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State v. Troyer (Unpublished) |
Defendant was convicted of killing a non-game bird (owl) while defending his collection of exotic and native birds. The court finds that defendant rightfully engaged in conduct to defend his property against depredation by owls. The court carefully notes the owl is an abundant species in Ohio, and that the burden on the property owner would be greater if the species at issue were endangered or threatened, like an eagle. |
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The Federal Indian Trust Doctrine and the Bald and Golden Eagle Protection Act |
This article discusses the implications of the court decision in U.S. v. Hugs, which denied Native American claims asserting infringement of First Amendment rights as well as treaty rights where eagle parts were sold. This author expresses that the holding in United States v. Hugs is limited to its facts, and does not absolve the government from its obligation under The Federal Indian Trust Doctrine, and that a valid trust doctrine argument remains to be made against the BGEPA.
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TX - Hunting - Subchapter B. Seasons and Limits. § 64.011. Eagle. |
This section of the Texas code prohibits the killing of a golden or Mexican brown eagle except by permit (refers to the permit to kill wildlife that is threatening agricultural interests or public safety). |
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TX - Wildlife - Subchapter H. Permits to Control Wildlife Protected by This Code. |
This statute allows an individual to apply to a local municipality to receive a permit to destroy wildlife that is posing a serious risk to agricultural interests or public safety. This provision relates to a section that disallows the killing of eagles save for this exception. |
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U.S. v. Abeyta |
Defendant, an Indian who resided on a reservation charged with the possession of golden eagle parts under the BGEPA, challenged the indictment as a violation of treaty rights and an unconstitutional burden on his exercise of religion. In an unusual decision, the court found that the BGEPA placed an unconstitutional burden on defendant's exercise of religion, where the golden eagle was not threatened in New Mexico and permits to kill depredating eagles had previously been issued. The court also held that the treaty at issue granted special religious accommodations to the tribe, thereby preserving a treaty right to harvest eagles for religious needs. For further discussion on religious challenges to the BGEPA by Native Americans, see
Detailed Discussion of Eagle Act
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U.S. v. Antoine |
Defendant was a member of a Canadian tribe when he brought eagle feathers across the border to the U.S. for a "potlatch" ceremony (exchange of eagle parts for money and goods, which was religiously significant to defendant). On appeal, defendant challenged his conviction under the RFRA (Religious Freedom Restoration Act), arguing in part that the government lacked an asserted compelling interest where the USFWS had issued a proposed delisting of the eagle from the ESA list. The Ninth Circuit disagreed, finding the evidentiary weight of the proposed delisting was lacking and that defendant was not discriminated against based on religion, but rather was excluded from the permit system based on the secular component of the Act (i.e., the requirement for membership in a federally-recognized tribe).
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U.S. v. Big Eagle |
On November 23, 1987, defendant, John Terrence Big Eagle, filed a motion to dismiss the indictment in this action on the grounds that this Court lacks subject matter jurisdiction. The indictment charges the defendant with violating the Lacey Act prohibitions against transporting, selling, or acquiring fish taken or possessed in violation of state law or Indian tribal law. The court held that the fishing regulations of the Lower Bule Sioux Tribe were applicable to defendant, a Native American of another tribe, and that this subjected him to prosecution under the Lacey Act.
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U.S. v. Corbin Farm Service |
As related to the BGEPA, the opinion distinguishes the degree of intent under the MBTA from that of the BGEPA. It also holds that both statutes were designed to apply to activities outside of traditional scope of hunting and poaching (in this case poisoning of birds). For further discussion on activities such as poisoning and electrocution prohibited under the BGEPA, see
Detailed Discussion of Eagle Act.
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U.S. v. Dion |
The legislative history surrounding the passage of the BGEPA as well as the plain language of the Act evinces an intent by Congress to abrogate the rights of Indians to take eagles except as otherwise provided by statute. Defendant, a member and resident of the Yankton Sioux Tribe and Reservation, was charged with violations of the BGEPA and ESA after shooting several eagles on the reservation and selling eagle parts. The Court held that any other interpretation would be inconsistent with the need to preserve the species. For further discussion on the abrogation of Indian treaty rights under the BGEPA, see
Detailed Discussion of Eagle Act.
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U.S. v. Friday |
The Defendant, a member of the Northern Arapaho Tribe of Wyoming, was charged with violating the Eagle Act after he illegally shot a bald eagle for an important religious ritual. The Defendant claimed that prosecution was prevented by the Religious Freedom Restoration Act (RFRA). Friday claimed that the government failed to protect eagles killed when they strike power lines. The Court of Appeals held that the permitting process did not facially violate the RFRA and any difference in government's treatment of Native Americans taking eagles for religious purposes and power companies whose power lines killed eagles did not indicate that government failed to protect eagles in least restrictive manner.
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