Bald And Golden Eagle Protection Act
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The Bald and Golden Eagle Protection Act (16
U.S.C. The United States Code (formally The Code of Laws of the United States of America) is the official codification of the general and permanent federal statutes of the United States. It contains 53 titles, which are organized into numbered se ...
668-668d) is a
United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
federal statute The United States Code (formally The Code of Laws of the United States of America) is the official codification of the general and permanent federal statutes of the United States. It contains 53 titles, which are organized into numbered se ...
that protects two species of
eagle Eagle is the common name for the golden eagle, bald eagle, and other birds of prey in the family of the Accipitridae. Eagles belong to several groups of Genus, genera, some of which are closely related. True eagles comprise the genus ''Aquila ( ...
. The
bald eagle The bald eagle (''Haliaeetus leucocephalus'') is a bird of prey found in North America. A sea eagle, it has two known subspecies and forms a species pair with the white-tailed eagle (''Haliaeetus albicilla''), which occupies the same niche ...
was chosen as a national emblem of the
United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
by the
Continental Congress The Continental Congress was a series of legislature, legislative bodies, with some executive function, for the Thirteen Colonies of British America, Great Britain in North America, and the newly declared United States before, during, and after ...
of 1782 and was given legal protection by the Bald Eagle Protection Act of 1940. This act was expanded to include the
golden eagle The golden eagle (''Aquila chrysaetos'') is a bird of prey living in the Northern Hemisphere. It is the most widely distributed species of eagle. Like all eagles, it belongs to the family Accipitridae. They are one of the best-known bird of pr ...
in 1962. Since the original Act, the Bald and Golden Eagle Protection Act has been amended several times. It currently prohibits anyone, without a permit issued by the Secretary of the Interior, from "taking"
bald eagle The bald eagle (''Haliaeetus leucocephalus'') is a bird of prey found in North America. A sea eagle, it has two known subspecies and forms a species pair with the white-tailed eagle (''Haliaeetus albicilla''), which occupies the same niche ...
s. Taking is described to include their parts, nests, or eggs, molesting or disturbing the birds. The Act provides criminal penalties for persons who "take, possess, sell, purchase, barter, offer to sell, purchase or barter, transport, export or import, at any time or any manner, any bald eagle ... r any golden eagle alive or dead, or any part, nest, or egg thereof." The purpose of the Bald and Golden Eagle Protection act is to not agitate the bald and golden eagle to the extent of not 1.) Abusing an eagle, 2.) Interfering with its substantial lifestyle, including shelter, breeding, feeding, or 3.) Nest abandonment. The eagle feathers have been collected and incorporated into clothing, art, jewelry, etc. In addition, having the possession, exchange, or sale of bald eagle feathers violates the act if no permit is obtained. The basic structure of the act resembles the Migratory Bird Treaty Act.


The importance of the bald and golden eagle


Bald eagle

The
bald eagle The bald eagle (''Haliaeetus leucocephalus'') is a bird of prey found in North America. A sea eagle, it has two known subspecies and forms a species pair with the white-tailed eagle (''Haliaeetus albicilla''), which occupies the same niche ...
has inspired millions of Americans across the nation since June 20, 1782. The American Eagle Day was celebrated ideally for the recovery and restoration of this exclusive bird. On June 28, 2007, the Department of the Interior took the bald eagle off the endangered and threatened species list. In addition, these birds have become a national symbol. The second Constitutional congress decided upon using American bald eagles as the great seal of the United States. There were many disagreements with the choice of national symbol. For example, one of the
Founding Fathers The Founding Fathers of the United States, often simply referred to as the Founding Fathers or the Founders, were a group of late-18th-century American revolutionary leaders who united the Thirteen Colonies, oversaw the War of Independence ...
,
Benjamin Franklin Benjamin Franklin (April 17, 1790) was an American polymath: a writer, scientist, inventor, statesman, diplomat, printer, publisher and Political philosophy, political philosopher.#britannica, Encyclopædia Britannica, Wood, 2021 Among the m ...
quoted, "I wish that 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..." He thought that the national bird should have been a
wild turkey The wild turkey (''Meleagris gallopavo'') is an upland game bird native to North America, one of two extant species of Turkey (bird), turkey and the heaviest member of the order Galliformes. It is the ancestor to the domestic turkey (''M. g. dom ...
, because it is "A bird of courage". In contrast, John F. Kennedy stated, "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 symbolizes the strength and freedom of America."


