by John M. Simpson<\/p>\n
Recent news reports<\/a> have detailed an experience related by Governor Andrew Cuomo of New York\u00a0in which an unspecified member of his family\u00a0reportedly\u00a0retrieved a bald eagle feather during a canoe trip on Lake Saranac.\u00a0\u00a0The reports have generated discussion as to the legal issues surrounding the possession of a bald eagle feather.\u00a0 <\/p>\n The American bald eagle (as well as the golden eagle) is protected by the Bald and Golden Eagle Protection Act, a measure passed by Congress in 1940.\u00a0 16 U.S.C. \u00a7\u00a7 668 & 668a-668d.\u00a0 Among other things, the law\u00a0prohibits any person, not otherwise authorized by permit or regulation, from knowingly\u00a0“taking” or possessing\u00a0any bald or golden eagle or “any part, nest, or egg thereof of the foregoing eagles.”\u00a0 16 U.S.C. \u00a7 668(a); 50 C.F.R. \u00a7 22.\u00a0 “Take,” in turn, is defined to include capture or collect.\u00a0 16 U.S.C. \u00a7 668c; 50 C.F.R. \u00a7 22.3.\u00a0 The law prescribes civil penalties<\/a> for violations of the Act, to a maximum of $5,000 or one year imprisonment with $10,000 or not more than two years imprisonment for a second conviction.\u00a0 Felony convictions result in a maximum fine of $250,000 or two years imprisonment.\u00a0 The U.S. Fish and Wildlife Service (FWS) provides rewards for information leading to the arrest and conviction of violators of the Act.<\/p>\n The bald eagle has also been the beneficiary of other federal legal protections.\u00a0 From 1967 through 1995, the bald eagle was listed as endangered under the Endangered Species Act (ESA) in 43 of the 48 lower U.S. states.\u00a0 From 1995 through 2007, the bald eagle was listed as threatened under the ESA in all 48 contiguous U.S. states.\u00a0 Due to significant recovery, the bald eagle was delisted under the ESA in 2007, but is still subject to the prohibitions of the Bald and Golden Eagle Protection Act.<\/p>\n