The Bald and Golden Eagle Protection Act is a United States government law that protects two types of eagle.

The bald eagle was chosen as a national symbol of the United States by the Continental Congress in 1782. It received legal protection under the Bald Eagle Protection Act of 1940. This law was later changed in 1962 to also protect the golden eagle. Since its creation, the Bald and Golden Eagle Protection Act has been updated several times. It now forbids people from "taking" bald eagles without a special permit from the Secretary of the Interior. "Taking" includes harming the birds, collecting their parts, nests, or eggs, or disturbing them in any way. The law also makes it illegal to take, own, sell, buy, trade, transport, export, or import bald or golden eagles, alive or dead, or any part of their nests or eggs, unless a permit is obtained.

The goal of the Bald and Golden Eagle Protection Act is to prevent actions that could harm bald and golden eagles. These actions include: 1) harming an eagle, 2) interfering with its daily life, such as its shelter, nesting, or feeding, or 3) causing eagles to abandon their nests. Eagle feathers have been used in clothing, art, and jewelry. Possessing, trading, or selling bald eagle feathers is against the law unless a permit is obtained. The structure of this law is similar to the Migratory Bird Treaty Act.

The importance of the bald and golden eagle

The bald eagle has inspired millions of Americans since June 20, 1782. American Eagle Day was celebrated to help recover and restore this special bird. On June 28, 2007, the Department of the Interior removed the bald eagle from the list of endangered and threatened species. These birds are now a national symbol of the United States. The Second Constitutional Congress chose the bald eagle as the emblem on the Great Seal of the United States. Some people disagreed with this choice. For example, Benjamin Franklin, one of the Founding Fathers, said, "I wish the bald eagle had not been chosen as the representative of our country. He is a bird of bad moral character…Besides, he is a rank coward." Franklin believed the national bird should have been a wild turkey, which he described as "a bird of courage." In contrast, John F. Kennedy said, "The Founding Fathers made an appropriate choice when they selected the bald eagle as the emblem of the nation. The fierce beauty and proud independence of this great bird aptly symbolize the strength and freedom of America."

The golden eagle is a national symbol in Mexico and many other countries. It represents cultural and traditional values in various societies, including Albania, Germany, Austria, and Kazakhstan. The Hopi tribe removes young golden eagles from nests, raises them, and sacrifices them when they mature. In 1986, the U.S. Fish and Wildlife Service gave the tribe a permit to continue these activities legally. The golden eagle symbolizes values such as grace, power, and majesty in the wilderness. In North America, it is the largest bird of prey, with dark brown feathers and lighter golden-brown plumage. It is often called a mountain bird, living in open areas with short vegetation. These areas include parts of the western United States, northwestern Europe, Japan, and eastern Siberia. In the western United States, golden eagles are commonly found in forested regions, such as tundra, shrublands, grasslands, coniferous forests, and farmland. These birds live in areas with few people. The main causes of golden eagle deaths include large-scale land use and attacks by ranchers.

Timeline

• 1782: The Founding Fathers at the Second Continental Congress chose the bald eagle as the symbol of the United States. At that time, there were about 100,000 bald eagles nesting in the country.
• 1921: A magazine called Ecology noted that the bald eagle might become extinct.
• 1930: A chemical called Dichlorodiphenyltrichloroethane (DDT) was first discovered.
• 1940: Congress passed a law called the Bald Eagle Protection Act. This law banned selling, killing, or owning the species.
• 1950: The bald eagle began to recover from harm caused by humans.
• 1952: Protection for bald eagles was expanded to include Alaska.
• 1962: Congress updated the law to also protect the golden eagle. The new law, called the Bald Eagle and Golden Eagle Protection Act (BEPA), protected feathers, eggshells, body parts, and nesting trees. Because bald eagles are important to Native American tribes, the law allowed an exception for religious use by Native Americans.
• 1963: Due to hunting, DDT poisoning, and loss of habitat, the bald eagle was nearly extinct. At that time, there were only 487 nesting pairs of bald eagles in 48 states.
• 1972: The Bald and Golden Eagle Protection Act was updated again. Fines for breaking the law increased to a maximum of $5,000 and up to one year in jail for a first offense. A second offense could result in a maximum fine of $10,000 and up to two years in jail. DDT was banned in the United States, which helped the bald eagle begin to recover.
• 1994: President Clinton issued an executive order to address delays in providing eagle parts to Native Americans. He asked government agencies to improve the process for obtaining and distributing eagle parts.
• 1995: The bald eagle’s status changed from endangered to threatened.
• 1999: The Fish & Wildlife Service (FWS) requested that the bald eagle be removed from the endangered and threatened species lists.
• 2007: The FWS and the U.S. government removed the bald eagle from the endangered and threatened species lists.

