"Code of Federal Regulations, Title 50, Part 22 Section 22.22 (often referred to simply as 50 CFR 22.22) Eagle Permits, Permits for Indian Religious Purposes. This regulation permits the "taking, posesssion, and transportation of bald or golden eagles, or their parts, nests, or eggs for the religious use of Indians." Briefly, you must submit a completed application form to the Department of Interior which provides basic information (name, address, etc), as well as certification from the BIA that you are "Indian" and a certification (usually just a signature on the form) from a duly authorized official of the religious group that you are authorized to participate in bona fide tribal religious ceremonies (defined as ceremonial and/or cultural activities)."
Eagle Protection Act
Migratory and Insectivorous Bird Protection Program (16 U.S.C. 701 et seq.)
The Evolution of the Bald and Golden Eagle Act (By Alex Rybak)
LAWS ENFORCED
National Eagle Repository
Federal Eagle Feather Permit for Religious Purposes
Permits Station, International Affairs–U.S. Fish and Wildlife Service
From Mailing List: NATCHAT : Indians/species protection act collide
From Mailing List: NATCHAT : Eagle Feathers
'Significance of the Eagle feather'
Migratory Bird Treaty Act
Fish and Wildlife Service - Bald Eagle status reclassified
American Indian Tribal Rights, Federal-Tribal Trust Responsibilities, and the Endangered Species Act, U.S. Fish & Wildlife Service
On non-Federal lands, the ESA is the key Federal regulatory mechanism
MIGRATORY SONGBIRD CONSERVATION
BACKYARD BIRD PROBLEMS
Bird Hunting Online
Eagle Poaching Ring Busted
Eagles are Being Killed for Profit
Native American Eagle Stories
Eagle is the messenger
Eagle page
16 USC Sec. 668 (01/24/94) - TITLE 16 - CONSERVATION - CHAPTER 5A - PROTECTION AND CONSERVATION OF WILDLIFE - SUBCHAPTER II - PROTECTION OF BALD AND GOLDEN EAGLES - Sec. 668. Bald and golden eagles This law provides for the protection of the bald eagle (the national emblem) and the golden eagle by prohibiting, except under certain specified conditions, the taking, possession and commerce of such birds. The 1972 amendments increased penalties for violating provisions of the Act or regulations issued pursuant thereto and strengthened other enforcement measures. Rewards are provided for information leading to arrest and conviction for violation of the Act. The 1978 amendment authorizes the Secretary of the Interior to permit the taking of golden eagle nests that interfere with resource development or recovery operations. (See also the Migratory Bird Treaty Act and the Endangered Species Act.)
"SUBCHAPTER II - MIGRATORY BIRD TREATY : § 703. Taking, killing, or possessing migratory birds unlawful. / § 704. Determination as to when and how migratory birds may be taken, killed, or possessed. / § 705. Transportation or importation of migratory birds; when unlawful. / § 706. Arrests; search warrants. / § 707. Violations and penalties; forfeitures. / § 708. State or Territorial laws or regulations. / § 709. Omitted. / § 709a. Authorization of appropriations. / § 710. Partial invalidity; short title. / § 711. Breeding and sale for food supply. / § 712. Treaty and convention implementing regulations; seasonal taking of migratory birds for essential needs of indigenous Alaskans to preserve and maintain stocks of the birds; protection and conservation of the birds."
"In 1782, the Continental Congress of the United States of America selected the “Bald Eagle” as the symbol of the various freedoms that the country provided to its citizens. Unfortunately, throughout the evolution of our country, several species (races), representing both man and animal were left behind in the dust. Among those were the bald eagles. Even though the Eagle Protection Act [1] was enacted in 1940, by the early 1960s there were fewer than 450 bald eagle nesting pairs left in the lower 48 states. [2] This disturbing statistic prompted Congress to strengthen the protection of our national symbol by officially declaring the bald eagle an endangered species in 1967."
