Are Golden Eagles Protected Under Federal Law? Laws, Penalties, and Permits
Yes. Golden eagles are protected under federal law in the United States. The Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act generally prohibit killing, capturing, possessing, or disturbing golden eagles without authorization. The rules can also apply to eagle parts, nests, and eggs. Federal permits may be available for specific activities, but they are limited and must be obtained in advance.
Which Federal Laws Protect Golden Eagles?
Two federal statutes provide the main protections: the Bald and Golden Eagle Protection Act (BGEPA) and the Migratory Bird Treaty Act (MBTA). They overlap in some situations, but BGEPA is the law specifically directed at protecting eagles. The U.S. Fish and Wildlife Service (USFWS) administers permits and implements regulations under these laws; federal prosecutors may bring enforcement actions.
The Bald and Golden Eagle Protection Act
Congress enacted BGEPA in 1940 to protect bald eagles and extended it to golden eagles in 1962. The act makes it unlawful, without authorization, to “take” a protected eagle. Federal regulations define take broadly: it includes pursuing, shooting, shooting at, poisoning, wounding, killing, capturing, trapping, collecting, molesting, or disturbing an eagle.
In this context, disturb has a specific regulatory meaning. It refers to interfering with an eagle’s normal breeding, feeding, or sheltering behavior in a way that causes, or is likely to cause, injury, reduced productivity, or nest abandonment. That means a person may violate the law without killing or physically touching an eagle. Whether an activity qualifies depends on its circumstances and effects.
BGEPA also restricts possessing, selling, purchasing, bartering, offering to sell or barter, transporting, exporting, or importing a bald or golden eagle—or its parts, nest, or egg—without authorization. Protected parts can include feathers, talons, and bones. Finding an eagle feather outdoors does not make it legal to keep, sell, or mail.
The Migratory Bird Treaty Act
Golden eagles are also covered by the MBTA, which protects many native migratory birds. Its rules generally prohibit pursuing, hunting, taking, capturing, killing, possessing, selling, purchasing, or transporting a protected bird or its parts, nests, or eggs unless an applicable permit or legal exception allows the activity.
The MBTA and BGEPA can apply to the same conduct, but they are not interchangeable. BGEPA has eagle-specific provisions and permits, including rules addressing disturbance and certain forms of incidental take. The MBTA provides broader protection for covered migratory birds. A permit under one law should not be assumed to authorize conduct prohibited by the other; applicants and project operators need to identify all applicable requirements.
What Activities Are Prohibited?
Federal protections cover more than deliberate hunting or trapping. Depending on the facts, prohibited conduct may include intentional harm, unauthorized possession of an eagle or its remains, or activity that disturbs a nesting eagle. Permitted activities and statutory exceptions are narrow, so general claims of good intentions, land ownership, or accidental discovery do not automatically make an activity lawful.
- Killing or injuring an eagle: Shooting, poisoning, trapping, or otherwise harming a golden eagle is generally prohibited without authorization.
- Possessing eagle items: Keeping, buying, selling, or transporting an eagle, feather, talon, egg, or nest may require a specific permit.
- Disturbing an eagle: Construction, recreation, or other activities near a nest or roost may create a legal issue if they meet the regulatory definition of disturbance.
- Damaging or removing a nest: Eagles’ nests are protected, and nest removal or destruction generally requires federal authorization.
- Commercial or project-related impacts: Wind energy, power lines, mining, development, and other operations can create risks of eagle injury, death, or disturbance and may require advance planning or a permit.
These examples are not a complete list, and proximity alone does not establish a violation. The relevant question is how an activity affects eagles and whether the conduct is authorized. For projects near known nests, roosts, or foraging areas, early consultation with USFWS can help identify risks and reduce the chance of unlawful take.
Are Golden Eagles Listed Under the Endangered Species Act?