Conflict with culture and industry

The bald and golden eagles and their feathers are very important to many Native American groups. Eagle feathers are often used as symbols of Native American identity. Native Americans respect eagles because they believe eagles represent qualities like honesty, truth, strength, courage, wisdom, power, and freedom. Many Native American cultures see eagles as the "Master of the Sky" because they fly higher than any other bird, making them closer to God. It is also believed that eagles carry prayers from the Earth to the Creator of the world. Because of this, receiving or wearing an eagle feather is considered a sign of honor in many Native American traditions. In the past, killing an eagle required special skills, so only certain people were chosen for this task. During ceremonies and dances, many tribes wore eagle feathers in their hair. The number of feathers a person received depended on the task they completed. For example, a Pillager Chippewa tribe gave two feathers to a warrior who took an enemy's scalp and five feathers to a warrior who captured a wounded enemy on the battlefield.

The Bald and Golden Eagle Protection Act allows permits to be obtained for using eagle parts or feathers for religious reasons or legal activities. In June 2007, bald eagles were taken off the Endangered Species List, but the protection law still applies today. As of 2009, the law allows permits for certain activities, such as work at power plants and airports. These activities may involve disturbing eagles, but only if the disturbance is limited and unavoidable. "Non-purposeful take" means taking eagles unintentionally during lawful activities, even if the activity itself is not meant to harm the birds.

The law has sometimes slowed progress on renewable energy projects. Wind turbines can harm eagles and other birds, which could lead to legal problems for the people who operate them, even if they try to reduce harm to eagles. In 2011, the US Fish and Wildlife Service released guidelines for the wind energy industry. These guidelines explain how companies can apply for "incidental take" permits under the law, which helps them avoid penalties for unintentionally harming eagles.

Decline of the bald and golden eagle population

DDT, a type of insecticide, was widely used in the United States from 1940 to 1950 to control malaria. This use caused the bald eagle population to drop quickly, reaching a low of 487 nesting pairs in 1963. By this time, DDT had already harmed other bird populations. Public awareness grew after Rachel Carson wrote Silent Spring in 1962. DDT affects the calcium metabolism of female birds, making it hard for them to form strong eggshells. This caused more eggs to break during incubation. Dead birds had high levels of DDT in their fat and reproductive organs, which may have made them unable to reproduce. Small animals also ate plants sprayed with other pesticides, which were then eaten by birds of prey.

Between 1917 and 1953, over 100,000 bald eagles were killed in Alaska. During this time, people became more aware of the problem, and groups worked to make eagle conservation a national priority. The Patuxent Wildlife Research Center in Maryland began breeding eagles in captivity to help increase their numbers. The goal was to raise enough eagles to reintroduce them to areas where they had disappeared. The center started with one pair and studied their behavior and health to create a successful program. In 1988, the program ended because bald eagles were successfully reproducing naturally in the wild.

DDT is a long-lasting poison that builds up in fish, which are a major part of bald eagles’ diets. This exposed eagles to the toxin. Golden eagles, which eat rabbits, hares, and other small animals, were less affected by DDT because their diet avoided fish. Unlike bald eagle eggshells, golden eagle eggshells remained strong and did not break easily. DDT was banned in the United States in 1972. Other factors, such as harmful chemicals like Dieldrin and polychlorinated biphenyls (PCBs), also affected eagle populations. These chemicals stay in the environment and harm birds. Human activities, such as destroying habitats, disturbing nests, and electrocution from power lines, also contributed to eagle declines. Efforts to make power lines safer for birds have helped reduce these risks.

Animal traps set on the ground to catch animals for fur can harm eagles. Trapped animals may attract eagles, who can then get injured by the traps. An injured eagle may starve if its talons are damaged, as they are needed for hunting. Hunters who shoot ducks or geese but do not recover their game can harm eagles if eagles eat the animals and ingest lead shot. Farmers and ranchers sometimes shoot eagles they believe threaten livestock, but eagles usually eat dead animals, not live ones.

Laws and actions, such as the 1940 Bald and Golden Eagle Protection Act, the 1972 DDT ban, the 1973 Bald Eagle Endangered Species Act, and the 1992 program to stop using lead shot for hunting, helped improve the status of bald and golden eagles from "endangered" to "threatened."