Golden eagle

The
golden eagle The golden eagle (''Aquila chrysaetos'') is a bird of prey living in the Northern Hemisphere. It is the most widely distributed species of eagle. Like all eagles, it belongs to the family Accipitridae. They are one of the best-known bird of pr ...
is used as a national symbol in
Mexico Mexico, officially the United Mexican States, is a country in North America. It is the northernmost country in Latin America, and borders the United States to the north, and Guatemala and Belize to the southeast; while having maritime boundar ...
and in many countries; it symbolizes many cultures and traditions in various societies. It also symbolizes other countries such as
Albania Albania ( ; or ), officially the Republic of Albania (), is a country in Southeast Europe. It is located in the Balkans, on the Adriatic Sea, Adriatic and Ionian Seas within the Mediterranean Sea, and shares land borders with Montenegro to ...
,
Germany Germany, officially the Federal Republic of Germany, is a country in Central Europe. It lies between the Baltic Sea and the North Sea to the north and the Alps to the south. Its sixteen States of Germany, constituent states have a total popu ...
,
Austria Austria, formally the Republic of Austria, is a landlocked country in Central Europe, lying in the Eastern Alps. It is a federation of nine Federal states of Austria, states, of which the capital Vienna is the List of largest cities in Aust ...
, and
Kazakhstan Kazakhstan, officially the Republic of Kazakhstan, is a landlocked country primarily in Central Asia, with a European Kazakhstan, small portion in Eastern Europe. It borders Russia to the Kazakhstan–Russia border, north and west, China to th ...
. The Hopi tribe removes nestlings, raise them, and sacrifice them once they are mature. In 1986 the U.S. Fish and Wildlife Service issued a permit allowing the tribe to continue their activities legally. The golden eagle symbolizes many values such as grace, power, and magisterial wilderness. In
North America North America is a continent in the Northern Hemisphere, Northern and Western Hemisphere, Western hemispheres. North America is bordered to the north by the Arctic Ocean, to the east by the Atlantic Ocean, to the southeast by South Ameri ...
, it is the largest bird of prey with physical features of dark brown with lighter golden-brown plumage. It is known as a mountain bird, which travels in open landscapes taken over by short vegetation. An example of this would be western part of the United States, Northwestern Europe, Japan, eastern Siberia, etc. In the Western United States, the golden eagles were mainly found in forest areas, including
tundra In physical geography, a tundra () is a type of biome where tree growth is hindered by frigid temperatures and short growing seasons. There are three regions and associated types of tundra: #Arctic, Arctic, Alpine tundra, Alpine, and #Antarctic ...
, shrub lands,
grasslands A grassland is an area where the vegetation is dominated by grasses (Poaceae). However, sedge ( Cyperaceae) and rush ( Juncaceae) can also be found along with variable proportions of legumes such as clover, and other herbs. Grasslands occur ...
,
coniferous forests Conifers () are a group of cone-bearing seed plants, a subset of gymnosperms. Scientifically, they make up the division Pinophyta (), also known as Coniferophyta () or Coniferae. The division contains a single extant class, Pinopsida. All e ...
, and
farmland Agricultural land is typically land ''devoted to'' agriculture, the systematic and controlled use of other forms of lifeparticularly the rearing of livestock and production of cropsto produce food for humans. It is generally synonymous with bot ...
. The eagles reside in areas where the human population is very few. The mortality of these birds is due to extensive land use and attacks from ranchers.


Timeline

*1782: The Founding Fathers at the Second Continental Congress adopted the bald eagle as the symbol of the United States. The United States had approximately 100,000 nesting eagles. *1921: The magazine ''Ecology'' articulated the possible extinction of the bald eagle. *1930: Dichlorodiphenyltrichloroethane ( DDT) was first discovered *1940: Congress enacted legislation known as the Bald Eagle Protection Act. This act prohibited selling, killing, or possessing the species *1950: The bald eagle was beginning to recover from human persecution *1952: Bald eagle protection extended to include Alaska *1962: Congress amended the act, extending the ban to the golden eagle and the law became the Bald Eagle and Golden Eagle Protection Act (BEPA). This law protects the bird's feathers, eggshells, and body parts. In addition, it protects their nesting trees. Bald eagles are significant to Native American tribes and therefore BEPA gave an exception for Indian religious purposes. *1963: Due to shooting, DDT poisoning, and loss of habitat, the bald eagle was in danger of extinction. Within 48 states, there were only 487 nesting pairs of bald eagles. *1972: The Bald and Golden Eagle Protection Act was amended again with several different aspects such as increasing the civil penalties for violating provisions increased to a maximum fine of $5,000 and less than one year of imprisonment for first conviction. If second conviction occurs, a maximum fine of $10,000 and less than two years of imprisonment will take place. DDT is banned in the United States, which resulted in the initial step of recovery for the bald eagle. *1994: An executive issue was ordered by President Clinton which recognized the administrative delays and difficulties in obtaining eagle parts from the federal repository. Clinton also urged the relevant agencies to restructure the application process and continue the effort to obtain eagle parts to distribute to Native Americans. *1995: The bald eagle's status altered from endangered to threatened *1999: Fish & Wildlife Service (FWS) request to remove the bald eagle from the endangered species and threatened list. *2007: FWS and the U.S remove the bald eagle from threatened and endangered species.


