Keith Mack
The feeding of eagles is prohibited under state and federal law. Bald eagles, the national symbol of the United States, were once in danger of extinction. However, they were removed from the federal list of threatened and endangered species in 2007. While no longer protected under the Endangered Species Act, they are still protected by two federal laws: the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. These laws prohibit the take and possession of eagles, their parts, nests, and eggs without a permit. The term “disturb” is defined as agitating or bothering an eagle to the degree that causes injury, decreases productivity, or leads to nest abandonment. Feeding eagles can disrupt their normal feeding habits and potentially cause injury or death, which is prohibited by the Eagle Act.
| Characteristics | Values |
|---|---|
| Federal laws protecting eagles | Migratory Bird Treaty Act, Bald and Golden Eagle Protection Act, Lacey Act, Eagle Act, Endangered Species Act |
| Feeding eagles | Prohibited under state and federal law |
| Eagle parts and feathers | Can be possessed for religious purposes and lawful activities with a permit |
| Eagle nests | Protected under the Eagle Act; permits are required to remove or relocate them |
| Human activities | Must not disrupt eagles at nests, foraging areas, and important roosts |
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Feeding eagles is prohibited under federal law
The term "take" is defined in the Act as pursuing, shooting, poisoning, wounding, killing, capturing, trapping, collecting, destroying, molesting, or disturbing eagles. Disturbance is defined as agitating or bothering an eagle to the degree that causes or is likely to cause injury, decrease in productivity, or nest abandonment. This includes interfering with normal breeding, feeding, or sheltering habits.
Federal laws governing protected species, such as eagles, are in place to ensure their conservation and protection. The Bald and Golden Eagle Protection Act is just one example of such laws, which also include the Migratory Bird Treaty Act and the Lacey Act. These laws aim to prevent activities that could harm eagle populations and their habitats.
While feeding eagles is prohibited under federal law, there are some exceptions. Native American tribes, for example, can obtain permits to possess live eagles for religious activities. These permits allow tribes to have human contact with live eagles and to use feathers for religious purposes. However, even with these permits, there are still restrictions on activities such as feeding and human interaction.
It is important to note that state laws may also provide additional protection for eagles, and it is recommended to refer to the specific laws and regulations in your state regarding eagle protection and conservation.
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Permits are required to possess eagle parts and feathers
The Bald and Golden Eagle Protection Act, enacted in 1940, prohibits anyone without a permit issued by the Secretary of the Interior from "taking" bald or golden eagles, including their parts (feathers), nests, or eggs. The Act provides criminal penalties for those who "take, possess, sell, purchase, barter, offer to sell, purchase or barter, transport, export or import" bald eagles or their parts.
The Act has been amended several times, and in 2007, the USFWS removed the Bald Eagle from the list of federally endangered and threatened species. While no longer protected under the Endangered Species Act, Bald Eagles are still protected by the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act (Eagle Act).
Both the Migratory Bird Treaty Act and the Eagle Act prohibit the collection or possession of eagles, their parts, feathers, nests, and eggs without a permit. The Eagle Act establishes a take permit, allowing the take of bald and golden eagles under certain conditions, including requirements for conservation measures and monitoring.
Native American tribes can obtain permits to possess lawfully obtained live bald or golden eagles and their feathers for religious activities. To be eligible, tribal entities must be registered and receive services from the United States Bureau of Indian Affairs. The Federal Eagle Aviary houses non-releasable eagles for the religious purposes of Native Americans, providing feathers through moulting.
The National Eagle Repository is another facility that receives, evaluates, stores, and distributes dead golden and bald eagles, parts, and feathers to Native Americans and Alaska Natives. The FWS also permits repositories to salvage and obtain migratory bird feathers, carcasses, and parts to issue to federally enrolled Native Americans.
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Bald eagles are no longer federally endangered
Bald eagles, the national bird of the United States, are no longer considered a federally endangered species. In 1963, only 487 nesting pairs of bald eagles were reported in the U.S. and their numbers continued to decline over the years due to habitat destruction, illegal shooting, and contamination of their food source by the pesticide DDT.
The Bald Eagle Protection Act, enacted in 1940, prohibited the killing or possession of bald eagles and their feathers, eggs, or nests. However, it wasn't until the 1960s and 1970s, when Bald Eagles became symbols of the environmental movement, that their numbers began to rebound. The federal ban on DDT and protection under the Endangered Species Act played a crucial role in their recovery.
