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US - Eagle - Bald and Golden Eagle Protection Act |
The BGEPA prohibits any form of possession or taking of both bald and golden eagles through criminal and civil sanctions as well as an enhanced penalty provision for subsequent offenses. Further, the BGEPA provides for the forfeiture of anything used to acquire eagles in violation of the statute. The statute excepts from its prohibitions on possession the use of eagles or eagle parts for exhibition, scientific, and Indian religious uses. |
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United States v. Sandia |
This case was vacated by the Tenth Circuit in the
Hardman
order. Defendant in this case sold golden eagle skins to undercover agents in New Mexico. On appeal, defendant contended that the district court failed to consider the facts under a RFRA analysis. The Tenth Circuit disagreed, finding that defendant never claimed that his sale of eagle parts was for religious purposes and that the sale of eagle parts negates a claim of religious infringement on appeal. For further discussion on religious challenges to the BGEPA, see
Detailed Discussion.
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United States v. Hardman |
This is an order vacating the opinions issued in
Wilgus
,
Saenz
, and
Hardman
. The Tenth Circuit requested the attorneys in the above cases to brief the issues outlined by the court. For further discussion regarding religious challenges to the BGEPA, see
Detailed Discussion of Eagle Act
.
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United States v. Friday and the Future of Native American Religious Challenges to the Bald and Golden Eagle Protection Act |
This Comment examines the Tenth Circuit's United States v. Friday opinion along with its underlying implications. Part I provides a brief historical analysis of the BGEPA and introduces relevant statutory provisions, including the exception that allows Native Americans to apply for eagle take permits. Part II analyzes the development of RFRA to provide a better understanding of how RFRA affects Native American religious challenges to the BGEPA. Part III surveys relevant precedent in hopes of better understanding the opinion in Friday, and the avenues left open for future litigation. Part IV reviews the Friday opinion and discusses its relevant procedural history. Part V analyzes the Friday opinion in context with relevant precedent, discusses the implications of the Friday decision, and discusses the avenues left open for Native American religious challenges to the BGEPA after Friday.
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United States v. Bramble |
During a search related to a controlled substances violation, undercover agents seized eagle feathers from defendant. The court held that Congress exercised valid Commerce Clause power in enacting the BGEPA, as the incentive of interstate commerce in eagle parts would threaten eagles to extinction, thus depleting the future commercial potential of activities such as eagle-based tourism and educational research. For discussion on the Eagle Act and the Commerce Clause, see
Detailed Discussion
.
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U.S. v. Zak |
Defendant pleaded guilty to three counts under the MBTA after agents determined that he killed 250 great blue herons; he then went to trial on the remaining counts under the MBTA and BGEPA related to his killing of a juvenile bald eagle on his commercial fish growing operation. On appeal, defendant contended that he cannot be found guilty under the MBTA unless the government proved beyond a reasonable doubt that he knew the bird he was shooting was protected and intentionally shot it with that knowledge (defendant stated that he shot a "big brown hawk'). The court disagreed, finding the overwhelming authority requires no such specific scienter on the part of the actor. With regard to defendant's contention that the government failed to prove the "knowingly" prong of the BGEPA, the court was equally unpersuaded. The evidence demonstrated beyond a reasonable doubt that defendant knowingly shot the eagle as it sat perched on the dead pine tree on the edge of his property, regardless of whether he knew the juvenile bird was an eagle or, as he said, “a big brown hawk.”
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U.S. v. Winddancer |
This matter comes before the court on a Motion to Dismiss the Indictment filed by the defendant. The defendant, Ed Winddancer, was indicted on six counts relating to possessing and bartering eagle feathers and feathers plucked from other migratory birds. Winddancer did not have standing to challenge the manner in which the MBTA has been administered against him, because applying for a permit under the MBTA would not have been clearly futile. With regard to the BGEPA, the court found that defendant showed that the BGEPA substantially burdens his ability to possess eagle feathers. However, the court found that he did not show that his desire to possess the feathers arises from a sincere religious belief. Further, the court found that the government indeed has a compelling interest in protecting the bald and golden eagle, especially since there is no reasonable forensic method by which law enforcement can determine if a bird was accidentally or intentionally killed, killed a hundred years ago, or killed yesterday.
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U.S. v. Wilgus |
This opinion was vacated by the
Hardman
order. Defendant was not a member of a federally-recognized tribe nor a person of Native American ancestry, but sincerely practiced Native American religions. In response to Wilgus's free exercise challenge, the court held that the Act is a neutral, generally applicable law, falling within the safe-harbor created by
Employment Division v. Smith
. For further discussion on the status of formerly recognized tribes under the BGEPA, please see
Detailed Discussion.
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U.S. v. Wilgus |
Defendant Wilgus, while not a member of a federally-recognized Native American tribe, but a sincere adherent to Native American faiths, was found in possession of 137 eagle feathers during a routine traffic stop, contrary to the Bald and Golden Eagle Protection Act (BGEPA). This case was initially remanded to District Court to determine whether government's scheme to protect eagle-feathers was the least restrictive means of furthering its compelling interests in protecting eagles and Native American religions, as required by the Religious Freedom Restoration Act (RFRA) of 1993. The United States District Court for the District of Utah, 606 F.Supp.2d 1308, held that the scheme violated the RFRA and the Government appealed here. The Court of Appeals found that the government's existing scheme for issuing eagle feather possession permits and enforcing the Eagle Act is the least restrictive means of forwarding the government's compelling interests.
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U.S. v. White |
Defendant was a member of a recognized Indian tribe who killed an eagle upon his reservation. The Court holds that it will not find an intent by Congress to abrogate Indian hunting rights under the BGEPA where the statute did not explicitly state that those rights were abrogated. For further discussion on abrogation of Indian treaty rights under the BGEPA, see
Detailed Discussion of Eagle Act
.
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