Conflict with culture and industry

The bald and golden eagles and their
feathers Feathers are epidermis (zoology), epidermal growths that form a distinctive outer covering, or plumage, on both Bird, avian (bird) and some non-avian dinosaurs and other archosaurs. They are the most complex integumentary structures found in ...
are highly valued by most Native Americans. Usually, the
logo A logo (abbreviation of logotype; ) is a graphic mark, emblem, or symbol used to aid and promote public identification and recognition. It may be of an abstract or figurative design or include the text of the name that it represents, as in ...
of an eagle feather is seen as a symbol of the Native Americans. They honor and respect the eagles for they are believed to symbolize certain characteristics such as
honesty Honesty or truthfulness is a facet of moral character that connotes positive and virtue, virtuous attributes such as integrity, truthfulness, straightforwardness (including straightforwardness of conduct: Good faith, earnestness), along with the ...
,
truth Truth or verity is the Property (philosophy), property of being in accord with fact or reality.Merriam-Webster's Online Dictionarytruth, 2005 In everyday language, it is typically ascribed to things that aim to represent reality or otherwise cor ...
,
majesty Majesty (abbreviated HM for His Majesty or Her Majesty, oral address Your Majesty; from the Latin , meaning ) is used as a manner of address by many monarchs, usually kings or queens. Where used, the style outranks the style of ''(Imperial/Roy ...
,
strength Strength may refer to: Personal trait *Physical strength, as in people or animals *Character strengths like those listed in the Values in Action Inventory *The exercise of willpower Physics * Mechanical strength, the ability to withstand ...
,
courage Courage (also called bravery, valour ( British and Commonwealth English), or valor (American English)) is the choice and willingness to confront agony, pain, danger, uncertainty, or intimidation. Valor is courage or bravery, especially in ...
,
wisdom Wisdom, also known as sapience, is the ability to apply knowledge, experience, and good judgment to navigate life’s complexities. It is often associated with insight, discernment, and ethics in decision-making. Throughout history, wisdom ha ...
, power and
freedom Freedom is the power or right to speak, act, and change as one wants without hindrance or restraint. Freedom is often associated with liberty and autonomy in the sense of "giving oneself one's own laws". In one definition, something is "free" i ...
. Native Americans consider eagles to be the Master of the sky since they fly higher than any other birds and therefore are closer to God. It is also believed that because eagles fly higher in the sky for long periods of time, they carry prayers from ground to the Creator of the world. Due to all of these reasons, wearing or receiving an eagle feather is considered a mark of honor in many Native American cultures. To capture and kill an eagle was a skill-requiring job, therefore certain men were assigned to do so. Many
tribe The term tribe is used in many different contexts to refer to a category of human social group. The predominant worldwide use of the term in English is in the discipline of anthropology. The definition is contested, in part due to conflict ...
s wore the eagle feathers in their hair during ceremonies and dancing. Men would receive certain numbers of feathers depending on the task that was performed. For example, a Pillager Chippewa is costumed to give two feathers to a warrior who scalped an enemy and five feathers to one who performed an act of capturing a wounded prisoner found on the battlefield. Under the Bald and Golden Eagle Protection Act, permits can be obtained to possess the eagles parts and feathers for religious purposes and lawful activities. In June 2007, bald eagles were removed from the
Endangered Species List On 29 January 2010, the IUCN Red List of Threatened Species identified 5220 (2754 animals, 1 fungus, 2464 plant, 1 protist) endangered species, subspecies and varieties, stocks and sub-populations. For IUCN lists of endangered species by kingdo ...
; however, the protection Act still applies. As of 2009, the Act has made it possible for one to obtain a permit to move from operating utilities and airports. Previously these deeds would have been considered disturbance, but now as long as it is limited, non-purposeful take of bald eagles and golden eagles; authorizing individuals, companies,
government agencies A government agency or state agency, sometimes an appointed commission, is a permanent or semi-permanent organization in the machinery of government (bureaucracy) that is responsible for the oversight and administration of specific functions, ...
(including tribal governments), and other organizations are allowed disturb or otherwise take eagles in the course of conducting lawful activities. "Non-purposeful take" is defined as taking of eagles for reasons that are associated with take that is not purposeful of an activity; but for a purpose that practically cannot be avoided. The Act has at times hindered renewable energy projects. Wind turbines can kill and injure birds, including eagles, potentially exposing their operators to criminal liability under the Act, even those which have taken steps to reduce eagle mortality. A draft of guidelines for the wind energy industry, which incorporates means for applying for "incidental take" permits under the Act and thus avoiding its penalties, was released in 2011 by the US Fish and Wildlife Service.


