16 U.S.C. § 668

Bald and golden eagles

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(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.

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.)Editorial NotesReferences 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,”.

Statutory Notes and Related SubsidiariesShort Title

Act June 8, 1940, ch. 278, 54 Stat. 250, which is classified 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 extinction: Therefore

“Be it enacted * * *”

, etc.

Executive DocumentsTransfer 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.

Notes of Decisions

Cited in 149 cases (6 in the last 5 years), 1965–2024 · leading case: United States v. Hardman

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United States v. Hardman (2002) ca10 · cites it 5× “Wilgus with two counts of possessing bald and golden eagle feathers without a permit in violation of the BGE-PA, 16 U.S.C. § 668 (a). Mr. Wilgus entered a conditional plea of guilty, subject to resolution of his constitutional claims.”

Gonzales v. Raich (2005) scotus · cites it 2× “[36] See 16 U. S. C. § 668 (a) (bald and golden eagles); 18 U.”

Ricky Wahchumwah v. United States (2012) ca9 · cites it 5× “Count 2 charged him with offering to sell Golden Eagle tails in violation of the Bald and Golden Eagle Protection Act, 16 U.S.C. § 668 (a). Count 3 charged Wahchumwah with the sale of a Golden Eagle tail in violation of the Lacey Act, 16 U.”

United States v. Jackie White (1975) ca8 · cites it 9× “He was thereupon charged with the unlawful taking of a bald eagle in violation of 16 U.S.C. § 668 (a). White moved for dismissal of the Information on the grounds that 16 U.”

UNITED STATES of America, Plaintiff-Appellee, v. Ronald BRAMBLE, Defendant-Appellant (1997) ca9 · cites it 5× “§ 841 (a); possession of eagle feathers, 16 U.S.C. § 668 (a); and possession of migratory birds, 16 U.”

Voisine v. United States (2016) scotus “See 16 U.S.C. § 668 (a). While investigating that crime, law enforcement officers learned that Voisine owned a rifle.”

Myron G. Sammons and Dorothy Sammons, Petitioners-Appellees/cross-Appellants v. Commissioner of Internal Revenue, Cross- (1988) ca9 · cites it 4× “The Commissioner appeals the Tax Court’s determination that the Sam-mons could include, among the items for which their charitable deduction was taken, artifacts incorporating certain feathers and other parts of birds protected by the Bald Eagle Protection Act, 16 U.S.C. §§ 668…”

United States v. Friday (2008) ca10 · cites it 3× “16 U.S.C. § 668 (a). When it was enacted in 1940, the law applied only to bald eagles, but because golden eagles can sometimes be difficult to distinguish from juvenile bald eagles, the Act was amended in 1962 to include both.”

Andrus v. Allard (1979) scotus · cites it 2× “§ 668 (a), provides in pertinent part: “Whoever, within the United States or any place subject to the jurisdiction thereof, without being permitted to do so as provided in this sub-chapter, shall knowingly, or with wanton disregard 'for the consequences of his act take, possess,…”

Gibbs v. Babbitt (2000) ca4 · cites it 4× “In addressing a post-Lopez challenge to the constitutionality of the Bald Eagle Protection Act, 16 U.S.C. § 668 (1994), the Ninth Circuit found that"[e]xtinction of the eagle would substantially affect interstate commerce by foreclosing any possibility of several types of…”

United States v. Wilgus (2011) ca10 · cites it 3× “The Bald and Golden Eagle Protection Act (“Eagle Act”), 16 U.S.C. § 668 , prohibits possession of the feathers or parts of eagles, but contains an exception to the ban when the feathers are possessed “for the religious purposes of Indian tribes.”

Protect Our Communities Foundation v. Jewell (2016) ca9 · cites it 2× “§§ 703-12 , and the Bald and Golden Eagle Protection Act (Eagle Act), 16 U.S.C. §§ 668 -668d. In *577 addition, Plaintiffs challenge the adequacy of the BLM’s Environmental Impact Statement (EIS) for the project, which was prepared pursuant to the National Environmental Policy…”

Show all 149 citing cases →

— 16 U.S.C. § 668(a) — 3 cases

South Dakota v. Bourland (1993) scotus

United States v. Bramble (1995) hid

Ricky Wahchumwah v. United States (2013) ca9

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.