16 U.S.C. § 668 — Bald and golden eagles

Page 1170 TITLE 16—CONSERVATION § 668 ing Disease Task Force established by section 104 of America’s Conservation Enhancement Act (Public Law 116–188) [16 U.S.C. 667h], should coordinate finan- cial and technical support to States and Tribes, State and Tribal departments of agriculture, State and Tribal wildlife agencies, institutions of higher edu- cation, and research centers conducting scientific re- search on chronic wasting disease. ‘‘(4) Pursuant to State and Federal law, the States retain primacy and policymaking authority with re- gard to wildlife management. ‘‘(5) Under current policies, chronic wasting disease remains a systemic threat to cervids. ‘‘(6) Scientific advances that lead to the ability to stop transmission of chronic wasting disease are needed to ensure the long-term viability of cervids.’’ SUBCHAPTER II—PROTECTION OF BALD AND GOLDEN EAGLES § 668. Bald and golden eagles (a) Prohibited acts; criminal penalties Whoever, within the United States or any place subject to the jurisdiction thereof, with- out being permitted to do so as provided in this subchapter, shall knowingly, or with wanton disregard for the consequences of his act take, possess, sell, purchase, barter, offer to sell, pur- chase or barter, transport, export or import, at any time or in any manner any bald eagle com- monly known as the American eagle or any golden eagle, alive or dead, or any part, nest, or egg thereof of the foregoing eagles, or whoever violates any permit or regulation issued pursu- ant to this subchapter, shall be fined not more than $5,000 or imprisoned not more than one year or both: Provided, That in the case of a sec- ond or subsequent conviction for a violation of this section committed after October 23, 1972, such person shall be fined not more than $10,000 or imprisoned not more than two years, or both: Provided further, That the commission of each taking or other act prohibited by this section with respect to a bald or golden eagle shall con- stitute a separate violation of this section: Pro- vided further, That one-half of any such fine, but not to exceed $2,500, shall be paid to the person or persons giving information which leads to conviction: Provided further, That nothing herein shall be construed to prohibit possession or transportation of any bald eagle, alive or dead, or any part, nest, or egg thereof, lawfully taken prior to June 8, 1940, and that nothing herein shall be construed to prohibit possession or transportation of any golden eagle, alive or dead, or any part, nest, or egg thereof, lawfully taken prior to the addition to this subchapter of the provisions relating to preservation of the golden eagle. (b) Civil penalties Whoever, within the United States or any place subject to the jurisdiction thereof, with- out being permitted to do so as provided in this subchapter, shall take, possess, sell, purchase, barter, offer to sell, purchase or barter, trans- port, export or import, at any time or in any manner, any bald eagle, commonly known as the American eagle, or any golden eagle, alive or dead, or any part, nest, or egg thereof of the foregoing eagles, or whoever violates any permit or regulation issued pursuant to this sub- chapter, may be assessed a civil penalty by the Secretary of not more than $5,000 for each such violation. Each violation shall be a separate of- fense. No penalty shall be assessed unless such person is given notice and opportunity for a hearing with respect to such violation. In deter- mining the amount of the penalty, the gravity of the violation, and the demonstrated good faith of the person charged shall be considered by the Secretary. For good cause shown, the Secretary may remit or mitigate any such pen- alty. Upon any failure to pay the penalty as- sessed under this section, the Secretary may re- quest the Attorney General to institute a civil action in a district court of the United States for any district in which such person is found or resides or transacts business to collect the pen- alty and such court shall have jurisdiction to hear and decide any such action. In hearing any such action, the court must sustain the Sec- retary’s action if supported by substantial evi- dence. (c) Cancellation of grazing agreements The head of any Federal agency who has issued a lease, license, permit, or other agree- ment authorizing the grazing of domestic live- stock on Federal lands to any person who is con- victed of a violation of this subchapter or of any permit or regulation issued hereunder may im- mediately cancel each such lease, license, per- mit, or other agreement. The United States shall not be liable for the payment of any com- pensation, reimbursement, or damages in con- nection with the cancellation of any lease, li- cense, permit, or other agreement pursuant to this section. (June 8, 1940, ch. 278, § 1, 54 Stat. 250; Pub. L. 86–70, § 14, June 25, 1959, 73 Stat. 143; Pub. L. 87–884, Oct. 24, 1962, 76 Stat. 1246; Pub. L. 92–535, § 1, Oct. 23, 1972, 86 Stat. 1064.) Editorial Notes REFERENCES IN TEXT Prior to the addition to this subchapter of the provi- sions relating to preservation of the golden eagle, re- ferred to in subsec. (a), means prior to Oct. 24, 1962, the date such provisions were enacted by Pub. L. 87–884 as an amendment of this section and section 668a of this title. AMENDMENTS 1972—Pub. L. 92–535 designated existing provisions as subsec. (a), substituted ‘‘shall knowingly, or with wan- ton disregard for the consequences of his act take’’ for ‘‘shall take’’, increased fine and imprisonment terms from $500 or six months to $5,000 or one year, and in- serted provisions that a second conviction carry a pen- alty of $10,000 fine or imprisonment of not more than two years, that each taking constitute a separate of- fense, and that informers be rewarded one-half of the fine not exceeding $2,500, and added subsecs. (b) and (c). 