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IL - Protected species - Article II. Game Protective Regulations. |
This collection of statutes provides that the title of all wild birds and mammals rests with the state. A new section in 2011 vests the Department of Natural Resources with the ability to control the possession and release of species deemed exotic or invasive. Other sections concern the possession of certain wild birds and animals. Possession of any listed wild bird or its parts (including the eagle) is illegal under the statute, except for the bona fide scientific or zoological exhibition. |
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In re Pajarito American Indian Art, Inc. |
A trustee in a bankruptcy proceeding sought turnover of Sioux Indian Ghost Dance Shield containing eagle feathers. The court observed that normally the laws of the UCC would prevail and the merchants to whom the item was entrusted would have legitimate title to transfer, but since the BGEPA prohibits the sale of eagle artifacts, only the original owner had title to the shield, not the bankrupt who allegedly tried to sell the shield nor the potential purchasers. The court held that the underlying public policy outlined in
Allard
weighed heavily in the decision to invalidate what it termed an illegal contract. For further discussion on commerce in eagle parts under the BGPEA, see
Detailed Discussion of Eagle Act
.
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KS - Wildlife Possession - Chapter 32. Wildlife, Parks and Recreation. |
Knowingly capturing, killing, or possessing for profit, or selling, bartering, purchasing or offering to do so as well as the shipping or transportation of wildlife constitutes the commercialization of wildlife. The possession of listed wildlife for commercial purposes is considered a "nonperson" misdemeanor or felony depending on whether the aggregate value is greater than $1000. Commerce in protected wildlife (including eagles) incurs at least the minimum fine and may also result in the confiscation of equipment, license sanctions, and restitution. |
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MA - Possession - Chapter 131. Inland Fisheries and Game and Other Natural Resources. |
Massachusetts specifically protects the eagle as a bird of prey from hunting or possession, unless provided by permit. The law further prohibits the possession, harassment or harming of the eggs and nests of birds of prey. Notably, sale and transportation are not specifically listed under the statute. |
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MD - Habitat - Subtitle 7. State Chesapeake Bay and Endangered Species Fund |
Maryland law specifically allocates funds for the habitat protection, conservation, and propagation of endangered and threatened species. This fund has a provision that designates this fund for the monitoring, surveying, and protection of bald eagle nest sites in addition to other wildlife. |
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ME - Endangered Species - Chapter 925. Fish and Wildlife Management and Research. |
Maine revised its endangered species law in 2019. "Take" means the he act or omission that results in the death of any endangered or threatened species. There are two types of offenses based on whether the conduct is negligent or intentional. Negligent acts concerning an endangered species result in a Class E crime with a fine of $1,000 which may not be suspended. Intentional acts concerning an endangered species result in a Class D crime with a fine of $2,000 which may not be suspended. Each type of taking lists what is prohibited with regard to endangered species, including hunting, possessing, and feeding/baiting. |
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ME - Endangered Species - Subchapter 3. Endangered Species; Management and Research. |
Maine revised its endangered species law in 2019. "Take" means the he act or omission that results in the death of any endangered or threatened species. There are two types of offenses based on whether the conduct is negligent or intentional. Negligent acts concerning an endangered species result in a Class E crime with a fine of $1,000 which may not be suspended. Intentional acts concerning an endangered species result in a Class D crime with a fine of $2,000 which may not be suspended. Each type of taking lists what is prohibited with regard to endangered species, including hunting, possessing, and feeding/baiting. Section 12810 also covers offenses against delisted species (of which the bald eagle is specifically listed). |
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Mississippi Bluff Motel Inc. v. Rock Island County |
The State of Illinois seeks to intervene as a protector of wildlife in a zoning action where the property at issue was adjacent to a bald eagle refuge. The court denied the state's request, finding that it did not have a stake in the litigation as it held no property interest nor was it representing a special class of people. Instead, the court found the state's interest speculative and the immediacy of harm was nonexistent, as it would create "bad law" to allow the State to intervene whenever there was a potential ecological or environmental consequence in a civil lawsuit. For further discussion on the federal Bald and Golden Eagle Protection Act, see
Detailed Discussion of Eagle Act
.
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MN - Habitat - Minnesota Environmental Rights Act (Chapter 116B. Environmental Rights) |
Minnesota protects the environment under the Minnesota Environmental Rights Act (MERA). Under MERA, citizens may bring suits for civil remedies where activities are interfering with their enjoyment of natural resources, including eagle nesting sites. The law provides a comprehensive scheme under which anyone with sufficient interest in protecting land, water, air, or any natural resources may bring suit to enjoin an action. |
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MS - Hunting, birds - § 49-1-39. Killing animals or birds injurious to agriculture; |
Mississippi amended its laws in 2000 to specifically disallow the killing of any bird protected under the Migratory Bird Treaty Act, and was further amended to prohibit the killing or molestation of any wild bird (other than a game bird and some excepted species). While the law was written with an evident bias toward agricultural protection, it does specifically mention the eagle as one of the species protected under federal law. |
