PETITION FOR RULEMAKING AND LEGISLATIVE OVERSIGHT: THE SCOUT AMENDMENTS

TO THE DIRECTOR OF THE UNITED STATES FISH AND WILDLIFE SERVICE (USFWS), THE HOUSE COMMITTEE ON NATURAL RESOURCES, AND THE SENATE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS.

I. PREAMBLE & STATEMENT OF FACTS

The undersigned residents of the United States, representing a unified national wildlife advocacy community known as "The Scout Amendments Coalition," submit this statement of facts regarding the tragic and preventable loss of a federally protected species:

Myself and a dedicated community of live-streaming bald eagle nest camera viewers watched helplessly as a bald eaglet, known as Scout (of Falconshire Raptors), suffered severe neglect. Scout was repeatedly attacked and denied food by his sibling, enduring an unusually extended period of aggressive sibling rivalry.

It was during the banding phase—a moment when medical treatment and care undoubtedly would have improved Scout’s chances of survival—that both eaglets were temporarily removed from the nest for banding purposes. This act alone was a clear, undeniable event of human intervention.

Tragically, the severity of Scout's compromised condition and the immediate danger he was in were not adequately assessed. He was returned to the nest only to be left to die, illustrating a significant and fatal gap in the duty of care following federal banding.

The Bald and Golden Eagle Protection Act (BGEPA) was designed to protect bald and golden eagles, a cornerstone species holding deep cultural and ecological significance in America. However, current USFWS regulations do not adequately address post-banding care, leading to preventable fatalities among banded eaglets. This oversight directly contradicts the conservation goals of the Act, risking the lives of these majestic birds at their most vulnerable life stage.

Scout's tragic story serves as a poignant reminder of the action needed to protect these birds and maintain their iconic presence in our national wildlife. Therefore, this petition appeals to the Director of the USFWS to initiate rulemaking to amend the BGEPA regulations (50 CFR § 22.1) and establish a post-banding duty of care to ensure that birds like Scout receive adequate evaluation, protection, and monitoring.

II. THE REGULATORY LOOPHOLE: PERMITTED INTERVENTION

Current USFWS interpretation of the BGEPA draws a rigid distinction between "natural events" and "human-caused events," prohibiting intervention and rescue in the former. This interpretation fails when the agency itself, or researchers operating under a federal permit, have already actively and physically intervened in the nest.

This regulatory failure was starkly demonstrated in May 2026 at a monitored Bald Eagle nest in West Michigan, involving a globally viewed educational live stream. Following the active human intervention of banding, Scout's physical condition visibly and severely declined due to circumstances the USFWS deemed "natural," barring highly qualified local wildlife veterinarians and rehabilitators from intervening under threat of federal permit revocation. While millions watched, Scout suffered a prolonged, painful, and preventable death.

The fundamental flaw is this: The moment a federally permitted individual scales a nest tree, handles a wild eaglet, and attaches a government band, that event is no longer purely natural. The USFWS cannot authorize physical handling and branding, and then retreat behind a definition of "natural causes" when the marked bird declines. This creates a logical, ethical, and practical duty of care that current regulations completely ignore.

III. SPECIFIC REGULATORY DEMANDS: THE "POST-BANDING DUTY OF CARE"

DEMAND 1: THE "POST-BANDING EMERGENCY PROTOCOL"
Amend 50 CFR § 22.1(a) (Interpretation) or § 13.23 (Permit Conditions) to include an explicit clause defining Post-Banding Responsibility:
"The act of physically handling or banding a wild bald eagle chick in a nest, under any research or management permit, constitutes a deliberate intervention in a natural cycle. As a condition of all such federal permits, immediate and ongoing post-intervention monitoring is required. If an eagle chick, during or within a designated window following an official handling or banding event, demonstrates severe, visible distress, mobility decline, or critical health impairment, a post-handling emergency protocol must be established to address the animal's well-being."

DEMAND 2: MANDATORY SECONDARY VETERINARY ASSESSMENT
Establish a new subsection of regulatory guidance or formal policy modification that mandates a secondary evaluation process automatically triggered by the severe decline of a banded chick:
"When an official live stream, publicly monitored nest, or permit holder reports the severe post-handling decline of a banded eaglet, the USFWS regional office must immediately authorize a secondary, emergency evaluation by a licensed and certified wildlife veterinarian or rehabilitator who is geographically accessible. This assessment must prioritize the individual bird's probability of survival, overriding strict non-intervention protocols if a professional medical evaluation determines that immediate care would significantly prevent a fatal outcome."

DEMAND 3: EXPEDITED EMERGENCY AUTHORIZATION FOR LICENSED VETERINARIANS
Modify regional permit protocols to give licensed wildlife rehabilitators and veterinarians localized, expedited emergency authorization, eliminating administrative delays when a bird is visibly suffering:
"Licensed wildlife veterinarians and rehabilitators must be granted an expedited emergency decision-making pathway under their federal permits for already banded or handled eaglets. If (a) a bird has been actively handled or banded within the current nesting cycle, and (b) a local veterinarian certifies that immediate intervention is necessary to prevent severe suffering or imminent death, the USFWS must provide an expedited review within a strict 2-hour window, failing which emergency authorization to remove the bird for stabilization is granted by default."

IV. CONCLUSION AND CALL TO ACTION

We are powerful together, but organized, we are unstoppable. Whether our path forward is taking direct civic action, or quietly holding space and honoring Scout through memory and prayer, we are his voice now. We are his advocates. Let’s do him proud.

We, the undersigned, urge the USFWS Director to launch a formal review and public comment period regarding these proposed amendments to 50 CFR § 22.1. We further urge members of the House Committee on Natural Resources and the Senate Committee on Environment and Public Works to utilize their oversight powers to hold hearings regarding the implementation of the BGEPA in monitored eagle nests.

Scout’s legacy will not be defined by his suffering, but by the systemic changes we achieve together to ensure that no other eaglet is ever left to face a similar, preventable fate while the world is forced to watch.

WE AGREE AND DEMAND THESE SPECIFIC AMENDMENTS.

V. SIGNATURES OF ADVOCACY

[Full Legal Name] | [Physical Address (No P.O. Boxes)] | [City, State, Zip] | [Date] | [Personal Comment / Note]

Originated by The Scout Amendments Coalition

This petition was drafted in loving memory of Scout by a unified community of wildlife advocates. We grant blanket permission to all individuals, rescue organizations, and media outlets to freely copy, distribute, and utilize this text in its entirety to advance the protection of wild raptors. Together, we are Scout’s voice.