3-200-72 Eagle Nest Take

Eagle Take Permits, 50 CFR 22.26 and 22.27

3-200-72

Application for Programmatic Permit (Govt)

OMB: 1018-0136

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Department of the Interior
U.S. Fish and Wildlife Service
Federal Fish and Wildlife Permit Application Form

Return to: Migratory Bird Permit Office
U.S. Fish and Wildlife Service
[address]
[address]
[phone]

Type of Activity:
Eagle Nest Take

Complete section A or B, and sections C and D of this application. See attached Permit Application Instructions.

A.

Complete if applying as an individual

1.a. Last name:

1.b. First name:

1.c. Middle name or initial:

1.e Doing business as (dba):

2.a. Mailing Address (line 1):

2.b. Mailing Address (line 2):

2.c. Mailing Address (line 3):

3.e. Zip code/postal code :

3.a. City:

3.b County:

3.b. Country:

6. Occupation:

1.d. Suffix

3.c Province:

4. Date of birth (mm/dd/yyyy):

3.d. State:

5. Social Security No:

7. List of any business, agency, organizational, or institutional affiliation associated with the wildlife or plants to
be covered by this permit:

8. Home telephone number:

B.

9. Work telephone number:

10. Fax number:

11. E-mail address:

Complete if applying as a business, corporation, public agency or institution

1.a. Name of business, agency, or institution:

3.a. Mailing address (line 1):

1.b. Doing business as (dba):

3.b. Mailing address (line 2):

4.a. City:

4.b. County

2. Tax identification no.:

3.c. Mailing address (line 3):

4.c. State:

4.d. Zip code:

5.a. Principal officer - Last name:

5.b. First name:

5.e. Principal officer title:

6. Describe the type of business, agency, or institution and provide state of incorporation:

7. Home telephone number:

8. Work telephone number:

C

9. Fax number:

5.c. Middle name or initial

5.d. Suffix

10. E-mail address:

All applicants complete

1. Do you currently have or have you had any federal fish and wildlife permits? (For simplification, all licenses, permits, registrations, and certificates

will be referred to as a permit.)
Yes

If yes, list the number(s) of the most current permit you have held:

No

2. Application fee: Enclose a check or money order payable to the U.S. Fish and Wildlife Service in the amount of $500.00 (standard) or $1,000

(programmatic) if you are applying for a new permit and $150.00 (standard) or $500 (programmatic) if you are requesting a substantive amendment
of your existing valid permit. Federal, tribal, state, and local government agencies, and individuals and institutions acting on behalf of such
agencies, are exempt from the application processing fee upon submission of a letter (on agency letterhead) certifying that the applicant is acting on
behalf of the government agency (50 CFR 13.11(d)).
3. Certification: I hereby certify that I have read and am familiar with the regulations contained in Title 50, Part 13, of the Code of Federal
Regulations and the other applicable parts in subchapter B of Chapter I of Title 50. I certify that the information submitted in this application for a
permit is complete and accurate to the best of my knowledge and belief. I understand that any false statement herein may subject me to the criminal
penalties of 18 U.S.C. 1001.
________________________________________________________________________________________

________________________

Signature (in blue ink) of applicant/person responsible for permit. (No Photocopies or stamped signatures)

Date of signature (mm/dd/yyyy)

Form 3-200-72

Please continue to Section D on next page

Page 1of 2

E. EAGLE NEST TAKE (Eagle Act, 50 CFR 22.27)
An eagle nest take permit authorizes the removal of bald eagle or golden nests for human safety, the safety of
eagles, or the public’s welfare. Permits may be issued to individuals, agencies, businesses, and other
organizations. Please read “What You Should Know About An Eagle Nest Take Permit” and the pertinent
regulations at 50 CFR 21.27 before you sign and submit your application.
Provide the following information on a separate sheet of paper. Please be as specific as possible in your
responses to the questions. Please do not send pages that are over 8.5”X11”, videotapes, or DVDs. Except for
immediate safety emergencies, we strongly recommend that you submit your application at least 60 days prior
to the date that you need your permit, as required by 50 CFR 13.11(c).
1.

