Bald and Golden Eagle Protection Act

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 668-668d
Bald and Golden Eagle Protection Act
SUBCHAPTER II—PROTECTION OF BALD AND GOLDEN EAGLES
Release date: 2004-04-30
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668. Bald and golden eagles
668a. Taking and using of the bald and golden eagle for scientific, exhibition, and religious purposes
668b. Enforcement provisions
668c. Definitions
668d. Availability of appropriations for Migratory Bird Treaty Act

§ 668. Bald and golden eagles
(a) Prohibited acts; criminal penalties
Whoever, within the United States or any place subject to the jurisdiction thereof, without 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, purchase or barter, transport, 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 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 second 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 constitute a separate violation of this section: Provided
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, without being permitted to
do so as provided in this subchapter, shall take, possess, sell, purchase, barter, offer to sell, purchase or
barter, transport, 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 subchapter, 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
offense. No penalty shall be assessed unless such person is given notice and opportunity for a hearing with
respect to such violation. In determining 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 penalty. Upon any failure to pay the penalty assessed under this
section, the Secretary may request 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
penalty and such court shall have jurisdiction to hear and decide any such action. In hearing any such action,
the court must sustain the Secretary’s action if supported by substantial evidence.
(c) Cancellation of grazing agreements
The head of any Federal agency who has issued a lease, license, permit, or other agreement authorizing the
grazing of domestic livestock on Federal lands to any person who is convicted of a violation of this subchapter
or of any permit or regulation issued hereunder may immediately cancel each such lease, license, permit, or
other agreement. The United States shall not be liable for the payment of any compensation, reimbursement,
or damages in connection with the cancellation of any lease, license, permit, or other agreement pursuant to

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U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 668-668d
Bald and Golden Eagle Protection Act
this section.
§ 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 compatible with the
preservation of the bald eagle or the golden eagle to permit the taking, possession, 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 taking of
such eagles for the protection of wildlife or of agricultural or other interests in any particular 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 seasonally protecting domesticated flocks and herds in such State, in
accordance with regulations 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 permit to do so is
procured from the Secretary of the Interior: Provided further, That the Secretary of the Interior, pursuant to
such regulations as he may prescribe, may permit the taking, possession, and transportation of golden eagles
for the purposes of falconry, except that only golden eagles which would be taken because of depredations on
livestock or wildlife may be taken for purposes of falconry: Provided further, That the Secretary of the
Interior, pursuant to such regulations as he may prescribe, may permit the taking of golden eagle nests which
interfere with resource development or recovery operations.
§ 668b. Enforcement provisions
(a) Arrest; search; issuance and execution of warrants and process
Any employee of the Department of the Interior authorized by the Secretary of the Interior to enforce the
provisions of this subchapter may, without warrant, arrest any person committing in his presence or view a
violation of this subchapter or of any permit or regulations issued hereunder and take such person
immediately for examination or trial before an officer or court of competent jurisdiction; may execute any
warrant or other process issued by an officer or court of competent jurisdiction for the enforcement of the
provisions of this subchapter; and may, with or without a warrant, as authorized by law, search any place.
The Secretary of the Interior is authorized to enter into cooperative agreements with State fish and wildlife
agencies or other appropriate State authorities to facilitate enforcement of this subchapter, and by said
agreements to delegate such enforcement authority to State law enforcement personnel as he deems
appropriate for effective enforcement of this subchapter. Any judge of any court established under the laws of
the United States, and any United States magistrate judge may, within his respective jurisdiction, upon proper
oath or affirmation showing probable cause, issue warrants in all such cases.
(b) Forfeiture
All bald or golden eagles, or parts, nests, or eggs thereof, taken, possessed, sold, purchased, bartered,
offered for sale, purchase, or barter, transported, exported, or imported contrary to the provisions of this
subchapter, or of any permit or regulation issued hereunder, and all guns, traps, nets, and other equipment,
vessels, vehicles, aircraft, and other means of transportation used to aid in the taking, possessing, selling,
purchasing, bartering, offering for sale, purchase, or barter, transporting, exporting, or importing of any bird,
or part, nest, or egg thereof, in violation of this subchapter or of any permit or regulation issued hereunder
shall be subject to forfeiture to the United States.
(c) Customs laws applied
All provisions of law relating to the seizure, forfeiture, and condemnation of a vessel for violation of the
customs laws, the disposition of such vessel or the proceeds from the sale thereof, and the remission or
mitigation of such forfeitures, shall apply to the seizures and forfeitures incurred, or alleged to have been
incurred, under the provisions of this subchapter, insofar as such provisions of law are applicable and not

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U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 668-668d
Bald and Golden Eagle Protection Act
inconsistent with the provisions of this subchapter: Provided, That all powers, rights, and duties conferred or
imposed by the customs laws upon any officer or employee of the Treasury Department shall, for the purposes
of this subchapter, be exercised or performed by the Secretary of the Interior or by such persons as he may
designate.
§ 668c. Definitions
As used in this subchapter “whoever” includes also associations, partnerships, and corporations; “take”
includes also pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest or disturb; “transport”
includes also ship, convey, carry, or transport by any means whatever, and deliver or receive or cause to be
delivered or received for such shipment, conveyance, carriage, or transportation.
§ 668d. Availability of appropriations for Migratory Bird Treaty Act
Moneys now or hereafter available to the Secretary of the Interior for the administration and enforcement of
the Migratory Bird Treaty Act of July 3, 1918 [16 U.S.C. 703 et seq.], shall be equally available for the
administration and enforcement of this subchapter.

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