The Bald and Golden Eagle Protection Act (Eagle Act) prohibits anyone, without a permit issued by the Secretary of the Interior, from “taking” bald eagles, including their parts, nests, or eggs. The Eagle 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.” The Act defines “take” as “pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest or disturb.”
Purpose of the Act
The primary purpose of the Eagle Act is to protect bald eagles and golden eagles. Bald eagles and golden eagles are majestic birds that play an important role in the ecosystem. They are also national symbols of the United States. The bald eagle is the national emblem that appears on the Great Seal of the United States.
Before 1940, habitat destruction, shooting, and poisoning reduced the bald eagle population to just 417 known nesting pairs in the continental United States (excluding Alaska). Bald eagles showed signs of recovery by the early 1960s, but widespread use of the pesticide DDT threatened them until it was banned in 1972. DDT accumulated in fish, the eagles’ main food source. It interfered with the birds’ calcium metabolism causing thin, fragile eggshells, severely hampering reproduction.
The Eagle Act was passed in 1940 to protect the declining eagle population. It was amended several times to further strengthen protections as the bald eagle population slowly recovered. Golden eagles have not faced the same degree of threats, but were provided similar protections under the Eagle Act.
Key Provisions
The Eagle Act prohibits anyone from “taking” bald eagles or golden eagles without a permit issued by the Secretary of the Interior. Key provisions include:
- Bans the taking or possessing of and commerce in bald and golden eagles with limited exceptions
- Defines “take” broadly to include disturbing or poisoning eagles as well as hunting, shooting, and killing
- Provides criminal and civil penalties for violating the law
- Authorizes the Secretary of the Interior to allow takes through regulations or permits for certain purposes such as scientific collection, falconry, tribal religious use, or protection of livestock or other interests
- Requires documentation and annual reporting for any takes allowed via permit
The Interior Department’s U.S. Fish and Wildlife Service administers and enforces the Eagle Act. First time criminal violators face up to $100,000 in fines and one year in prison. Penalties increase for additional offenses, and civil penalties up to $5,000 per violation may also apply.
Permits and Regulations
The Fish and Wildlife Service may issue permits authorizing limited, non-purposeful takes of eagles when the taking is associated with, but not the purpose of, an otherwise lawful activity. Such permits often contain measures to avoid, minimize, and mitigate any impacts to eagles. For example, utilities can obtain permits for foreseeable takings of eagles caused by electric power facilities.
The Service has also established a number of regulations that authorize certain takes of eagles without the need for permits in specific circumstances:
- Native American religious use of eagles and eagle parts
- Possession and transportation of lawfully acquired eagle items (e.g., members of federally recognized tribes, enrolled members of Alaska Native tribes, and museums)
- Falconry under certain conditions
- Take of depredating eagles under defined situations
The Eagle Act and implementing regulations contain specific requirements concerning disposition of dead eagles and their parts. Federally recognized Native American tribes can obtain whole bald and golden eagles or eagle parts for religious use.
Population Recovery
The bald eagle population has rebounded significantly under the protections of the Eagle Act. Habitat protection and banning of DDT allowed bald eagles to successfully breed and raise young again. In 2020, over 71,400 bald eagle nest sites were occupied in the lower 48 states, up from less than 500 in 1963. The species was removed from the list of threatened and endangered species in 2007.
While no longer facing extinction, bald eagles remain protected under the Eagle Act and other laws. Eagles concentrate along shorelines and river systems where human activity and development also occurs. More than 100 eagles are struck and killed each year by wind turbines and vehicles, electrocuted on power lines, or poisoned by lead ammunition. Careful management of eagle populations continues to be needed.
Conclusion
The Bald and Golden Eagle Protection Act has succeeded in recovering declining bald eagle populations through prohibiting takes and commerce, providing penalties, and authorizing limited exceptions through permits and regulations. Ongoing conservation efforts continue to be needed to manage threats to eagles from human activities. The Eagle Act stands as one of America’s great conservation success stories, pulling an iconic national symbol back from the brink of extinction.
