![]() This was done in part to curb population pressures on golden eagles and to limit the destruction of the bald eagle, which is often mistaken for a golden eagle when it is immature. In 1962, Congress extended the protection under the statute to include the related golden eagle. Not only does legislative history demonstrate a strict prohibition on the sale of eagle parts, but the danger a commercial incentive would place upon the species’ survival has uniformly silenced any challenges to the statute based on the sale of eagles. ![]() While the statute provides a narrow exception for the possession and transportation of eagles or eagle parts obtained before 1940 when the statute was enacted, this does not extend to the sale of those parts. The Eagle Protection Act prohibits any commerce in eagles or their parts, regardless of when the birds were originally taken. Any form of taking or killing an eagle would subject an individual to criminal prosecution and civil penalties. Faced with the prospect of the extinction of the national symbol, Congress specifically sought to protect this national treasure. In 1940, Congress enacted the statue in response to declining numbers of bald eagles due to hunting and habitat encroachment. The Bald and Golden Eagle Protection Act makes it illegal to possess or sell an eagle or any part of an eagle (i.e., feathers, talons, eggs, or nests). Overview of the Bald and Golden Eagle Protection Act Courts are now faced with deciding whether this violates a person’s free exercise of religion. As a result of this change, Native Americans now had to apply for a permit to obtain eagle parts or feathers to use in their religious rituals. The eagle is a central figure in many Native American religions. This last part has created the most controversy. A person must first apply for a permit before permission will be given to possess eagle parts. In addition to adding the golden eagle, Congress also created an exception in the statute to allow people to obtain eagles or their parts for zoos, exhibitions or Native American religious purposes. This was done in part to protect the dwindling population of golden eagles as well as to protect the bald eagle itself, since bald and golden eagles are difficult to distinguish in the wild. The act was amended in 1962 to include the related species of golden eagle. This also includes anything used to possess or trap the birds, including vehicles used in the process. Any eagles or eagle parts that are seized as the result of arrest will be forfeited, or taken, by the government. If a person is convicted, up to $2,500 will be paid to the person who gave the information that led to the conviction.Ī Department of the Interior employee who is authorized to do so may arrest anyone who is seen violating the Act without a warrant. If a person is convicted for two violations under the act, he or she can face an enhanced penalty of up to $10,000 or imprisonment up to two years, or both. Under the criminal penalty portion, a person convicted of violating the Act can be fined up to $5,000 or imprisoned up to a year, or both can occur. The act was amended, or changed, in 1972 to increase the penalty a person will face for violating the Act. Under the Act, a person can face criminal prosecution or a civil penalty (a fine). A farmer or rancher who leases land from the United States for grazing livestock can also lose his or her lease with the government. The act allows a person to possess or transport eagles or eagle parts obtained before the act was established (1940). ![]() This includes not only living eagles, but also their feathers, nests, eggs, or body parts. This act, called the Bald and Golden Eagle Protection Act, made it illegal to possess, sell, hunt, or even offer to sell, hunt or possess bald eagles. ![]() In 1940, Congress passed a law to protect our national symbol, the Bald Eagle. Brief Summary of the Bald and Golden Eagle Protection Act ![]()
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