16 U.S.C. § 668a

Taking and using of the bald and golden eagle for scientific, exhibition, and religious purposes

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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.

Notes of Decisions

Cited in 31 cases, 1975–2018 · leading case: United States v. Wilgus

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United States v. Wilgus (2011) ca10 · cites it 5× “16 U.S.C. § 668a (emphasis added). Therefore, provided that the Secretary of the Interior is satisfied that to do so “is compatible with the preservation” of bald and golden eagles, he may by regulation allow possession of eagle parts “for the religious purposes of Indian tribes.”

Mc Allen Grace Brethren Church v. U.S. Atto (2014) ca5 · cites it 6× “Subsection (b) provides that “Government 7 While the Eagle Protection Act specifies that the religious exception is “for the religious purposes of Indian tribes,” 16 U.S.C. § 668a, the actual permits are granted to individual members of tribes, not to the tribes themselves.”

Frank v. State (1979) alaska · cites it 4× “For example, 16 U.S.C.A. § 668a (Supp. 1979), authorizes the Secretary of the Interior to allow eagles to be taken "for the religious purposes of Indian tribes," upon a finding that the taking is compatible with the preservation of the species.”

South Dakota v. Bourland (1993) scotus · cites it 2× “16 U. S. C. § 668a. We found this exemption "difficult to explain except as a reflection of an understanding that the statute otherwise bans the taking of eagles by Indians.”

United States v. Hardman (2002) ca10 “§§ 668 and 703 and the exceptions to the general ban authorized by 16 U.S.C. §§ 668a and 704. The issue not raised by these appeals is whether the procedures for distributing eagle parts from the National Eagle Repository are contrary to RFRA.”

United States v. Vasquez-Ramos (2008) ca9 · cites it 2× “16 U.S.C. § 668a; 50 C.F.R. § 22.22 . Permits authorizing acquisition and possession of whole or parts of eagles may be issued “for the religious purposes of Indian tribes.”

United States v. Jackie White (1975) ca8 · cites it 3× “ses 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, may…”

United States v. Dion (1986) scotus “16 U. S. C. § 668a. Congressional intent to abrogate Indian treaty rights to hunt bald and golden eagles is certainly strongly suggested on the face of the Eagle Protection Act.”

United States v. Friday (2008) ca10 “16 U.S.C. § 668a; 50 C.F.R. § 22.22 . An applicant must be a member of a federally-recognized tribe and must write to the Migratory Bird Permit Office in his region, explaining how many eagles of what species he wishes to take, as well as the tribe and ceremony for which they…”

United States v. Dean R. Fryberg (1980) ca9 · cites it 2× “He did not possess a permit which would allow a taking pursuant to 16 U.S.C. § 668a. 3 At the hearing in district court Fryberg claimed that his purpose in shooting the eagle was to obtain its feathers and other parts to decorate Indian ceremonial objects for use in organized…”

Defenders of Wildlife v. Administrator, Environmental Protection Agency (1988) mnd · cites it 2× “To remedy violations of the MBTA and BGEPA, the Administrator and his agents are enjoined from continuing the registrations of strychnine for above-ground use as a pesticide or rodenticide within the ranges of the bald eagle and golden eagle unless the Administrator certifies…”

United States v. Frank A. Hugs, United States of America v. William E. Hugs (1997) ca9 “16 U.S.C. § 668a; 50 C.F.R. § 22.22 . The Hugs argue that their right to free exercise of religion is effectively denied by the prohibition of the statute and by the difficulty of obtaining eagles or eagle parts administratively.”

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