50 C.F.R. § 22.2
Purpose of this part
This part controls the taking, possession, and transportation within the United States of bald eagles (Haliaeetus leucocephalus) and golden eagles (Aquila chrysaetos) and their parts, nests, and eggs for scientific, educational, and depredation control purposes; for the religious purposes of American Indian tribes; and to protect other interests in a particular locality. This part also governs the transportation into or out of the United States of bald and golden eagle parts for scientific, educational, and Indian religious purposes. The import, export, purchase, sale, trade, or barter of bald and golden eagles, or their parts, nests, or eggs is prohibited.
Notes of Decisions
Cited in 9
cases, 1979–2014 · leading case: United States v. Hardman, 297 F.3d 1116 (10th Cir. 2002).
United States v. Hardman, 297 F.3d 1116 (10th Cir. 2002). “Permits are not required, however, for bald eagle parts, nests, or eggs that were acquired prior to June 8, 1940, or for golden *1123 eagle parts, nests, or eggs that were acquired prior to October 24, 1962.”
Andrus v. Allard, 444 U.S. 51 (1979). “50 CFR § 22.2 (a) (1978): “Bald eagles, alive or dead, or their parts, nests, or eggs lawfully acquired prior to June 8, 1940, and golden eagles, alive or dead, or their parts, nests, or eggs lawfully acquired prior to October 24, 1962, may be possessed, or transported without a…”
Mc Allen Grace Brethren Church v. U.S. Atto, 764 F.3d 465 (5th Cir. 2014). “50 C.F.R. § 22.2 . 3 The regulations promulgated by the Department to enforce the statute further indicate that eagles or eagle parts possessed pursuant to a valid permit may not be transferred unless they have been “handed down from generation to generation or from one Indian…”
Paul Conti & Conti Corp. (As Owner of F/v Providenza) v. United States, 291 F.3d 1334 (Fed. Cir. 2002). “2 (a) (1978) (promulgated pursuant to the Migratory Bird Treaty Act); 50 C.F.R. § 22.2 (a) (1978) (promulgated pursuant to the Eagle Protection Act).”
United States v. Tawahongva, 456 F. Supp. 2d 1120 (D. Ariz. 2006). “At the evidentiary hearing Defendant asserted the permit system is contrary to law because the governing section of the Code of Federal Regulations, 50 C.F.R. 22.2 requires the United States Fish and Wildlife Service to issue the permits to take golden eagles to "individuals.”
Perry v. Lyon (In Re Pajarito Am. Indian Art, Inc.), 7 B.R. 343 (Bankr. D. Ariz. 1980). “The Supreme Court held, “The prohibition against the sale of bird parts lawfully taken before the effective date of federal protection is fully consonant with the purposes of the Eagle Protection Act. It was reasonable for Congress to conclude that the possibility of commercial…”
United States v. Wilgus, 606 F. Supp. 2d 1308 (D. Utah 2009). “50 C.F.R. § 22.2 . It is, in other words, lawful to possess feathers acquired before the Acts were passed.”
Mc Allen Grace Brethren Church v. U.S. Atto (5th Cir. 2014). “50 C.F.R. § 22.2 . 3 The regulations promulgated by the Department to enforce the statute further indicate that eagles or eagle parts possessed pursuant to a valid permit may not be transferred unless they have been “handed down from generation to generation or from one Indian…”
United States v. Hardman, 622 F. Supp. 2d 1129 (D. Utah 2009). “50 C.F.R. § 22.2 . It is, in other words, lawful to possess feathers acquired before the Acts were passed.”
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