1962—Pub. L. 87–884 extended prohibitions against the enumerated acts to the golden eagle and changed pro- viso by substituting ‘‘bald eagle’’, ‘‘June 8, 1940’’ and ‘‘and that nothing in said sections shall be construed to prohibit possession or transportation of any golden eagle, alive or dead, or any part, nest, or egg thereof, lawfully taken prior to the addition to said sections of the provisions relating to preservation of the golden eagle’’ for ‘‘such eagle,’’ ‘‘the effective date of said sec- tions’’ and ‘‘but the proof of such taking shall lie upon the accused in any prosecution under said sections’’, re- spectively. Page 1171 TITLE 16—CONSERVATION § 668a 1959—Pub. L. 86–70 struck out ‘‘except the Territory of Alaska,’’ after ‘‘subject to the jurisdiction thereof,’’. Statutory Notes and Related Subsidiaries SHORT TITLE Act June 8, 1940, ch. 278, 54 Stat. 250, which is classi- fied to this subchapter, is popularly known as the ‘‘Bald and Golden Eagle Protection Act’’ and also as the ‘‘Bald Eagle Protection Act’’. LEGISLATIVE INTENT Enacting clause of act June 8, 1940, provided: ‘‘Whereas the Continental Congress in 1782 adopted the bald eagle as the national symbol; and ‘‘Whereas the bald eagle thus became the symbolic representation of a new nation under a new government in a new world; and ‘‘Whereas by that act of Congress and by tradition and custom during the life of this Nation, the bald eagle is no longer a mere bird of biological interest but a symbol of the American ideals of freedom; and ‘‘Whereas the bald eagle is now threatened with ex- tinction: Therefore ‘‘Be it enacted * * *’’, etc. Executive Documents TRANSFER OF FUNCTIONS Enforcement functions of Secretary or other official in Department of the Interior related to compliance with this subchapter with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas trans- ferred to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§ 102(e), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5, Government Organization and Employees. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and au- thority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Func- tions and authority vested in Secretary of Energy sub- sequently transferred to Federal Coordinator for Alas- ka Natural Gas Transportation Projects by section 720d(f) of Title 15. § 668a. Taking and using of the bald and golden eagle for scientific, exhibition, and religious purposes Whenever, after investigation, the Secretary of the Interior shall determine that it is com- patible with the preservation of the bald eagle or the golden eagle to permit the taking, posses- sion, and transportation of specimens thereof for the scientific or exhibition purposes of public museums, scientific societies, and zoological parks, or for the religious purposes of Indian tribes, or that it is necessary to permit the tak- ing of such eagles for the protection of wildlife or of agricultural or other interests in any par- ticular locality, he may authorize the taking of such eagles pursuant to regulations which he is hereby authorized to prescribe: Provided, That on request of the Governor of any State, the Secretary of the Interior shall authorize the taking of golden eagles for the purpose of sea- sonally protecting domesticated flocks and herds in such State, in accordance with regula- tions established under the provisions of this section, in such part or parts of such State and for such periods as the Secretary determines to be necessary to protect such interests: Provided further, That bald eagles may not be taken for any purpose unless, prior to such taking, a per- mit to do so is procured from the Secretary of the Interior: Provided further, That the Sec- retary of the Interior, pursuant to such regula- tions as he may prescribe, may permit the tak- ing, possession, and transportation of golden ea- gles for the purposes of falconry, except that only golden eagles which would be taken be- cause of depredations on livestock or wildlife may be taken for purposes of falconry: Provided further, That the Secretary of the Interior, pur- suant to such regulations as he may prescribe, may permit the taking of golden eagle nests which interfere with resource development or recovery operations. (June 8, 1940, ch. 278, § 2, 54 Stat. 251; Pub. L. 87–884, Oct. 24, 1962, 76 Stat. 1246; Pub. L. 92–535, § 2, Oct. 23, 1972, 86 Stat. 1065; Pub. L. 95–616, § 9, Nov. 8, 1979, 92 Stat. 3114.) Editorial Notes AMENDMENTS 1978—Pub. L. 95–616 authorized taking of golden eagle nests which interfere with resource development or re- covery operations. 1972—Pub. L. 92–535 inserted proviso that the Sec- retary of the Interior may permit the taking, posses- sion, and transportation of golden eagles for the pur- poses of falconry with exception that only golden ea- gles that cause depredations on livestock and wildlife may be taken for falconry. 1962—Pub. L. 87–884 extended provisions of section to the golden eagle, permitted the taking of specimens for the religious purposes of Indian tribes and authorized the taking of golden eagles for purpose of seasonally protecting domesticated flocks and herds. Executive Documents POLICY CONCERNING DISTRIBUTION OF EAGLE FEATHERS FOR NATIVE AMERICAN RELIGIOUS PURPOSES Memorandum of President of the United States, Apr. 29, 1994, 59 F.R. 22953, provided: Memorandum for the Heads of Executive Depart- ments and Agencies Eagle feathers hold a sacred place in Native Amer- ican culture and religious practices. Because of the feathers’ significance to Native American heritage and consistent with due respect for the government-to-gov- ernment relationship between the Federal and Native American tribal governments, this Administration has undertaken policy and procedural changes to facilitate the collection and distribution of scarce eagle bodies and parts for this purpose. This memorandum affirms and formalizes executive branch policy to ensure that progress begun on this important matter continues across the executive branch. Today, as part of an historic meeting with all feder- ally recognized tribal governments, I am directing ex- ecutive departments and agencies (hereafter collec- tively ‘‘agency’’ or ‘‘agencies’’) to work cooperatively with tribal governments and to reexamine broadly their practices and procedures to seek opportunities to accommodate Native American religious practices to the fullest extent under the law. As part of these efforts, agencies shall take steps to improve their collection and transfer of eagle carcasses and eagle body parts (‘‘eagles’’) for Native American re- ligious purposes. The success of this initiative requires the participation, and is therefore the responsibility, of