Bald and Golden Eagle Protection Act (16 U.S.C. 668-668C). This Act makes it illegal to import, export, or take bald or golden eagles, or to sell, purchase, or barter their parts, or products made from them, including their nests or eggs. // Migratory Bird Treaty Act (16 U.S.C. 703-712). Except as allowed by implementing regulations, this Act makes it unlawful to pursue, hunt, kill, capture, possess, buy, sell, purchase, or barter any migratory bird, including the feathers or other parts, nests, eggs, or migratory bird products. // Lacey Act (18 U.S.C. 42; 16 U.S.C. 3371-3378). This Act provides authority to the Secretary of the Interior to designate injurious wildlife and ensure the humane treatment of wildlife shipped to the United States. Further, it prohibits the importation, exportation, transportation, sale, or purchase of fish and wildlife taken or possessed in violation of State, Federal, Indian tribal, and foreign laws. // and other related laws.
The National Eagle Repository is located at Rocky Mountain Arsenal northeast of Denver, Colorado. Its purpose is to provide a central location for the receipt, storage, and distribution of bald and golden eagles that are found dead, and their parts. The eagles, and their parts, are shipped to qualified Native Americans for use in religious Indian ceremonies.
50 CFR Sec. 22.22, FEDERAL EAGLE FEATHER PERMIT for RELIGIOUS USES Title 50, CHAPTER I, SUBCHAPTER B, PART 22, Subpart C Sec. 22.22 Permits for Indian religious purposes. The Director may, upon receipt of an application and in accordance with the issuance criteria of this section, issue a permit authorizing the taking, possession, and transportation of bald or golden eagles, or their parts, nests, or eggs for the religious use of Indians.
Federal Register Notice: Development of Policy for the Use of Permits as Conservation Tools; Request for Public Comment Permit Application Forms (you will need to use Adobe Acrobat Reader to open the file(s) after downloading.)
From the Archived Mailing Listservers:
Original Sender: "(Chinookan)Tina Stinnett" teleport.com!lelookly I'm steaming so I'll probably make some other people steam too. Apparently Oregon is the first state to test out the traditional use of eagle feathers since passage of Religious Freedom Restoration Act last year. Unfortuneatly, this time I partially side with the government and not my native brothers and sisters. 33 year old Nathan Jim Jr. was on trial in U.S. District Court in Portland, Oregon this week, at odds with the Endangered Species Act. In the courtroom, Jim's attorney pit spirituality against legality and bureaucracy. Where one side would argue God, the other would argue permits. Where one would argue funerals and sacred dances, the other would argue nesting sites and species numbers.
Original Sender: tippetts@pire.org Date: Fri, 19 May 1995 19:55:19 GMT I was deeply saddened when I read here recently of the mistreatment and subsequent death of our Yakima brother, Nathan Jim Jr. In a followup posting, a Tsalagi brother who visited the Eagle Depository in Oregon raised some important issues, about the red tape we have to untangle just to "legally" acquire feathers. While I agree that the very concept is REPULSIVE (that another culture would regulate and control religious emblems of worship -- imagine if the shoe were on the other foot!), remember that the Eagle had been hunted to near-extinction, just like the buffalo. If possession of Eagle parts were not illegal, I suspect our winged brothers would be long gone.
A reply to an inquiry in the NativeNet Listserver Archives (By Judith M Gobert, June, 27 1994 ).
Material Related to the protection of Birds of Prey and Migratory & Song Birds:
"The Migratory Bird Treaty Act protects all common wild birds found in the United States except the house sparrow, starling, feral pigeon, and resident game birds such as pheasant, grouse, quail, and wild turkeys. Resident game birds are managed separately by each State. A reference list of migratory game birds is found in Title 50, Code of Federal Regulations, Part 10. The Bald Eagle Protection Act provides further protection to all Bald and Golden eagles. The Endangered Species Act further protects endangered species like the Peregrine falcon, the Northern spotted owl, and the Bald Eagle."
SUMMARY: The Fish and Wildlife Service reclassifies under the Endangered Species Act of 1973 (Act), as amended, the bald eagle (Haliaeetus leucocephalus) from endangered to threatened in the lower 48 States. The bald eagle remains classified as threatened in Michigan, Minnesota, Wisconsin, Oregon, and Washington where it is currently listed as threatened. The special rule for threatened bald eagles is revised to include all lower 48 States. This action will not alter those conservation measures already in force to protect the species and its habitats. The bald eagle also occurs in Alaska and Canada, where it is not at risk and is not protected under the Act. Bald eagles of Mexico are not listed at this time due to a recently enacted moratorium on listing additional taxa as threatened or endangered. EFFECTIVE DATE: August 11, 1995.
