Bald Eagle Legislation

Erik Phelps (phelps@epivax.epi.umn.edu)
Thu, 30 Mar 1995 23:03:25 -0600


Linda Many Guns asked for info on the Bald Eagle Protection Act, and somebody
else asked about our legal right to possess them.

I don't know how to cite Federal legislation: does 16 U.S.C. 668-668c make
sense? Thats what it says on top of my copy. Later it says "as amended Oct.
23, 1972, PL 92-535 s. 1-4, 86 Stat 1065.

This act provides for penalties of up to $5000 for possession of eagles or eagle
parts taken from birds after June 1940. In part 668a there is a passing
reference to an exemption for "the religious purposes of Indian tribes".

In the Code of Federal Regulations (50 CFR 22.22) more detail is given for
Indian possession of eagles and eagle parts. It provides, in part, that "the
Director (of US Fish & Wildlife?) may... issue a permit.. for the religious use
of Indians". Application for such a permit must include the number of feathers,
the species of eagle, where or from whom you are getting them, your tribe, why
you need them, a copy of your CDIB, and "certification from a duly authorized
official of the religious group that the applicant is authorized to participate
in such ceremonies." I guess that means a note from your Mom.

*****************************
* Erik Phelps *
* Division of Epidemiology *
* University of Minnesota *
* Phelps@epivax.epi.umn.edu *
*****************************