Decline of the bald and golden eagle population

With the introduction of DDT (dichloro-diphenyl-trichloroethane) as a widespread insecticide in the United States from 1940 to 1950 to control
malaria Malaria is a Mosquito-borne disease, mosquito-borne infectious disease that affects vertebrates and ''Anopheles'' mosquitoes. Human malaria causes Signs and symptoms, symptoms that typically include fever, Fatigue (medical), fatigue, vomitin ...
, the bald eagle population decreased precipitously, falling to a low point of 487 nesting pairs in 1963. By this point, the detrimental effects of DDT had already been a causative factor in the decline of other bird populations, and public awareness was raised when
Rachel Carson Rachel Louise Carson (May 27, 1907 – April 14, 1964) was an American marine biologist, writer, and conservation movement, conservationist whose sea trilogy (1941–1955) and book ''Silent Spring'' (1962) are credited with advancing mari ...
published her book ''
Silent Spring ''Silent Spring'' is an environmental science book by Rachel Carson. Published on September 27, 1962, the book documented the environmental harm caused by the indiscriminate use of DDT, a pesticide used by soldiers during World War II. Carson acc ...
'' in 1962. DDT alters the calcium metabolism of female birds, preventing them from creating a hard shell around the eggs they produce. This egg thinning led to a higher rate of egg loss due to cracks during incubation. Dead birds retained large amounts of DDT in their fatty tissues and gonads which may have caused the birds to become infertile. Moreover, small animals ate plants that were sprayed with other pesticides which were then eaten by the birds of prey. More than 100,000 bald eagles were killed in Alaska from 1917 to 1953. Public awareness arose during this time, and many groups and individuals dedicated to make the conservation of eagles a national issue. The Patuxent Wildlife Research Center in Maryland started to breed eagles in captivity to increase the population numbers. The goal was to breed enough birds to increase the population of bald eagles in areas where the population was declining and to re-introduce them in those areas where they had been wiped out completely. The center started breeding with one pair and began studying their behavior, functioning, and other areas to make this a successful rehabilitation program. In 1988, the program was stopped due to their success in increasing the number of eagles in the environment. At this time the bald eagles had started breeding naturally. DDT is a persistent toxin know to bioaccumulate in fish populations. A major component of the diet of bald eagles consists of fish which, in turn, exposed the population of these eagles to the toxin. In contrast, the
golden eagle The golden eagle (''Aquila chrysaetos'') is a bird of prey living in the Northern Hemisphere. It is the most widely distributed species of eagle. Like all eagles, it belongs to the family Accipitridae. They are one of the best-known bird of pr ...
primarily eats rabbits, hares, ground squirrels, and other common prey, which has allowed them to escape the harms of DDT and other related chemicals. Unlike the bald eagles' eggshells, the golden eagles' eggshells retained their thickness and were not subject to rupturing. DDT was banned in the United States in 1972. Other factors played a role in the declining populations of bald and golden eagles in the 1950s, 1960s, and 1970s. For instance, one source of golden and bald eagle mortality is the
bioaccumulation Bioaccumulation is the gradual accumulation of substances, such as pesticides or other chemicals, in an organism. Bioaccumulation occurs when an organism absorbs a substance faster than it can be lost or eliminated by catabolism and excretion. T ...
of toxins in their reproductive system and bloodstream.
Dieldrin Dieldrin is an organochlorine compound originally produced in 1948 by J. Hyman & Co, Denver, as an insecticide. Dieldrin is closely related to aldrin, which reacts further to form dieldrin. Aldrin is not toxic to insects; it is oxidized in the i ...
and
polychlorinated biphenyl Polychlorinated biphenyls (PCBs) are organochlorine compounds with the formula Carbon, C12Hydrogen, H10−''x''Chloride, Cl''x''; they were once widely used in the manufacture of carbonless copy paper, as heat transfer fluids, and as dielectri ...
are pollutants in the environment that have impacted eagle populations. These chemicals are persistent in the environment and are known to negatively affect these birds. Human activity is another reason for the decline of bald eagle populations. The alteration of habitat and nest disturbance have an effect on breeding and foraging. In addition, power lines can subject these birds to potential electrocution. For many years, the electric distribution utilities have worked with wildlife biologists and government agencies to research, develop and deploy power lines and poles that are safer for all birds, including eagles. Some new power lines in nonurban areas have been built to "raptor-safe" construction standards. Another thing that impacts eagles is animal trapping. Traps are set on the ground to capture or kill animals for fur. Trapped animals can bait eagles, which then have the potential to be harmed or injured by the traps. Since an eagle's talons play a crucial role in food hunting, an injured bird can starve to death if they remain injured for a prolonged period of time. Hunting can directly or indirectly impact eagles. Duck and geese hunters who shoot but do not recover their game can indirectly harm eagles. If an eagle finds and consumes food contaminated with lead shot, the lead can accumulate in the bird, and cause toxicity and even mortality. The majority of farmers and ranchers will often shoot bald and golden eagles that they consider a threat to their livestock. Unfortunately, many assumptions are made about the bald and golden eagles, thinking that they are harmful. The two eagles are searching for dead animals that are killed from other factors. The measures that were taken to protect bald and golden eagles, such as the 1940 Bald and Golden Eagle Protection Act, the ban on DDT in 1972, the Bald Eagle Endangered Species Act of 1973, and the United States Fish and Wildlife Service Program of 1992 (to phase out the use of lead shot for waterfowl hunting), all helped upgrade their status from 'endangered' to 'threatened'.


