Bald Eagle Delisting Guidance

United States Department of the Interior
BUREAU OF LAND MANAGEMENT
Wyoming State Office

P.O. Box 1828

Cheyenne, Wyoming 82003-1828

In Reply Refer To:
6840 (930) P
September 4, 2007
Instruction Memorandum No. WY-2007-037
Expires: 9/30/2008
To: Field Managers
Attn: Wildlife Biologists and Minerals Staffs
From: Associate State Director
Subject: Bald Eagle Delisting Guidance
Purpose: This Instruction Memorandum (IM) will provide interim guidance for the
management of bald eagles beginning September 4, 2007, until the U.S Fish and Wildlife
Service (FWS) issues final management guidance for the bald eagle.
Policy/Action: On July 9, 2007, the FWS published the final rule in the Federal Register,
removing the bald eagle from the list of endangered and threatened wildlife, effective August 8,
2007. The bald eagle is no longer protected under the ESA, but is still be subject to protection
under both the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection
Act (BGEPA). The BLM in Wyoming has required management practices designed to
minimize or eliminate potential impacts to bald eagles and their habitat on actions authorized by
the BLM under the ESA. The National Office of the FWS is developing a process to allow for
the “take” of bald eagles under the BGEPA and the Wyoming FWS Field Office is preparing a
Bald Eagle Guidelines document specific to the habitat requirements of bald eagles in
Wyoming. A deadline has not been established by the FWS for either of these documents.
Until these documents are complete (interim period) to guide the BLM on how to properly
manage bald eagles to remain in compliance of the MBTA or the BGEPA, Wyoming BLM will
continue to apply protective measures (terms and conditions) found in the Statewide Bald Eagle
Programmatic Biological Opinion (BO) at
http://www.blm.gov/wy/st/en/programs/Wildlife/baldeagle.html, or other valid BOs to
safeguard bald eagles and their nesting and roosting habitats when authorizing various actions.
IM WY-2004-051, instructed Resource Management Plan Maintenance Actions is taken to
incorporate the Statewide Bald Eagle Programmatic BO. When guidance and a BGEPA
permitting process are completed by the FWS, additional information will be disseminated.
Questions regarding this IM should be directed to Jeff Carroll, Wyoming BLM State Office,
T&E Species Coordinator at (307) 775-6090 (Jeff_Carroll@blm.gov).
/s/ James K. Murkin
Acting