New rule would permit thousands of eagle deaths
WASHINGTON — The Obama administration is revising a federal rule that allows wind energy companies to operate high-speed turbines for up to 30 years, even if it means killing or injuring thousands of federally protected bald and golden eagles.
Under the plan announced Wednesday, companies could kill or injure up to 4,200 bald eagles a year without penalty — nearly four times the current limit. Golden eagles could only be killed if companies take steps to minimize the losses, for instance, by retrofitting power poles to reduce the risk of electrocution.
Fish and Wildlife Service Director Dan Ashe said the proposal will “provide a path forward” for maintaining eagle populations while also spurring development of a pollution-free energy source that’s intended to ease global warming, a cornerstone of President Barack Obama’s energy plan.
The proposal sets objectives for eagle management, addresses how bird populations will be monitored and provides a framework for how the permitting system fits within the agency’s overall eagle management, Ashe said.
The Fish and Wildlife Service estimates there are about 143,000 bald eagles in the United States, and 40,000 golden eagles.
Wednesday’s announcement kicks off a 60-day comment period. Officials hope to issue a final rule this fall.
The plan was developed after a federal judge in California blocked a 2013 rule that gave wind energy companies a 30-year pass to kill bald and golden eagles.
U.S. District Judge Lucy Koh ruled last August that the Fish and Wildlife Service failed to follow environmental procedural requirements in issuing the 2013 directive.
The agency classified its action as an administrative change from a 2009 rule, excluding it from a full environmental review.
Golden and bald eagles are not endangered species but are protected under the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act. The laws prohibit killing, selling or otherwise harming eagles, their nests or eggs without a permit.
Under the new proposal, companies would pay a $36,000 fee for a long-term permit allowing them to kill or injure eagles.