Bald eagle recovery and conservation

Since the 1972 ban on DDT the eagle has been able to gain healthy population growth. The
United States Fish and Wildlife Service The United States Fish and Wildlife Service (USFWS or FWS) is a List of federal agencies in the United States, U.S. federal government agency within the United States Department of the Interior which oversees the management of fish, wildlife, ...
was able to achieve this with the cleaning of waterways including lakes and rivers, protecting nesting sites, and reintroducing eagles back to their original environments. The bald eagle was first proposed to be removed from the protection of the US Endangered Species Act by the US fish and wildlife services in the 1999 issue of the ''
Federal Register The ''Federal Register'' (FR or sometimes Fed. Reg.) is the government gazette, official journal of the federal government of the United States that contains government agency rules, proposed rules, and public notices. It is published every wee ...
''. The final rule to remove or delist the bald eagle from the Endangered Species act was published on July 9, 2007 and was put into effect on August 8, 2007. When the bald eagle was removed the FWS had collected data on 9,789 breeding pairs. In 1983, the Northern States Bald Eagle Recovery Plan was proposed. This plan, like the Patuxent Wildlife Research Center plan, had goals to reestablish self-sustaining populations of bald eagles throughout the Northern regions. Their initial goal was to have 1,200 occupied breeding areas, that is "the local area associated with one territorial pair of eagles and containing one or more nest structures" distributed over a minimum of 16 states within the region by year 2000. They aimed to achieve an annual productivity of 1.0 young per occupied nest. The plan had specific tasks that were characterized by following categories: 1. determine current populations and habitat status, 2. determine minimum population and habitat needed to achieve the goal, 3. protect, and increase the bald eagle populations habitats, and 4. implement a coordination system for information and communication. To achieve these tasks, annual surveys, habitat assessment, and site-specific management planning were performed to establish improved communication and coordination. They worked on improving the habitat conditions especially during winter to maximize the survival rate of these eagles.


