Why Eagle Feathers are Illegal—Except for One Group

Eagle feathers are illegal for most people to possess in the United States. Here’s the surprising truth about the eagle feather law explained.

What is the Eagle Feather Law?

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The eagle feather law refers to a set of federal laws and regulations that strictly prohibit the possession, use, and sale of eagles and eagle parts, including their feathers. The most notable of these laws are the Bald and Golden Eagle Protection Act (ref) and the Migratory Bird Treaty Act. (ref)

Violating the eagle feather law is a serious offense. You could face civil fines up to $200,000 and/or 1 year imprisonment for a first offense. Penalties are even more severe for repeat offenders.

Why are Eagle Feathers Illegal to Possess?

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The reason eagle feathers are illegal to possess is because eagles are protected species in the U.S. These majestic birds have made a remarkable recovery after their populations severely declined in the 20th century and were on the brink of extinction.

To ensure eagle populations continue thriving, it’s critical to prevent any threats to their survival. Allowing the possession of eagle feathers could potentially create a black market that threatens wild eagles.

Additionally, restricting eagle feather possession to only recognized Native American tribes protects eagles while enabling tribes to continue important traditional religious and cultural practices. Many tribes consider eagles to be sacred and use their feathers in spiritual ceremonies.

Who Can Legally Possess Eagle Feathers?

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Under current law, only enrolled members of federally recognized Native American tribes can legally obtain permits to possess eagle feathers and parts for religious purposes.

Permits are issued exclusively to tribal members by the U.S. Fish and Wildlife Service through the National Eagle Repository. The Repository collects eagles that die naturally or by accident and distributes their feathers and parts to qualified permit applicants.

If you’re not a member of a federally recognized tribe, you cannot legally possess eagle feathers under any circumstances. This prohibition applies to members of state-recognized tribes and unrecognized tribes as well as non-Native Americans.

Controversies Around the Eagle Feather Law

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The eagle feather law remains controversial for a few reasons:

  • Some argue that the law discriminates by restricting eagle feathers only to members of federally recognized tribes.
  • Members of state-recognized tribes, unrecognized tribes, and non-Native people are excluded, even if they have Native American heritage or adopt Native spiritual practices.
  • On the other hand, many tribes and wildlife advocates defend the current law, arguing it protects Native American tribal sovereignty and religious freedoms while still conserving fragile eagle populations.
  • There are concerns that expanding eligibility for eagle feathers could deplete the already limited supply available to tribes and enable illegal trafficking that puts wild eagles at risk.

Penalties for Illegally Possessing Eagle Feathers

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Possessing eagle feathers without the proper permit is a serious violation of federal law. You could face large fines, jail time, and other consequences.

Fines & Imprisonment

For a first offense, fines can reach $200,000 for an individual or $500,000 for an organization. Repeat offenders may face up to 2 years imprisonment in addition to steeper fines.

Confiscation & Future Bans

Any illegally possessed eagle feathers or parts will be confiscated. You may also be permanently barred from obtaining eagle feathers in the future, even if you later become eligible for a permit.

If you’re an enrolled member of a federally recognized Native American tribe, you can apply for a permit to legally obtain eagle feathers for religious use. Permits are issued by the U.S. Fish and Wildlife Service.

Tribal members can request loose feathers, wings, tails or whole eagles from the National Eagle Repository once they receive a permit.

Some tribes may also be able to get permits to directly take eagles for religious purposes on tribal lands, although this is less common. Taking eagles without a permit remains illegal.

 Admire Eagles from Afar

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So in summary, eagle feathers are illegal for most people to possess because eagles are a protected species. Restricting feathers to recognized tribes aims to enable tribal religious practices while preventing threats to recovering eagle populations.

The eagle feather law remains controversial but violating it can result in large fines and jail time. Enrolled tribal members can legally get eagle feathers with proper permits. For everyone else, it’s critical to admire these majestic birds only from a distance.

davin
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Davin is a jack-of-all-trades but has professional training and experience in various home and garden subjects. He leans on other experts when needed and edits and fact-checks all articles.