The tribes acknowledge that the ESA is administered by the Fish & Wildlife Service and NMFS. In their administration of the Act, the Services must, on occasion, deal with Indian tribes. By participating in the development of this Order, the tribes were seeking to ensure that tribal sovereignty, tribal rights and the Federal trust responsibility to Indian people receive full and fair recognition in the implementation of the ESA. Both the Federal team and the tribal acknowledged that species conservation could be best achieved through government-to-government collaboration and communication rather than through litigation.
Providing for the conservation of endangered and threatened species such as the northern spotted owl. The ESA prohibits certain activities which may affect listed species. In particular, it prohibits the take of listed species, including take that is incidental to an otherwise legal activity such as timber harvest. Those timber harvest related activities on non-Federal lands in the vicinity of an owl activity center that could result in the incidental take of a spotted owl are therefore prohibited under the ESA. The proposed action to develop a section 4(d) rule would modify Federal incidental take prohibitions for the northern spotted owl as they relate to timber harvest related activities on non-Federal lands. It would not alter spotted owl take prohibitions on Federal lands or change existing state and tribal protections for the owl on non-Federal lands.
WHAT YOU CAN DO: Protect, Create and Restore Habitat / Eliminate the Poisons in Your Yard / Cat Predation / Bird-Window Collisions / House Sparrows and Starlings / GET INVOLVED / Educate Yourself and Others / Volunteer / PARTICIPATE IN INTERNATIONAL PROJECTS / SOURCES OF INFORMATION ABOUT MIGRATORY BIRDS
PROBLEM BIRDS: Woodpeckers / Fruit-eating Birds / Fish-eating Birds / Roosting Birds / Nesting Birds / Hawks and Owls / Nuisance Waterfowl // PROBLEMS FOR BIRDS: Birds and Window Collisions / Insecticides and Lawn Chemicals / Baby Bird "Orphans" / Injured Birds / Cats / Problems at the Bird Nest Box / Feeding Station Problems / Birds Trapped in Feeders / Squirrels / Rodents / Storing Seed / Problems at the Bird Bath
Other Material related to Birds and Native Americans:
The bird hunting e-mag on bird dogs, bird hunting, chukars, Conservation, decoys, doves, ducks, geese, grouse, maps, Partridge, pheasants, quail, upland birds, and waterfowl. Searching the www for the best bird hunting information.
Eagle Poaching Ring Busted in Federal Raids by Don Jordan U.S. Fish and Wildlife Service agents have arrested or are seeking to arrest 35 people in New Mexico, Arizona and Colorado responsible for killing and selling bald and golden eagles."Posing..
Special agents from the Interior Department's U.S. Fish and Wildlife Service today carried out Federal search and arrest warrants in New Mexico, Arizona, and Colorado, ending a 2-year undercover investigation into the killing and selling of bald and golden eagles, and other migratory birds. In all, approximately 35 individuals and businesses are expected to be charged with selling protected migratory bird parts in a highly profitable illegal market.
Death of an Eagle, by Brooke Craig / Eagle War Feathers / Pah-To, The White Eagle / Symbolism of the Eagle Feather / Where Eagles Fly
By Debbie Faulkner : To Indian people, the Eagle is the messenger of the Creator, said Alvin Manitopyes. "The eagle symbolizes the love the Creator has for the Indian people of North America .... the eagle is the most spiritually evolved of all animals and birds. It is the messenger between the Indian people and the Creator. It is a very sacred bird," said Manitopyes. "(Eagles) have a lot of courage. That is why it is such an honor to earn an eagle feather." Finding an eagle feather is a gift or blessing, explained Manitopyes, and an affirmation of one's own spiritual experience.
Wonderful photos including Spectacular full frontal view of American Bald Eagle in flight, Eagle soaring over water with fish in his talons, Eagle soaring above us with full wing spread, Eagle soaring at eye level and many others
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© 1996 Tara Prindle.