Hacking technique

The purpose of a recovery plan for any species is to improve the ranking of the species or remove it from the endangered list. The bald eagle has recovered in most regions of the United States. The banning of DDT made a tremendous impact on the recovery of the bald and golden eagles. The bald eagle is a prominent resident in New York. In the 1960s, the declination of these birds from New York increased due to the distribution of pesticides and
habitat destruction Habitat destruction (also termed habitat loss or habitat reduction) occurs when a natural habitat is no longer able to support its native species. The organisms once living there have either moved elsewhere, or are dead, leading to a decrease ...
. In 1976, the Department of Environmental Conservation (DEC) formed a restoration program called the "hacking technique." The purpose of this technique is to take eaglets (hacking) from wild nests and transfer them to a region where they are raised in artificial nests. The young birds were placed on an artificial nesting platform for several weeks. The birds lived in cages once their feathers became fully developed. In addition, they were fed and watched by human caretakers. Around 12 to 13 weeks old, the eaglets were tested for their flying ability. In order to monitor the birds, a small radio transmitters were placed on the bird's back. DEC assisted with U.S. Fish and Wildlife Service and Cornell University to release 23 successful young eagles. The young eagles learned how to hunt and feed on their own without any parental care. Once they were raised and matured, they were released back to where they were raised from and in hopes of becoming breeding birds. The program was a success across the nation for 13 years. In 1989, the program ended due to an observation made by state biologists. It was observed that the population of released birds was increasing in the New York state reproducing successfully. Due to the Environmental Quality Bond act and the Environmental Protection Fund, these birds are growing at a steady rate by taking advantage of the open land and habitats.


Post de-listing monitoring plan

Under the authority of the
Endangered Species Act The Endangered Species Act of 1973 (ESA; 16 U.S.C. § 1531 et seq.) is the primary law in the United States for protecting and conserving imperiled species. Designed to protect critically imperiled species from extinction as a "consequence of e ...
, a post delisting monitoring plan has been created within states for all the species that have been recovered and delisted. The service requires monitoring bald eagles in a continuous manner over a period of 20 years with sampling events detained once every 5 years. The states have accumulated an attempt to check the bald eagle population annually including their nesting areas and habit areas. The objective of this plan is to gather data from the set of known nest locations and combine it with the area plot samples selected from eagle habitat areas across the nation to present a dual frame estimate. Combining the two data results will provide an accurate estimate of the actual nesting population of bald eagles. The plan includes having a close observation of the
bald eagles The bald eagle (''Haliaeetus leucocephalus'') is a bird of prey found in North America. A sea eagle, it has two known subspecies and forms a Species complex, species pair with the white-tailed eagle (''Haliaeetus albicilla''), which occupies ...
' nests by the state natural resource/wildlife conservation agencies. The purpose of the plan is to distinguish a 25 percent change in occupied bald eagle nests on a national scale over a period of 5-year interval with an 80 percent chance of detecting a 25 percent chance or higher difference between 5-year intervals. A minimum of 200 plots are required to survey across the nation with habitats that include a medium to high density of bald eagle nests. The weather, habit change, population cycles, contaminants, and productivity will be taken into consideration if the bald eagle population is declining. In addition, under the Endangered Species act, further research, extension of monitoring, and resumption of federal protection will take place. The bald eagle's recovery is an intriguing success story. The intention of this plan is to maintain and protect the population from any harm.


Recovery plan in the lower 48 states

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


Penalty


Criminal penalty

The criminal penalty stipulation was increased from a maximum fine of $500 and six months imprisonment to a maximum fine of $5,000 and one year's imprisonment. Furthermore, in the case of second conviction, the penalty was increased to $10,000 fine and two years imprisonment. The maximum amount of a misdemeanor offense was increased $100,000 under the Criminal Fines and Improvement Act of 1987. In addition, $250,000 will be fined for an individual for a felony conviction. Respectively, $200,000 and $500,000 will be fined in case of an organization for a misdemeanor and felony conviction.


Civil penalty

The
civil penalty A civil penalty or civil fine is a financial penalty imposed by a government agency as restitution for wrongdoing. The wrongdoing is typically defined by a codification of legislation, regulations, and decrees. The civil fine is not considered ...
provision was added, stating anyone who takes, possess, transports, sells, barters, or purchases any dead or alive bald or golden eagles will be fined $5,000 for each violation. In addition, he or she who violates or disturbs any egg or nest will be fined under the civil penalty act. The act allowed the taking, possession, or transporting of the bald and golden eagles in areas where they were endangering wildlife and livestock.


