Laws And Fake Bald Eagles: Who's Protected?

The Bald Eagle Protection Act, passed in 1940, makes it illegal to possess, sell, hunt, or even offer to sell, hunt or possess bald eagles. This includes not only living eagles but also their feathers, nests, eggs, or body parts. The act allows a person to possess or transport eagles or eagle parts obtained before the act was established (1940).

The act was amended in 1962 to include the golden eagle and again in 1972 to increase the penalty for violating the act. Under the criminal penalty portion, a person convicted of violating the act can be fined up to $5,000 or imprisoned for up to a year, or both. If a person is convicted of two violations, they can face an enhanced penalty of up to $10,000 or imprisonment for up to two years, or both.

The act has been amended several times since its enactment and continues to be a strictly enforced statute, despite recent proposals to remove the Bald Eagle from the Endangered Species List.

The Bald Eagle Protection Act of 1940

In 1940, the Bald Eagle was chosen as the 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 and has since been amended several times.

The act provides criminal penalties for those who violate its provisions, including fines of up to $5,000, imprisonment of up to one year, or both. For a second conviction, the penalty increases to a maximum fine of $10,000 and imprisonment of up to two years. The act also includes a reward of up to $2,500 for information leading to a conviction.

In addition to the Bald Eagle Protection Act, the bald eagle is also protected under the Migratory Bird Treaty Act, the Endangered Species Act, and the Lacey Act. These laws provide additional protections for the bald eagle and its habitat, ensuring its conservation and recovery.

The Bald Eagle's status as a national emblem

The bald eagle is a national symbol of the United States, officially adopted in 1782 when it was included in the country's seal. It was chosen as a symbol of strength, courage, freedom, and immortality, and because it is the only eagle indigenous solely to North America.

The bald eagle's role as a national symbol is linked to its inclusion in the Great Seal of the United States. In 1776, after the signing of the Declaration of Independence, the Continental Congress tasked Benjamin Franklin, Thomas Jefferson, and John Adams with designing an official seal for the new nation. The final design was created by Charles Thomson, the secretary of Congress, who combined elements from several earlier designs. Thomson made the eagle more prominent and replaced the small, white eagle in one of the earlier designs with an American bald eagle. The design was adopted by Congress on June 20, 1782.

The bald eagle has appeared on many U.S. coins, including the quarter, silver dollar, and half-dollar, as well as on the one-dollar bill, the president's flag, military insignia, and the House of Representatives mace. It is also featured on several government agency logos, including the Presidential and Supreme Court Seals, and the logos of the Departments of Defense, Commerce, Justice, Labor, and the State Department.

In addition to its symbolic significance, the bald eagle has been protected by several laws due to its endangered status. The Bald Eagle Protection Act, passed in 1940, made it illegal to possess, kill, or sell bald eagles. The Bald and Golden Eagle Protection Act, also enacted in 1940, prohibits anyone without a permit from "taking" bald eagles, including their parts, nests, or eggs. This law has been amended several times to increase penalties and expand protections to include golden eagles. The Migratory Bird Treaty Act, enacted in 1918, also protects bald eagles as migratory birds.

The Migratory Bird Treaty Act

The law makes it illegal to "pursue, hunt, take, capture, kill, possess, sell, purchase, barter, import, export, or transport any migratory bird, or any part, nest, or egg of any such bird," without a permit issued by the Secretary of the Interior. Some regulatory exceptions apply, and "take" is defined as "pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to pursue, hunt, shoot, wound, kill, trap, capture, or collect."

The MBTA specifically prohibits the taking, killing, possession, transportation, and importation of migratory birds, including Bald Eagles. It authorises the Secretary of the Interior to determine if and how migratory birds can be taken and to adopt suitable regulations permitting and governing take, such as hunting seasons for ducks and geese.

Penalties under the MBTA include a maximum of two years' imprisonment and a $250,000 fine for a felony conviction, and six months' imprisonment or a $5,000 fine for a misdemeanour conviction. Fines double if the violator is an organisation rather than an individual.

The MBTA has evolved over time to broaden its international scope and protect additional species. For example, in 1962, it was updated to address how Native American tribes can collect feathers from protected birds for religious ceremonies, a practice otherwise banned by the MBTA. In 1972, eagles, hawks, and other birds were added to the list of protected species.

The Bald Eagle's removal from the endangered species list

The Bald Eagle, a national symbol in the United States, was once in danger of extinction. In 1940, the Bald Eagle Protection Act was passed, which prohibited the killing, selling, or possessing of the species. The law was amended in 1962 to include the golden eagle, and it became the Bald and Golden Eagle Protection Act. Despite this, Bald Eagle populations continued to decline due to habitat destruction, degradation, illegal shooting, and food source contamination by the insecticide DDT.

In 1967, the Secretary of the Interior listed Bald Eagles south of the 40th parallel under the Endangered Species Preservation Act. In 1972, the Environmental Protection Agency banned the use of DDT, and in 1973, the Endangered Species Act (ESA) was passed. In 1978, ESA protection was expanded to include Bald Eagles in all 48 contiguous states. This led to strict protections of eagles' nests and habitats from human disturbance.

By 1997, the Bald Eagle population had increased to more than 5,000 nesting pairs in the lower 48 states. In 1999, the Fish and Wildlife Service proposed "delisting" the Bald Eagle, and in 2007, it was officially removed from the federal endangered species list. This decision was based on the fact that recovery goals had been met, and populations were continuing to rise.

Even after being delisted, Bald Eagles remain protected by the Bald and Golden Eagle Protection Act, which prohibits anyone without a permit from "taking" bald or golden eagles, including their parts, nests, or eggs. "Take" is defined as pursuing, shooting, poisoning, wounding, killing, capturing, trapping, collecting, molesting, or disturbing the eagles. The Act provides criminal penalties for those who violate these provisions, including fines and imprisonment.

The Bald Eagle's recovery is a conservation success story, and efforts continue to ensure the species' long-term survival.

The Bald Eagle's population decline

The bald eagle, the national symbol of the United States, once faced the threat of extinction. The bird's population had declined to a mere 417 known nesting pairs in 1963 in the lower 48 states. This decline was caused by several factors, including habitat destruction, illegal shooting, and contamination of the food source due to the widespread use of the insecticide DDT.

DDT contamination was particularly detrimental, as it caused eagle eggshells to become so thin that they would easily break. By the 1960s, there were fewer than 500 nesting pairs of bald eagles in the lower 48 states, and the species was listed as endangered in 1967.

To address this decline, the Bald Eagle Protection Act was enacted in 1940, making it illegal to kill, disturb, or possess bald eagles or their parts, such as feathers, eggs, and nests. The use of DDT was banned in 1972, and the Endangered Species Act was signed into law in 1973, providing additional protections for bald eagles.

Thanks to these conservation efforts, the bald eagle population has made a remarkable recovery. By 2007, the number of nesting pairs had increased to 10,000, leading to the removal of the species from the endangered list. According to a 2019 report by the United States Fish and Wildlife Service, the bald eagle population in the lower 48 states has quadrupled since 2009, with an estimated 316,700 individuals, including over 71,400 nesting pairs. This recovery is a testament to the successful collaboration between government agencies, conservation organizations, and local communities to protect and restore the bald eagle population in the United States.

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