A description of the situation that necessitates removal of the eagle nest(s), including:
(A) 1.The number of nests proposed to be taken;
2. Whether the nest(s) is a bald eagle or golden eagle nest; and
3. Whether the nest(s) is active or inactive. (An active nest may only be taken to alleviate an immediate
safety emergency.)
(B) Is the nest take necessary to alleviate safety concerns?

F Yes

F No

1. If Yes, describe the safety emergency and why removal of the nest is necessary to alleviate it.
2. If No, Provide the following:
a. An explanation for why removal of the nest is necessary to protect the public’s welfare. (“Necessary to
protect the public’s welfare” is defined in the implementing regulations at 50 CFR 22.26(a) as “needed
in order to maintain society’s well-being in matters of health, safety and order.”)
b. A calculation of the bald eagle or golden eagle area nesting population, including an appropriately
scaled map or plat showing the location of each eagle nest used to calculate the area nesting population
unless the Service has sufficient data to independently calculate the area nesting population.
c. A description of the avoidance, minimization, and mitigation measures you will undertake to reduce
take and offset the detrimental impact of the permitted activity.
(C) A description of the property, including maps and digital photographs that show the location of the nest in
relation to buildings, infrastructure, and human activities;
(D) The location of the property, including latitude and longitude;
(E) The length of time for which the permit is requested, including beginning and ending dates; and
(F) A statement indicating the intended disposition of the nest, and if active, the nestlings or eggs.
2. You must retain records relating to the activities conducted under your permit for at least 5 years from the date of
expiration of the permit. Please provide the address where these records will be kept.
3. Have you obtained all required state, federal or foreign government approval(s) to conduct the activity you
propose?
Yes F If yes, provide a copy of the approval(s).
Have applied F
Not required F

Form 3-200-72

Page 2 of 2

PERMIT APPLICATION FORM INSTRUCTIONS
The following instructions pertain to the standard Permit Form 3-200 that must be completed as an application for a U.S. Fish and
Wildlife Service permit. The General Permit Procedures in 50 CFR 13 address the permitting process. For simplification, all licenses,
permits, registrations, and certificates will be referred to as a permit.
•

Complete section A or B, and sections C and D of the application. Print clearly or type in the information. An incomplete or
unclear application may cause delays in processing or may be returned to the applicant.

•

Provide any required additional information or attachments outlined in section D of the application form. Be as complete and
descriptive as possible. If there is any doubt as to the information's relevance, include it with the application.

•

Sign the application in blue ink and send the original to the address at the top of the application. Faxes or copies of the
original signature will not be accepted.

•

Please plan ahead. Allow at least 60 days for your application to be processed (50 CFR 13.11). Some applications may take
longer than 90 days to process. Applications are processed in the order they are received.

•

Additional forms and instructions, as well as regulations, are available on the Internet at http://permits.fws.gov/.

Most of the application form is self-explanatory, but the following provides some assistance for completing the form.
COMPLETE EITHER SECTION A OR SECTION B:
Section A.

"Complete if applying as an individual" - Enter the complete name of the responsible individual who will be the
permittee if a permit is issued. Enter personal information that identifies the applicant. All blocks must be completed. If

you are applying as an individual but conducting permitted activities as a business, provide the name of the
business. If you are applying on behalf of a client, the personal information must pertain to the client. A document
evidencing power of attorney must be included with the application.
Section B.

"Complete if applying as a business, corporation, public agency, or institution" - Enter the complete name and
address of the business, agency, institution, or other organization that will be the permittee if a permit is issued. Give a
brief description of the type of business or activity the applicant is engaged in, the name and phone number of the person
in charge (i.e., principal officer), and if the company is incorporated, the state in which it is incorporated.