Major code sections

Table 1. Major U.S. Code Sections of The Bald and Golden Eagle Protection Act (codified generally as 16 U.S.C. 668-668d)


Permits

In 2007, the bald eagles were removed from the endangered species list due to its population recovery, except the range of Sonoran Desert where the bald eagles population still remains threatened . Upon delisting, a permit program was proposed by the
United States Fish and Wildlife Service The United States Fish and Wildlife Service (USFWS or FWS) is a List of federal agencies in the United States, U.S. federal government agency within the United States Department of the Interior which oversees the management of fish, wildlife, ...
(FWS) for non-purposeful limited take of bald and golden eagles. The policy of these permits is developed by the Division of Migratory Bird Management while the actual permits are issued by the Regional Bird Permit Offices. Permits are issued to those who wish to possess eagles for conducting lawful activities or to those who may disturb an eagles' nest due to lawful activity for human safety or the safety of the birds. Issuance of a permit is based on the activity being conducted that may or may not be qualified. The following activities qualify for a permit:
falconry Falconry is the hunting of wild animals in their natural state and habitat by means of a trained bird of prey. Small animals are hunted; squirrels and rabbits often fall prey to these birds. Two traditional terms are used to describe a person ...
(golden eagles only), raptor propagation, scientific collection, Indian religious purposes, take of depredating birds,
taxidermy Taxidermy is the art of preserving an animal's body by mounting (over an armature) or stuffing, for the purpose of display or study. Animals are often, but not always, portrayed in a lifelike state. The word ''taxidermy'' describes the proces ...
, waterfowl sale and disposal. Special purposes such as rehabilitation, educational, migratory game bird propagation, and salvage may also apply for a permit. Unlawful activities such as sale, purchase, barter, trade, importation or exportation of eagles, their feathers or their parts do not qualify for a permit . In October 2010, the FWS also established a program that allows Native Americans to obtain non-eagle feathers from two repositories. The two locations are the Comanche Nation Ethno-Ornithological Initiative (SIA) located in Cyril, Oklahoma, and Liberty Wildlife Rehabilitation Foundation in Scottsdale, Arizona. Both of these facilities signed individual Memorandums of Agreement (MOA). The FWS permitted these repositories to salvage and obtain regulated migratory bird feathers, carcasses, and their parts to issue them to Native Americans that are federally enrolled in the U.S .


Permit to remove or relocate an eagle nest

This permit is required if an eagle nest appears to be a safety concern or conflicts with certain activities. The permit allows one to remove or relocate in the following cases: 1) inactive or active nests of necessary to alleviate a safety emergency to humans, or eagles (or both), 2) inactive nests if man-made arrangements are inoperable due to the presence of the nest, 3) inactive nests if the removal or relocation is clearly beneficial to the eagles, and 4) removal of inactive nests to ensure public health and safety .


Scientific collecting permit

The scientific collecting permit is under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and the Bald and Golden Eagle Protection Act for export, import, or transport of bald and golden eagles. This permit is required for those who are studying bald and golden eagles. It allows one to take, transport, or possess the bald and golden eagles and be able to collect feathers to conduct certain activities that are not covered by a banding permit. The act regulations require that the eagle items may be transported from and to United States on a temporary basis. The item may not change ownership and the same items must be returned to the sender at the conclusion of the project. To export any other species listed under CITES or Migratory Bird Treaty Act, in addition to bald and golden eagle parts, can be included in the application form. Applications can take up to 90 days to process.


The Federal Eagle Aviary and Eagle Aviary Permit

This permit allows Native American tribes to possess lawfully obtained live bald or golden eagles for religious activities. In order to be eligible for this permit, tribal entities must be registered and be receiving services from the United States
Bureau of Indian Affairs The Bureau of Indian Affairs (BIA), also known as Indian Affairs (IA), is a United States List of United States federal agencies, federal agency within the U.S. Department of the Interior, Department of the Interior. It is responsible for im ...
. The Federal Eagle Aviary is a facility that houses non-releasable bald and golden eagles for the religious purposes of Native Americans. The permit's intent is to provide Native Americans with an additional source of feathers through
moulting In biology, moulting (British English), or molting (American English), also known as sloughing, shedding, or in many invertebrates, ecdysis, is a process by which an animal casts off parts of its body to serve some beneficial purpose, either at ...
. However, human contact with live eagles is minimal with this type of permit. The Caretaker is responsible for maintaining eagles held under this permit. Caretaker must be 18 years of age and it is recommended to have 300 hours of experience over the course of two years. Experience should include: training, capturing, restraining, handling, and transporting eagles. In addition, daily husbandry activities such as caring, feeding, and medical management is also required. Some of this experience can be gained by participating in courses and seminars in handling migratory birds/raptors . Guidelines for caging of eagles are also provided by the permit service to ensure humane and healthful conditions. Guidelines recommend a minimum enclosure of 12'L x 10'W x 9'H for non-flighted eagle and a minimum enclosure of 40'L x 10'W x 9'H for a flighted eagle. Accurate records on a calendar-year basis should be maintained reflecting the acquisition, veterinary care, and disposition of eagle. These records and the maintenance of the cage can be inspected at any reasonable hour by an authorized agent. In addition, an annual report of activities must be sent to the Regional Migratory Bird Permit Office by January 31 of each year .