Bald eagle recovery and conservation

Since the 1972 ban on DDT, bald eagles have been able to grow their populations healthily. The United States Fish and Wildlife Service helped by cleaning waterways, such as lakes and rivers, protecting places where eagles nest, and returning eagles to their original homes.

The bald eagle was first considered for removal from the Endangered Species Act in the 1999 issue of the Federal Register. The final rule to remove the bald eagle from the Endangered Species Act was published on July 9, 2007, and took effect on August 8, 2007. At that time, the Fish and Wildlife Service had recorded data on 9,789 breeding pairs of bald eagles.

In 1983, the Northern States Bald Eagle Recovery Plan was proposed. This plan aimed to help bald eagles return to self-sustaining populations in northern areas. The plan’s goal was to have 1,200 occupied breeding areas—areas where eagles live and raise their young—spread across at least 16 states by the year 2000. The plan also aimed to have 1 young eagle per occupied nest each year. To reach these goals, the plan included tasks such as studying current populations and habitats, identifying the minimum needs for eagle populations, protecting and improving eagle habitats, and creating systems to share information. Annual surveys, habitat studies, and planning were used to improve communication. Efforts focused on improving habitats, especially during winter, to help eagles survive better.

The purpose of a recovery plan is to improve a species’ status or remove it from the endangered list. Bald eagles have recovered in most areas of the United States. The ban on DDT greatly helped the recovery of bald and golden eagles. Bald eagles are common in New York. In the 1960s, their numbers dropped because of pesticides and habitat loss. In 1976, the Department of Environmental Conservation (DEC) started a program called the “hacking technique.” This method involved taking young eagles from wild nests and raising them in artificial nests. The eaglets lived in cages after their feathers grew in and were fed and watched by humans. At about 12 to 13 weeks old, they were tested for flying ability. Small radio transmitters were placed on their backs to track them. DEC worked with the U.S. Fish and Wildlife Service and Cornell University to release 23 young eagles. These eagles learned to hunt and feed themselves without help from parents. Once mature, they were released back into the wild to become breeding birds. The program was successful for 13 years but ended in 1989 because biologists saw that eagle populations in New York were growing and reproducing on their own. The Environmental Quality Bond Act and the Environmental Protection Fund helped eagles grow steadily by providing more open land and habitats.

Under the Endangered Species Act, states created monitoring plans for species that have recovered and been removed from the endangered list. Bald eagles must be monitored for 20 years, with checks every 5 years. States try to count bald eagles and their nesting and living areas yearly. The plan’s goal is to use data from known nests and samples from eagle habitats to estimate the total number of nesting bald eagles. State agencies closely watch eagle nests to detect changes. The plan aims to find a 25% change in the number of occupied nests nationwide every 5 years with an 80% chance of identifying such changes. At least 200 areas must be studied across the country, focusing on regions with many bald eagle nests. Factors like weather, habitat changes, population cycles, pollution, and productivity will be studied if eagle numbers decline. If needed, more research, longer monitoring, or federal protection may be restarted. The bald eagle’s recovery is a successful example of conservation efforts. The plan’s goal is to keep the population safe and protected.

Table 1. The bald eagle population in the lower 48 states is divided into five recovery regions.

Penalty

The criminal penalty rule was changed. The maximum fine increased from $500 to $5,000, and the maximum prison time increased from six months to one year. If someone is found guilty again, the fine increased to $10,000, and the prison time increased to two years. Under the Criminal Fines and Improvement Act of 1987, the maximum fine for a misdemeanor offense was raised to $100,000. For a felony conviction, an individual will be fined $250,000. For an organization, the fines are $200,000 for a misdemeanor and $500,000 for a felony.

A new civil penalty rule was added. Anyone who takes, possesses, transports, sells, trades, or buys a dead or alive bald or golden eagle will be fined $5,000 for each violation. If someone violates or disturbs an eagle's nest or eggs, they will be fined under the civil penalty act. The law allowed the taking, possession, or transporting of bald and golden eagles in areas where they were harming wildlife or livestock.

