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CA - Birds - Part 2. Birds. |
These various sections are all related to the protection of birds in California. Within these sections, the Legislature has enumerated fully protected birds in the state, prohibited activities such as destroying bird nests and eggs, required licenses for duck hunting, and outlined several provisions to guide state efforts in preserving and rehabilitating the California Condor. |
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CA - Hunting - § 3511. Fully protected birds; permits or licenses; necessary scientific research; legal imports; |
California law specifically states that no other statutes are to be construed to allow the taking of state protected birds, of which the golden eagle and bald eagle are listed, and any licenses issued to take protected birds are void unless issued for scientific or depredation purposes. |
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CA - Hunting - § 3513. Migratory nongame birds; protection |
California law reiterates that it is illegal to take or possess any bird or its parts that is listed under the Migratory Bird Treaty Act, of which the eagle is listed. |
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Callahan v. Woods |
Plaintiff alleged the requirement that his infant daughter receive a social security number as a prerequisite to obtain public benefits infringed on his free exercise of religion. Since the court held that the the social security number requirement substantially interfered with plaintiff's free exercise of religious beliefs, the compelling interest test was applied to determine constitutionality of the regulation. This substantial burden/compelling interest test became the model for infringement of religious exercise claims, including those under the BGEPA. For application of this test to religious challenges to the BGEPA, see
Detailed Discussion of Eagle Act
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Center for Biological Diversity v. Salazar |
Plaintiffs filed action against Interior and FWS to set aside FWS's finding that the desert bald eagle does not qualify as a distinct population segment (“DPS”) entitled to protection under the Endangered Species Act (“ESA”). Plaintiff's motions for summary judgment was granted. The Court found that FWS' 12–month finding was based on the 2007 delisting rule, which failed to comport with the notice, comment, and consultation requirements of the ESA. The Court set aside the 12–month finding as an abuse of discretion.
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CO - Hunting - Willful Destruction of Wildlife |
Colorado has a unique statute specific to poaching for the purpose of acquiring parts or "trophies" from an animal with the intent of abandoning the carcass, or even soliciting someone else to do so. Taking or hunting big game, eagles, or endangered species with this intent results in a felony. The intent of the law is stated "to protect the wildlife from wanton, ruthless, or wasteful destruction or mutilation for their heads, hides, claws, teeth, antlers, horns, internal organs, or feathers." |
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CO - Wildlife, nongame - Wildlife; Illegal Possession |
Colorado law prohibits the taking, hunting, or possession of animals deemed property of the state or wildlife taken in violation of state, federal, or non-U.S. law (including bald and golden eagles), resulting in a misdemeanor with up to one year in jail and fines. Further, there is an additional penalty for the taking of "big game" species. It is also illegal to have in one's possession any nonnative or exotic species. |
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Conflicting Values: The Religious Killing of Federally Protected Wildlife |
This Comment explores the current conflict between federal wildlife protection and Indian religious use of animals which reflects this philosophical debate.
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Coyote v. U.S. Fish and Wildlife Service |
Defendant brought a motion after the USFWS denied his application to obtain eagle feathers for religious use where defendant failed to obtain certification from the Bureau of Indian Affairs that he was a member of a federally-recognized tribe. The court held that this requirement is both contrary to the plain reading of that regulation and arbitrary and capricious. For discussion on formerly recognized tribes and the BGEPA, see
Detailed Discussion.
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CT - Hunting of bald eagle prohibited - Chapter 490. Fisheries and Game |
Connecticut law prohibits the harassment and killing of bald eagles. Violation of the statute can result in a fine of not more than $100 or up to thirty days in jail, or both. |