Federal Eagle Exhibition Permit

This permit authorizes one to obtain bald and golden eagles, their parts, eggs, and nests for educational purposes.
Museums A museum is an institution dedicated to displaying or preserving culturally or scientifically significant objects. Many museums have exhibitions of these objects on public display, and some have private collections that are used by researchers ...
,
scientific societies A learned society ( ; also scholarly, intellectual, or academic society) is an organization that exists to promote an academic discipline, profession, or a group of related disciplines such as the arts and sciences. Membership may be open to al ...
, and zoological parks that is open to general public and who are established and operated as a governmental service or a privately owned but not for profit are eligible for this permit.


''United States v. Hetzel''

''United States District Court for the District of Missouri '' On March 27, 1972, Richard L. Hetzel, the defendant, was charged with violating the Bald Eagle Act. He removed the legs and talons from a dead bald eagle he had found on a beaver dam in the Squaw National Wildlife Refuge. He obtained and kept the eagle parts to bring to a Boy Scout Organization. The court established that there was no presented evidence that the defendant had willfully violated the Act and therefore he was fined one dollar. The defendant appealed the case after the nominal fee was charged. On appeal, the court reasoned that the defendant's act occurred prior to the 1972 amendments concluding that the defendant will not be punished. In addition, thousands of innocent boys have obtained eagle feathers, in which the government convicted a criminal prosecution. The court concluded that the defendant did not intentionally violate the act and therefore the court reversed his conviction and the one-dollar fine.


''United States v. Moon Lake Electric Association Incorporated''

''United States District Court for the District of Colorado'' On June 9, 1998, the United States of America filed charges against the Moon Lake Electric Association, inc., (Moon Lake) for the electrocution of several species of migratory birds, including eagles. In 1997, The Moon Lake had seven violations towards the BGEPA and six violations towards the Migratory Bird Treaty Act (MBTA). This includes the killing of 12 golden eagles, 4 ferruginous hawks, and 1
great horned owl The great horned owl (''Bubo virginianus''), also known as the tiger owl (originally derived from early naturalists' description as the "winged tiger" or "tiger of the air") or the hoot owl, is a large owl native to the Americas. It is an extreme ...
. The government alleged that Moon Lake failed to install inexpensive equipment on 2,450 power poles resulting in the injury of 38 birds of prey within a 29-month period. Moon Lake moved toward dismissal of the charges arguing that both Acts do not apply to involuntary demeanor. The defendant, Moon Lake, argued that each Act is directed towards a "physical" taking of migratory birds and eagles through hunting and
poaching Poaching is the illegal hunting or capturing of wild animals, usually associated with land use rights. Poaching was once performed by impoverished peasants for subsistence purposes and to supplement meager diets. It was set against the huntin ...
. In conclusion, the court dismissed the case, concluding this did not interpret the BGEPA and the MBTA. Subsequently, Moon Lake pleaded guilty to multiple misdemeanors and charged with $100,000 fine. In addition, it entered a Memorandum of Understanding (MOU) with the US Fish and Wildlife Service. The purpose of the MOU is to protect and prevent future bird deaths.


Other laws

The bald eagle is also protected under the: * Migratory Bird Treaty Act of 1918 *
Endangered Species Act The Endangered Species Act of 1973 (ESA; 16 U.S.C. § 1531 et seq.) is the primary law in the United States for protecting and conserving imperiled species. Designed to protect critically imperiled species from extinction as a "consequence of e ...

Lacey Act Amendments of 1981


Notes


References

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *{{cite web, title=Bald Eagle Population: Decline, Recovery, and Protection, year=2007, url=http://www.bluepage.org/bald-eagles/bald-eagle-population.html, publisher=Blue Page, access-date=2012-04-30, archive-url=https://web.archive.org/web/20120416013114/http://www.bluepage.org/bald-eagles/bald-eagle-population.html, archive-date=2012-04-16, url-status=dead , ref=CITEREFBald_Eagle_Population:_Decline,_Recovery,_and_Protection1970 Nature conservation in the United States Eagles Animal welfare and rights legislation in the United States