, (see ADDRESSES section); 

or via e-mail at: Eliza_Savage@fws.gov; 

telephone: (703) 358–2329; or facsimile: 

(703) 358–2217. 

SUPPLEMENTARY INFORMATION: In 

anticipation of the possible removal of 

the bald eagle from the list of threatened 

species under the Endangered Species 

Act (16 U.S.C. 1531 et seq.), the Service 

has developed National Bald Eagle 

Management Guidelines to provide 

guidance to land managers, landowners, 

and others as to how to avoid disturbing 

bald eagles. After delisting, the Bald and 

Golden Eagle Protection Act (Eagle Act) 

(16 U.S.C. 668–668d) becomes the 

primary law protecting bald eagles. The 

Eagle Act prohibits take of bald and 

golden eagles and provides a statutory 

definition of ‘‘take’’ that includes 

‘‘disturb.’’ 

The Service developed National Bald 

Eagle Management Guidelines, a draft of 

which was made available for public 

comment February 16, 2006 (71 FR 

8309). We received 86 comments on the 

guidelines, which we took into 

consideration in developing this final 

document. The guidelines provide the 

public information to help prevent 

disturbance of bald eagles and 

recommend additional non-binding 

practices that can benefit bald eagles. 

In addition to this notice, the Service 

is publishing three related documents 

elsewhere in today’s Federal Register: a 

final rule, codifying the Eagle Act 

definition of ‘‘disturb’’; a notice of 

availability of the final environmental 

assessment for the definition of 

‘‘disturb’’; and a proposed rule to codify 

additional take authorizations under the 

Eagle Act. 


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Federal Register / Vol. 72, No. 107 / Tuesday, June 5, 2007 / Notices 31157 

Dated: May 16, 2007. 

Todd Willens, 

Acting Assistant Secretary for Fish and 

Wildlife and Parks. 

[FR Doc. 07–2695 Filed 6–4–07; 8:45 am] 

BILLING CODE 4310–55–P 


jlentini on PROD1PC65 with NOTICES2