ALL APPLICANTS COMPLETE SECTION C:
Block C.1

"Do you currently have or have you had any federal fish and wildlife permits? List the number(s) of your most
current FWS or CITES permit or the number of the most recent permit if none are currently valid. (Do not list permits of
others under which you acted as a subpermittee or agent.)

Block C.2

"Application fee:” - You must enclose a permit processing fee unless you are fee exempt. Consult the Application
Processing Fee section on the last page. Make your check or money order payable to the “U.S. Fish and Wildlife
Service” and attach it to the application form. If you are fee exempt, write “EXEMPT” in the fee block and attach proof
of exempt status with your application.

Block C.3

"CERTIFICATION" The individual identified in Section A, the principal officer named in Section B, or person
with a valid power of attorney (documentation must be included in the application) must sign and date the
application in blue ink. This signature binds the applicant to the statement of certification. This means that you certify
that you have read and understand the regulations that apply to the permit. You also certify that everything included in
the application is true to the best of your knowledge. Be sure to read the statement and re-read the application before
signing.

ALL APPLICANTS COMPLETE SECTION D:
Provide any required additional information outlined in Section D of the application form. Be as complete and descriptive as
possible. If there is any doubt as to the information’s relevance, include it with the application.
In response to "Have you obtained all required state, federal or foreign government approval to conduct the activity you
propose?" please be aware that there may be other requirements necessary to conduct this activity, such as local zoning
requirements. If "yes," list the state, federal or foreign countries involved and type of document required. Include a copy of
these documents with the application. If "no," indicate what steps you have taken to secure approval (use attachment if
necessary). If you have applied for the documents, check the “have applied” box and list the state, federal or foreign countries
involved and type of documents required. If the proposed activity is not regulated check "not required."

APPLICATION FOR A FEDERAL FISH AND WILDLIFE PERMIT
Paperwork Reduction Act and the Privacy Act – Notices
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et seq.) and the Privacy Act of 1974 (5 U.S.C. 552a), please
be advised that:
1.

The gathering of information on fish and wildlife is authorized by:
(a) Bald and Golden Eagle Protection Act (16 U.S.C. 668), Title 50, Part 22, of the Code of Federal Regulations (CFR);
(b) Endangered Species Act of 1973 (16 U.S.C. 1531-1544), Title 50, CFR Part 17;
(c) Migratory Bird Treaty Act (16 U.S.C. 703-712), Title 50, CFR Part 21;
(d) Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq. ), Title 50 CFR Part 18
(e) Wild Bird Conservation Act (16 U.S.C. 4901-4916), Title 50, CFR Part 15;
(f)
Lacey Act (18 U.S.C. 42); Injurious Wildlife, Title 50 CFR Part 16;
(g) Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES) (TIAS 8249); Title 50, CFR
Part 23.
(h) General Provisions, Title 50 CFR Part 10;
(i)
General Permit Procedures, Title 50 CFR Part 13; and
(j)
Wildlife (Import/export/transport), Title 50 CFR Part 14.

2.

Information requested in this form is purely voluntary. However, submission of requested information is required in order to
process applications for permits authorized under the above laws. Failure to provide all requested information may be sufficient
cause for the U.S. Fish and Wildlife Service to deny the request. Response is not required unless a currently valid Office of
Management and Budget (OMB) control number is displayed on the form.

3.

Certain applications for permits authorized under the Endangered Species Act of 1973 (16 U.S.C. 1539) and the Marine Mammal
Protection Act of 1972 (16 U.S.C. 1371-1383) will be published in the Federal Register as required by the two laws.

4.