In 2007, the bald eagle was officially removed from the Federal Endangered and Threatened Species List. This decision was based on decades of conservation work and protection, as well as population surveys and nest counts conducted by organizations like the Virginia DWR. The bald eagle's delisting is considered a significant milestone and a success story for wildlife conservation and the Endangered Species Act.
Despite no longer being federally endangered, bald eagles continue to be protected by several laws and acts, including the Bald and Golden Eagle Protection Act, the Migratory Bird Treaty Act, and the Lacey Act. These laws ensure that human activities do not disturb or harm bald eagles and their habitats. The protection and recovery of bald eagles showcase the positive impact of conservation efforts and the importance of safeguarding our nation's iconic species.
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The Eagle Act prohibits take of eagles
The Bald and Golden Eagle Protection Act, enacted in 1940, prohibits anyone without a permit from the Secretary of the Interior from "taking" bald or golden eagles, including their parts (feathers), nests, or eggs. The Act provides criminal penalties for those who "take, possess, sell, purchase, barter, offer to sell, purchase or barter, transport, export or import" bald eagles. The Eagle Act's stated goal is the preservation of bald and golden eagles, and it accords protection to eagle nests, important foraging areas, and communal roost sites, as their loss could disturb or kill eagles.
The term "disturb" is defined as "to agitate or bother a bald or golden eagle to the degree that interferes with or interrupts normal breeding, feeding, or sheltering habits, causing injury, death, or nest abandonment." This definition covers immediate impacts and also addresses human-induced alterations to nest sites that may affect eagles upon their return, including disruptions to feeding habits.
Permits can be obtained to possess eagle parts and feathers for religious purposes and lawful activities, including religious activities of Native American tribes. The Federal Eagle Aviary houses non-releasable eagles for the religious purposes of Native Americans, providing an additional source of feathers through moulting. The National Eagle Repository is another facility that receives, evaluates, stores, and distributes dead eagles, parts, and feathers to Native Americans and Alaska Natives.
The Bald and Golden Eagle Protection Act has been amended over time, and in 2009, it allowed permits for limited, non-purposeful take of eagles by individuals, companies, and government agencies conducting lawful activities. This was done to avoid exposing operators to criminal liability, as wind turbines, for example, can injure or kill eagles.
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The definition of disturb under the Eagle Act
The Bald and Golden Eagle Protection Act, enacted in 1940, prohibits anyone, without a permit issued by the Secretary of the Interior, from "taking" bald or golden eagles, including their parts (feathers, nests, or eggs). The Act provides criminal penalties for persons who "take, possess, sell, purchase, barter, offer to sell, purchase or barter, transport, export or import" bald eagles. The Act also makes it possible to obtain a permit to move from operating utilities and airports.
The Eagle Act prohibits the unregulated take of bald and golden eagles and provides a statutory definition of "take" that includes "disturb." Disturbance of eagles is prohibited under the law, and the rule defines "disturb" as "to agitate or bother a bald or golden eagle to a degree that causes, or is likely to cause, based on the best scientific information available, 1) injury to an eagle, 2) a decrease in its productivity, by substantially interfering with normal breeding, feeding, or sheltering behavior, or 3) nest abandonment, by substantially interfering with normal breeding, feeding, or sheltering behavior."
The definition of "disturb" was modified in 2007 to address concerns about enforceability and predictability. The final definition includes the phrase "or is likely to cause," meaning that all actions that are likely to cause injury, loss of productivity, or nest abandonment by agitating and interfering with eagles will constitute a disturbance, regardless of whether the harm is documented. This modification reduces uncertainty, adds clarity, and appropriately implements the Eagle Act.
The definition of "disturb" under the Eagle Act applies to eagles in Alaska and the 48 contiguous states, excluding Hawaii. The Act aims to provide clear guidance to all parties engaging in activities that could potentially disturb eagles and reduce the costs of complying with the Eagle Act by enhancing the resolution of potential conflicts between human activities and eagles.
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Frequently asked questions
No, feeding eagles is prohibited under federal law. However, permits can be obtained to possess eagle parts and feathers for religious purposes and lawful activities.
Feeding eagles is a federal offense and can result in criminal penalties. The Bald and Golden Eagle Protection Act provides criminal penalties for persons who feed eagles without a permit.
Native American tribes can obtain a permit to possess live bald or golden eagles for religious activities. To be eligible, tribal entities must be registered and receiving services from the United States Bureau of Indian Affairs.
