Bald and Golden Eagle Protection Act
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| Acronym | BGEPA |
|---|---|
| Colloquial name(s) | Eagle Act |
| Citations | |
| Codification | |
| Legislative history | |
| Major amendments | |
| Supreme Court cases | |
| United States v. Dion | |
The Bald and Golden Eagle Protection Act (16 U.S.C. 668-668d) is a legislation in the United States of America that protects two species of eagle. The Bald Eagle was chosen as a 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.[1] 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 eagles. 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 ... [or any golden eagle], alive or dead, or any part, nest, or egg thereof."[2]
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Bald Eagle (left) and Golden Eagle (right)
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In addition to direct actions on the birds, the act also covers disturbance that may result from human-induced changes to the traditional nest sites as such changes may interfere or interrupt their normal behaviour and cause them to abandon their nests.
A violation of the Act can result in a fine of $100,000 ($200,000 for organizations), imprisonment for one year, or both, for a first offense. Penalties increase substantially for additional offenses, and a second violation of this Act is a felony.[3]
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[edit] Conflict with culture and industry
The Act does not make exceptions for religious use of eagle parts such as feathers and Native Americans who traditionally make use of such parts would require to apply for a permit to obtain them.[2][4][5] Even the possession of feathers requires valid permits. Dead eagles recovered by the Fish and Wildlife Service and other Federal agencies are sent to the National Eagle Repository outside of Denver, Colorado, which then extracts feathers and other parts from them and makes them available to Native American religious practitioners who file applications to obtain them.[6][7]
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.[8][9]
[edit] The Bald Eagle as an American symbol
The Bald Eagle became the official symbol of the United States on June 20, 1782 during the Second Constitutional Congress.[10] The eagle was chosen because it embodied long life, great strength and majestic looks, and also because it was then believed to exist only on this continent.[10] These things were important in a symbol to the U.S. founding father while creating the Great Seal of the United States. Not all were happy with the decision of the Bald Eagle. Benjamin Franklin wrote in a letter to his daughter, "I wish the eagle had not been chosen as the representative of this country. He is a bird of bad moral character; he does not get his living honestly." Franklin was a promoter of the turkey as the national bird.[11]
It has been estimated that when chosen to be the United States symbol in 1782 there were somewhere between 25,000 to 75,000 bald eagles in the continental US.[12]
[edit] The Bald Eagle in decline
With the introduction of DDT (dichloro-diphenyl-trichloroethane) as a widespread insecticide in the United States from 1940 to 1950 to control malaria, the bald eagle population crashed. 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.[13]
During the use of DDT the bald eagle population fell to a shocking 487 nesting pairs in 1963. The detrimental effects of DDT had already caused a lot of damage to many bird populations. The public became aware of the harmful effect when Rachel Carson published her book Silent Spring in 1962[14], yet the United States Environmental Protection Agency did not ban DDT until 1972.
[edit] Other causes of Bald Eagle decline
- Habitat loss due to deforestation
- Drop in prey due to over hunting of ducks and other birds
- Target of aggression by farmers protecting livestock[15]
[edit] Golden Eagle
The golden eagle was not affected by the DDT accumulation like the bald eagle due to its differing diet. Golden Eagles primarily feed on small land-dwelling grass eaters, like rabbits. Rather, the Golden Eagle, which is a national symbol for Mexico, is often deliberately poisoned, shot, or trapped. Much of this activity is fueled by the desire to obtain eagle feathers for black market sales.[16]
[edit] Bald Eagle recovery and conservation
Since the 1972 ban on DDT the eagle has been able to gain healthy population growth. The US fish and wildlife services were able to achieve this with the cleaning of water ways including lakes and rivers, protecting nesting sites, and reintroducing eagles back to original environment.[15]
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.[17] 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.[18]
[edit] Act changes
The most recent Eagle act change was in 2009 which 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 (including tribal governments), and other organizations are allowed disturb or otherwise take eagles in the course of conducting lawful activities.[19]
[edit] Other laws
The Bald Eagle is also protected under the:
[edit] Notes
- ^ Wisch 2002.
- ^ a b Iraola 2005.
- ^ USFWS 2010.
- ^ Perkins 2000.
- ^ Tisdale 2001.
- ^ Rosecan 2011.
- ^ Worthen 2005.
- ^ McKinsey 2007.
- ^ USFWS 2011.
- ^ a b BaldEagle info 2011.
- ^ Lawrence 1990.
- ^ US flag 2005.
- ^ Ehrlich 1988.
- ^ DDT and Birds 1988.
- ^ a b US Fish and Wildlife 2010.
- ^ Golden Eagle info 2011.
- ^ fws 2010.
- ^ Federal Register 2007.
- ^ http://www.fws.gov/migratorybirds/baldeagle.htm
[edit] References
- Ebel, David (2011). "Opinion". United States Court of Appeals Tenth Circuit. http://www.eenews.net/assets/2011/03/30/document_gw_02.pdf.
- Iraola, Roberto (2005). "The Bald and Golden Eagle Protection Act". Albany Law Review 68: 973–996. http://www.albanylawreview.org/articles/Iraola(final).pdf.
- McKinsey, JA (2007). "Regulating avian impacts under the migratory bird treaty act and other laws". Energy Law Journal 28 (7): 71–92. http://www.felj.org/docs/elj281/71-92.pdf.
- Lawrence, Elizabeth Atwood (1990). "Symbol of a Nation: The Bald Eagle in American Culture". Journal of American Culture 13 (1): 63–69. doi:10.1111/j.1542-734X.1990.1301_63.x.
- Perkins, Matthew (2000). "The Federal Indian Trust Doctrine and the Bald and Golden Eagle Protection Act: Could Application of the Doctrine Alter the Outcome in U.S. v. Hugs". Environmental Law 30: 701–?.
- Rosecan, Stephen (2008). "A Meaningful Presentation: Proposing a less Restrictive Way to Distribute Eagle Feathers". New England Law Review 42: 891–?.
- Tisdale, Todd L. (2001). "Culture V. Conservation: Does a proposed special regulation threaten the integrity of the National Park System". Boston College Environmental Affairs 29 (1): 111–141. http://www.bc.edu/bc_org/avp/law/lwsch/journals/bcealr/29_1/04_FMS.htm.
- USFWS (2011). "Draft Eagle Conservation Plan Guidance". US Fish and Wildlife Service. http://www.nossaman.com/Files33686_Draft%20Eagle%20Conservation%20Guidance.pdf.
- USFWS (2010). "Bald Eagle Management Guidelines and Conservation Measures". Fish and Wildlife Service. http://www.fws.gov/midwest/eagle/guidelines/bgepa.html.
- Wisch, Rebecca F. (2002). "Detailed Discussion of the Bald and Golden Eagle Protection Act". Animal Law Legal and Historical Web Center, Michigan State University College of Law. http://www.animallaw.info/articles/ddusbgepa.htm.
- Worthen, Kevin J. (2005). "Eagle Feathers and Equality: Lessons on Religious Exceptions from the Native American Experience". University of Colorado Law Review 76: 989–?.
- "US Flag". 2005. http://www.usflag.org/baldeagle.html.
- Ehrlich, Paul R (1988). "DDT and Birds". http://www.stanford.edu/group/stanfordbirds/text/essays/DDT_and_Birds.html.
- "FWS proposal Archive". 2010. http://www.fws.gov/midwest/Eagle/1999prop/index.html.
- "FWS Removes Bald Eagle". http://www.fws.gov/pacific/ecoservices/documents/baldeaglefinaldelistingpublished.pdf.