Major code sections

Table 1. Main Parts of the U.S. Code for The Bald and Golden Eagle Protection Act (organized under 16 U.S.C. 668-668d)

Permits

In 2007, bald eagles were removed from the endangered species list because their numbers had increased, except in the Sonoran Desert, where their population is still at risk. After they were taken off the list, the United States Fish and Wildlife Service (FWS) created a program that allows limited use of bald and golden eagles for specific, non-harmful reasons. The Division of Migratory Bird Management sets the rules for these permits, and the Regional Bird Permit Offices issue them. Permits are given to people who need to possess eagles for lawful activities or to disturb nests for human or bird safety. Permits depend on the activity being legal and appropriate. Activities that qualify include falconry (only for golden eagles), raptor breeding, scientific research, Native American religious use, removing eagles that harm property, taxidermy, and waterfowl sales. Other special uses, such as rehabilitation, education, bird propagation, and salvage, may also qualify. Activities like buying, selling, trading, or importing eagle parts are not allowed and cannot get permits.

In October 2010, the FWS created a program to help Native Americans obtain non-eagle feathers from two approved locations: the Comanche Nation Ethno-Ornithological Initiative in Cyril, Oklahoma, and the Liberty Wildlife Rehabilitation Foundation in Scottsdale, Arizona. These locations signed agreements with the FWS to collect and distribute feathers to federally recognized Native American tribes.

A permit is needed if an eagle nest poses a safety risk or conflicts with certain activities. Permits allow the removal or relocation of nests in these situations: 1) if the nest is active or inactive and poses an emergency risk to humans or eagles, 2) if the nest is inactive and man-made structures are not working because of the nest, 3) if removing the nest benefits the eagles, or 4) if removing the nest protects public health and safety.

A scientific collecting permit is required under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and the Bald and Golden Eagle Protection Act. This permit is for people studying bald and golden eagles. It allows them to take, transport, or possess eagles and collect feathers for research not covered by other permits. Rules require that eagle items can only be temporarily moved in and out of the United States. Ownership cannot change, and the items must be returned to the original sender after the project ends. Applications for this permit may take up to 90 days to process.

A permit allows Native American tribes to legally keep live bald or golden eagles for religious use. To qualify, tribal groups must be registered with the United States Bureau of Indian Affairs. The Federal Eagle Aviary is a facility that houses non-releasable eagles for Native American religious purposes. This permit helps provide feathers through natural shedding. However, direct contact with live eagles is limited. A Caretaker, who must be at least 18 years old and have 300 hours of experience over two years (including training, capturing, handling, and transporting eagles), is responsible for caring for the eagles. Daily care, such as feeding and medical care, is also required. Experience can be gained through courses on handling migratory birds.

Guidelines for eagle cages are provided to ensure their health and safety. Non-flighted eagles need a minimum enclosure of 12 feet long by 10 feet wide by 9 feet high, while flighted eagles need 40 feet long by 10 feet wide by 9 feet high. Records of eagle acquisition, veterinary care, and their final placement must be kept for each calendar year. These records and cage conditions can be inspected by authorized agents at any time. An annual report of activities must be sent to the Regional Migratory Bird Permit Office by January 31 each year.

This permit allows museums, scientific societies, and zoological parks that are open to the public and operated as government or non-profit organizations to obtain bald and golden eagles, their parts, eggs, and nests for educational purposes.

United States District Court for the District of Missouri

On March 27, 1972, Richard L. Hetzel was charged with breaking the Bald Eagle Act after removing parts from a dead bald eagle he found on a beaver dam in the Squaw National Wildlife Refuge. He kept the parts to give to a Boy Scout group. The court found no proof that Hetzel intentionally broke the law and fined him $1. Hetzel appealed, arguing that his actions happened before the 1972 law changes. The court agreed, stating that the law did not apply to his actions and overturned his conviction and fine.

United States District Court for the District of Colorado

On June 9, 1998, the United States sued the Moon Lake Electric Association for killing several migratory birds, including eagles. Between 1997 and 1998, Moon Lake had seven violations of the Bald and Golden Eagle Protection Act and six violations of the Migratory Bird Treaty Act, including killing 12 golden eagles, 4 ferruginous hawks, and 1 great horned owl. The government claimed Moon Lake failed to install safety equipment on 2,450 power poles, causing 38 birds of prey to be injured over 29 months. Moon Lake argued that the laws only apply to intentional harm, not accidents. The court dismissed the case, saying the laws did not cover accidental deaths. However, Moon Lake later pleaded guilty to multiple offenses and was fined $100,000. It also signed a Memorandum of Understanding with the FWS to prevent future bird deaths.

Other laws

The bald eagle is protected by the following laws:

• Migratory Bird Treaty Act of 1918 (a law)
• Endangered Species Act (a law)
• Lacey Act Changes of 1981 (a law)