The Act provides criminal penalties for persons who "take, possess, sell, purchase, barter, offer to sell, purchase or barter, transport, export or import, at any time or any manner, any bald eagle ... [or any golden eagle], alive or dead, or any part, nest, or egg thereof.
[5] In contrast, John F. Kennedy stated, "The Founding Fathers made an appropriate choice when they selected the bald eagle as the emblem of the nation.
They honor and respect the eagles for they are believed to symbolize certain characteristics such as honesty, truth, majesty, strength, courage, wisdom, power and freedom.
It is also believed that because eagles fly higher in the sky for long periods of time, they carry prayers from ground to the Creator of the world.
A draft of guidelines for the wind energy industry, which incorporates means for applying for "incidental take" permits under the Act and thus avoiding its penalties, was released in 2011 by the US Fish and Wildlife Service.
[17][18] With the introduction of DDT (dichloro-diphenyl-trichloroethane) as a widespread insecticide in the United States from 1940 to 1950 to control malaria, the bald eagle population decreased precipitously, falling to a low point of 487 nesting pairs in 1963.
By this point, the detrimental effects of DDT had already been a causative factor in the decline of other bird populations, and public awareness was raised when Rachel Carson published her book Silent Spring in 1962.
The center started breeding with one pair and began studying their behavior, functioning, and other areas to make this a successful rehabilitation program.
In contrast, the golden eagle primarily eats rabbits, hares, ground squirrels, and other common prey, which has allowed them to escape the harms of DDT and other related chemicals.
For many years, the electric distribution utilities have worked with wildlife biologists and government agencies to research, develop and deploy power lines and poles that are safer for all birds, including eagles.
The United States Fish and Wildlife Service was able to achieve this with the cleaning of waterways including lakes and rivers, protecting nesting sites, and reintroducing eagles back to their original environments.
[22] The bald eagle was first proposed to be removed from the protection of the US Endangered Species Act by the US fish and wildlife services in the 1999 issue of the Federal Register.
[23] The final rule to remove or delist the bald eagle from the Endangered Species act was published on July 9, 2007 and was put into effect on August 8, 2007.
To achieve these tasks, annual surveys, habitat assessment, and site-specific management planning were performed to establish improved communication and coordination.
A minimum of 200 plots are required to survey across the nation with habitats that include a medium to high density of bald eagle nests.
In addition, under the Endangered Species act, further research, extension of monitoring, and resumption of federal protection will take place.
[30] The civil penalty provision was added, stating anyone who takes, possess, transports, sells, barters, or purchases any dead or alive bald or golden eagles will be fined $5,000 for each violation.
The act allowed the taking, possession, or transporting of the bald and golden eagles in areas where they were endangering wildlife and livestock.
[33] Upon delisting, a permit program was proposed by the United States Fish and Wildlife Service (FWS) for non-purposeful limited take of bald and golden eagles.
The following activities qualify for a permit: falconry (golden eagles only), raptor propagation, scientific collection, Indian religious purposes, take of depredating birds, taxidermy, waterfowl sale and disposal.
Unlawful activities such as sale, purchase, barter, trade, importation or exportation of eagles, their feathers or their parts do not qualify for a permit .
The FWS permitted these repositories to salvage and obtain regulated migratory bird feathers, carcasses, and their parts to issue them to Native Americans that are federally enrolled in the U.S .
It allows one to take, transport, or possess the bald and golden eagles and be able to collect feathers to conduct certain activities that are not covered by a banding permit.
To export any other species listed under CITES or Migratory Bird Treaty Act, in addition to bald and golden eagle parts, can be included in the application form.
[35] This permit allows Native American tribes to possess lawfully obtained live bald or golden eagles for religious activities.
In order to be eligible for this permit, tribal entities must be registered and be receiving services from the United States Bureau of Indian Affairs.
Museums, scientific societies, and zoological parks that is open to general public and who are established and operated as a governmental service or a privately owned but not for profit are eligible for this permit.
He removed the legs and talons from a dead bald eagle he had found on a beaver dam in the Squaw National Wildlife Refuge.
The government alleged that Moon Lake failed to install inexpensive equipment on 2,450 power poles resulting in the injury of 38 birds of prey within a 29-month period.
The defendant, Moon Lake, argued that each Act is directed towards a "physical" taking of migratory birds and eagles through hunting and poaching.