Bald and Golden Eagle Protection Act
Encyclopedia
The Bald and Golden Eagle Protection Act (16 U.S.C.
668-668d) is a legislation in the United States of America that protects two species of eagle. The Bald Eagle
was chosen as a national emblem of the United States by the Continental Congress
of 1782 and was given legal protection by the Bald Eagle Protection Act of 1940. This act was expanded to include the Golden Eagle
in 1962. Since the original Act, the Bald and Golden Eagle Protection Act has been amended several times. It currently prohibits anyone, without a permit
issued by the Secretary of the Interior
, from "taking" bald eagles
. Taking is described to include their parts, nests, or eggs, molesting or disturbing the birds. The Act provides criminal penalties for persons who "take, possess, sell, purchase, barter, offer to sell, purchase or barter, transport, export or import, at any time or any manner, any bald eagle ... [or any golden eagle], alive or dead, or any part, nest, or egg thereof."
In addition to direct actions on the birds, the act also covers disturbance that may result from human-induced changes to the traditional nest sites as such changes may interfere or interrupt their normal behaviour and cause them to abandon their nests.
A violation of the Act can result in a fine of $100,000 ($200,000 for organizations), imprisonment for one year, or both, for a first offense
. Penalties increase substantially for additional offenses, and a second violation of this Act is a felony
.
at Montana
which then extracts feathers and other parts from them and makes them available to Native American religious practioners who file applications to obtain them.
Initiatives in renewable energy particularly the wind energy industry has found the law a hindrance. Wind turbines can result in bird mortality and although there are attempts to reduce their environmental impacts, the risk to eagles makes them potential violators of the Act. A draft of guidelines for the wind energy industry to incorporate means for applying for "incidental take" permits was released in 2011 by the US Fish and Wildlife Service.
United States Code
The Code of Laws of the United States of America is a compilation and codification of the general and permanent federal laws of the United States...
668-668d) is a legislation in the United States of America that protects two species of eagle. The Bald Eagle
Bald Eagle
The Bald Eagle is a bird of prey found in North America. It is the national bird and symbol of the United States of America. This sea eagle has two known sub-species and forms a species pair with the White-tailed Eagle...
was chosen as a national emblem of the United States by the Continental Congress
Continental Congress
The Continental Congress was a convention of delegates called together from the Thirteen Colonies that became the governing body of the United States during the American Revolution....
of 1782 and was given legal protection by the Bald Eagle Protection Act of 1940. This act was expanded to include the Golden Eagle
Golden Eagle
The Golden Eagle is one of the best known birds of prey in the Northern Hemisphere. Like all eagles, it belongs to the family Accipitridae. Once widespread across the Holarctic, it has disappeared from many of the more heavily populated areas...
in 1962. Since the original Act, the Bald and Golden Eagle Protection Act has been amended several times. It currently prohibits anyone, without a permit
Permit
Permit may refer to:*Permit *Various legal licenses:*License*Work permit*Learner's permit*Permit to travel*Construction permit*Home Return Permit*One-way Permit*Permit is the common name for the Trachinotus falcatus, a type of Pompano....
issued by the Secretary of the Interior
United States Secretary of the Interior
The United States Secretary of the Interior is the head of the United States Department of the Interior.The US Department of the Interior should not be confused with the concept of Ministries of the Interior as used in other countries...
, from "taking" bald eagles
Bald Eagle
The Bald Eagle is a bird of prey found in North America. It is the national bird and symbol of the United States of America. This sea eagle has two known sub-species and forms a species pair with the White-tailed Eagle...
. Taking is described to include their parts, nests, or eggs, molesting or disturbing the birds. The Act provides criminal penalties for persons who "take, possess, sell, purchase, barter, offer to sell, purchase or barter, transport, export or import, at any time or any manner, any bald eagle ... [or any golden eagle], alive or dead, or any part, nest, or egg thereof."
In addition to direct actions on the birds, the act also covers disturbance that may result from human-induced changes to the traditional nest sites as such changes may interfere or interrupt their normal behaviour and cause them to abandon their nests.
A violation of the Act can result in a fine of $100,000 ($200,000 for organizations), imprisonment for one year, or both, for a first offense
First Offense
First Offense is the debut album by Corey Hart, released in 1983. It featured the hit singles "Sunglasses at Night" and the ballad "It Ain't Enough"...
. Penalties increase substantially for additional offenses, and a second violation of this Act is a felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
.
Conflict with culture and industry
The Act does not make exceptions for religious use of eagle parts such as feathers and Native Americans who traditionally make use of such parts would require to apply for a permit to obtain them. Even the posession of feathers requires valid permits. Dead eagles recovered by the Fish and Wildlife Service are sent to the National Eagle RepositoryNational Eagle Repository
The National Eagle Repository is operated and managed under the Office of Law Enforcement of the United States Fish and Wildlife Service located at the Rocky Mountain Arsenal National Wildlife Refuge outside of Denver, Colorado. It serves as central location for the receipt, storage, and...
at Montana
Montana
Montana is a state in the Western United States. The western third of Montana contains numerous mountain ranges. Smaller, "island ranges" are found in the central third of the state, for a total of 77 named ranges of the Rocky Mountains. This geographical fact is reflected in the state's name,...
which then extracts feathers and other parts from them and makes them available to Native American religious practioners who file applications to obtain them.
Initiatives in renewable energy particularly the wind energy industry has found the law a hindrance. Wind turbines can result in bird mortality and although there are attempts to reduce their environmental impacts, the risk to eagles makes them potential violators of the Act. A draft of guidelines for the wind energy industry to incorporate means for applying for "incidental take" permits was released in 2011 by the US Fish and Wildlife Service.