Eagles

Summary:

This article discusses the implications of the court decision in U.S. v. Hugs, which denied Native American claims asserting infringement of First Amendment rights as well as treaty rights where eagle parts were sold. This author expresses that the holding in United States v. Hugs is limited to its facts, and does not absolve the government from its obligation under The Federal Indian Trust Doctrine, and that a valid trust doctrine argument remains to be made against the BGEPA.

Summary:

This article explores the inherent conflict between the federal laws to protect eagles through the BGEPA, MBTA, and ESA and Native American religious rights. The author finds that the current eagle permit system for Native Americans is incompatible with free exercise of religion. The author concludes that a revamping of the federal eagle permit system as well as the passage of the Native American Free Exercise of Religion Act (NAFERA)would help accommodate religious needs of Native Americans.

Summary:

This article explores the history and text of the BGEPA. It further examines the relevant legal issues spawned by the Act, including free exercise challenges by Native Americans, the abrogation of treaty rights, commerce in eagle parts, and requisite intent for criminal prosecution under the Act.

Summary:

Ted Williams' article explores the religious ritualistic killing of golden eaglets by a faction of the Hopi Indian Tribe. Williams questions whether the National Park Service Policy that contravenes both the BGEPA and Park Service policy truly reflects the best interest of both the Native American religious community and the fragile eagle population.

Summary:

This final rule revises the general eagle permit restrictions applicable to American Indians and public institutions. This final regulation provides for the issuance of eagle permits for transportation of lawfully possessed eagle parts into or out of the United States only when the eagle parts have a religious purpose, or when a public institution transports eagle parts for scientific or exhibition purposes. In these cases, we will require that the eagle parts be returned to the country of origin. We make this revision to address concerns expressed by American Indians and public institutions who have sought our permission to allow international travel of lawfully possessed eagle parts or items containing eagle parts. We have carefully considered the needs of science and education, the religious protections guaranteed by the United States Constitution, and the recommendations made by those responding to the proposed rule providing for Eagle Transportation Permits for American Indians and Public Institutions published Thursday, June 16, 1994 (Federal Register (59 FR 30892)).

Summary:

We, the Fish and Wildlife Service (the Service), propose to remove the bald eagle (Haliaeetus leucocephalus), from the List of Endangered and Threatened Wildlife in the lower 48 States of the United States. We propose this action because the available data indicate that this species has recovered. The recovery is due in part to habitat protection and management actions initiated under the Endangered Species Act. It is also due to reduction in levels of persistent organochlorine pesticides such as DDT occurring in the environment.

Section 4(g) of the Act requires the Service to monitor recovered species for at least 5 years following delisting. This rule describes our proposed post-delisting monitoring plan for bald eagles. Removal of the bald eagle as a threatened species under the Act will not affect the protection provided under the Bald and Golden Eagle Protection Act, the Migratory Bird Treaty Act, and many other state laws.

Summary:

The U.S. Fish and Wildlife Service (Service) is reopening the comment period on the bald eagle reclassification proposal for thirty days. On July 12, 1994, the Service proposed reclassifying the bald eagles of the lower 48 States as threatened, except those already listed as threatened and those of the Southwestern Recovery Region and Mexico. The bald eagles of the Southwestern Recovery Region were proposed to remain listed as endangered. The Service also proposed classifying bald eagles in Mexico as endangered; they are not currently listed as endangered or threatened. Specific public comment was solicited on the status of bald eagles in the Southwest and Mexico and the distinctness of those eagles as a separate population.

New information indicates that the Southwestern and Mexican bald eagles may not warrant a classification as endangered. The Service is making available for public review and comment information recently received about bald eagles of the Southwestern Recovery Region.

Summary:

This executive order affirms the executive's commitment to expediting the permit process through which Native Americans receive eagle feathers and parts for religious ceremonial service.  It specifically affirms the trust relationship between the government and tribal nations.

Summary: This provision relates to property seized as part of a forfeiture proceeding.

Summary: This provision describes the applicable donation or loan procedures for forfeited or abandoned wildlife property. Of particular interest is the section that requires that donation of eagle parts to Native Americans for religious purpose must proceed according to the Indian religious permit procedures outlined in 50 C.F.R. 22.22.