Bald and Golden Eagle Protection Act - Conflict With Culture and Industry

Conflict With Culture and Industry

The Bald and Golden eagles and their feathers are highly valued by most Native Americans. Usually, the logo of an eagle feather is seen as a symbol of the Native Americans. 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. Native Americans consider eagles to be the Master of the sky since they fly higher than any other birds and therefore are closer to God. 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. Due to all of these reasons, Native Americans imagine wearing or receiving an eagle feather as a great honor. To capture and kill the eagles was a skill requiring job, therefore certain men were assigned to do so. Many tribes wore the eagle feathers in their hair during ceremonies and dancing. Men would receive certain numbers of feathers depending on the task that was performed. For example, a Pillager Chippewa is costumed to give two feathers to a warrior who scalped an enemy and five feathers to one who performed an act of capturing a wounded prisoner found on the battlefield.

Under the Bald and Golden Eagle Protection Act, permits can be obtained to possess the eagles parts and feathers for religious purposes and lawful activities. In June 2007, bald eagles were removed from the endangered species list however, the protection Act still applies. As of 2009, the Act has made it possible for one to obtain a permit to move from operating utilities and airports. Previously these deeds would have been considered disturbance, but now as long as it is limited, non-purposeful take of bald eagles and golden eagles; authorizing individuals, companies, government agencies (including tribal governments), and other organizations are allowed disturb or otherwise take eagles in the course of conducting lawful activities. "Non-purposeful take" is defined as taking of eagles for reasons that are associated with take that is not purposeful of an activity; but for a purpose that practically cannot be avoided.

The Act has at times hindered renewable energy projects. Wind turbines can kill and injure birds, including eagles, potentially exposing their operators to criminal liability under the Act, even those which have taken steps to reduce eagle mortality. 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.