Disclosures outside the Department of the Interior may be made without the consent of an individual if the disclosure is
compatible with the purposes for which the record was collected. (Ref. 68 FR 52611, September 4, 2003)
(a) To subject matter experts, state, federal, local, and foreign agencies for the purpose of obtaining advice relevant to making a
decision on an application for a permit or when necessary to accomplish a FWS function related to this system of records.
(b) To the public as a result of publishing Federal Register notices announcing the receipt of permit applications for public
comment or notice of the decision on a permit application.
(c) To federal, state, local, or foreign wildlife and plant agencies for the exchange of information on permits granted or denied to
assure compliance with all applicable permitting requirements.
(d) Captive-bred Wildlife registrants under the Endangered Species Act for the exchange of authorized species, and to share
information on the captive breeding of these species.
(e) To federal, state, and local authorities who need to know who is permitted to receive and rehabilitate sick, orphaned, and
injured birds under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act; federally permitted
rehabilitators; individuals seeking a permitted rehabilitator with whom to place a bird in need of care; and licensed
veterinarians who receive, treat, or diagnose sick, orphaned, and injured birds.
(f) To the Department of Justice, or a court, adjudicative, or other administrative body or to a party in litigation before a court or
adjudicative or administrative body, under certain circumstances.
(g) To the appropriate federal, state, tribal, local, or foreign governmental agency responsible for investigating, prosecuting,
enforcing, or implementing statutes, rules, or licenses, when we become aware of a violation or potential violation of such
statutes, rules, or licenses, or when we need to monitor activities associated with a permit or regulated use.
(h) To a congressional office in response to an inquiry to the office by the individual to whom the record pertains.
(i) To the General Accounting Office or Congress when the information is required for the evaluation of the permit programs.
(j) To provide addresses obtained from the Internal Revenue Service to debt collection agencies for purposes of locating a debtor
to collect or compromise a Federal claim against the debtor, or to consumer reporting agencies to prepare a commercial credit
report for use by the FWS.

5. For individuals, personal information such as home address and telephone number, financial data, and personal identifiers (social
security number, birth date, etc.) will be removed prior to any release of the application.
6. The public reporting burden on the applicant for information collection varies depending on the activity for which a permit is
requested. The relevant burden for an eagle incidental take application is 6 hours, and 2-6 hours for monitoring and reporting. This
burden estimate includes time for reviewing instructions, gathering and maintaining data and completing and reviewing the form.
You may direct comments regarding the burden estimate or any other aspect of the form to the Service Information Clearance
Officer, U.S. Fish and Wildlife Service, Mail Stop 222, Arlington Square, U.S. Department of the Interior, 1849 C Street, NW,
Washington D.C. 20240.

Form 3-200-72

Freedom of Information Act – Notice
For organizations, businesses, or individuals operating as a business (i.e., permittees not covered by the Privacy Act), we request that
you identify any information that should be considered privileged and confidential business information to allow the Service to meet its
responsibilities under FOIA. Confidential business information must be clearly marked "Business Confidential" at the top of the letter
or page and each succeeding page and must be accompanied by a non-confidential summary of the confidential information. The nonconfidential summary and remaining documents may be made available to the public under FOIA [43 CFR 2.13(c)(4), 43 CFR
2.15(d)(1)(i)].
Application Processing Fee
The fee to process an eagle nest take permit application is $500.00 for a standard permit application and $1,000 for a programmatic permit
application. This fee applies to new permit applications and permit renewals. The fee to process a substantive amendment to an existing
valid standard permit is $150.00. The fee to process a substantive amendment to an existing valid programmatic permit is $150.00.
Substantive amendments are those that pertain to the purpose and conditions of the permit and are not purely administrative. Administrative
changes, such as updating name and address information, are required under 50 CFR 13.23(c), and such amendments do not require a fee.
Checks should be made payable to AU.S. Fish and Wildlife Service.@ The fee does not guarantee the issuance of a permit. It will not be
refunded regardless of whether a permit is issued, abandoned, or denied. We will not refund any application fee under any circumstances if
we have processed the application. However, we may return the application fee if you withdraw the application before we have significantly
processed it. (50 CFR 13.11(d))
The application fee does not apply to any federal, tribal, state, or local government agency or to any individual or institution acting on behalf
of such agency for the proposed activities.

Form 3-200-72


File Typeapplication/pdf
File TitleMicrosoft Word - 3-200-72.doc
AuthorHGrey
File Modified2008-12-17
File Created2008-12-17

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