Bald and Golden Eagle Protection Act

16 USC 668
NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

TITLE 16 - CONSERVATION
CHAPTER 5A - PROTECTION AND CONSERVATION OF WILDLIFE
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, 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 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.)

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16 USC 668
NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

References in Text
Prior to the addition to this subchapter of the provisions relating to preservation of the golden eagle, referred 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 wanton
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 inserted provisions that a second conviction carry a penalty of $10,000 fine or
imprisonment of not more than two years, that each taking constitute a separate offense, 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 proviso
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 sections” and “but the proof of such taking shall lie upon the accused in any prosecution under
said sections”, respectively.
1959—Pub. L. 86–70 struck out “except the Territory of Alaska,” after “subject to the jurisdiction thereof,”.

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 transferred 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 authority 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. Functions and authority vested in Secretary of Energy subsequently
transferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by section 720d (f) of Title 15.

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 extinction: Therefore
“Be it enacted * * *”, etc.

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