Golden eagles are federally protected under BGEPA and the MBTA, but that does not mean they are automatically listed under the Endangered Species Act (ESA). The ESA applies to species formally listed as endangered or threatened, as well as designated critical habitat. Golden eagles are not generally listed as an endangered or threatened species under the federal ESA nationwide.
This distinction matters: a species can have strong federal protections without being ESA-listed. BGEPA and the MBTA remain applicable regardless of ESA status. In addition, state or local laws may provide protections beyond federal law, and species status or rules can change. Anyone making decisions about a particular project should check current USFWS information and applicable state requirements.
When Can Someone Get a Golden Eagle Permit?
USFWS issues permits for specified purposes under regulations in 50 C.F.R. Part 22. A permit is not a general license to handle eagles or disturb nests. Applicants typically must show that the activity fits a permitted category, explain why it is necessary, and follow conditions designed to avoid or reduce harm. Activities may also require authorization under other federal or state laws.
Incidental Take Permits
An incidental take permit may authorize limited take that results from, but is not the purpose of, an otherwise lawful activity. For example, certain infrastructure or energy operations may present a risk of eagle take even when wildlife harm is not their objective. Under USFWS regulations, permits can address specified forms of take, including lethal take in limited circumstances, and may include requirements such as monitoring, reporting, and compensatory mitigation.
Applicants are generally expected to assess risks, consider measures to avoid and minimize take, and provide information supporting the proposed permit. A permit’s scope, duration, and conditions depend on the application and governing rules. Operating while an application is pending is not the same as holding a permit. A project should not assume that future authorization will cover earlier take.
Permits for Nest Take and Other Activities
Separate permits may authorize certain nest-related activities, such as removal, relocation, or disturbance, when regulatory criteria are met. USFWS may consider the circumstances, conservation effects, alternatives, and mitigation. Nest permits do not remove the need to comply with other laws, and authorization is limited to the activities and conditions stated in the permit.
Federal regulations also provide permits for particular purposes, including scientific or educational activities, falconry, depredation control, and religious use by members of federally recognized Tribes. The requirements differ by category. For instance, a permit to possess an eagle for a qualifying cultural or religious purpose is not a blanket authorization for anyone to collect a naturally shed feather.
Can a Person Keep a Golden Eagle Feather?
Generally, a person cannot keep a golden eagle feather found in the wild simply because it was shed naturally. The federal restrictions on possession apply to eagle parts, and a feather’s condition or source does not by itself create an exception. Selling, gifting, mailing, or taking the feather across state lines may raise additional legal issues.
Federal law provides a permit system for qualifying religious use by members of federally recognized Tribes. The National Eagle Repository, managed by USFWS, supplies eagle remains to eligible members for religious purposes under applicable procedures. This system is distinct from public ownership of found feathers. People who discover a feather or other eagle remains should leave them where they are or contact a wildlife agency for instructions rather than take them home.
What Are the Penalties for Violating Eagle Protection Laws?
Unauthorized take or possession can lead to criminal prosecution, civil penalties, forfeiture of items or equipment, and other consequences. Penalties depend on the statute charged, the nature of the conduct, the defendant’s record, and the facts of the case. BGEPA provides criminal penalties that can increase for repeat offenses; other legal provisions may also apply. Because penalty limits and enforcement rules can change, readers should consult current statutes or a lawyer rather than rely on a general summary for a specific case.
A person does not have to intend to harm an eagle for every type of legal exposure to arise. Some incidents may be accidental, but that does not guarantee immunity from investigation or eliminate the need to meet permit requirements. Prompt reporting, cooperation with wildlife officials, and accurate records may matter when agencies assess an incident. They do not substitute for required authorization.
How to Avoid Violating Federal Eagle Laws
- Keep a safe distance. Avoid approaching a golden eagle, nest, or roost, and do not use drones or other equipment in ways that may disturb birds.
- Pause work near eagle activity. If construction or maintenance could affect a nest, roost, or feeding area, seek guidance before proceeding.
- Do not handle remains. Leave feathers, eggs, nests, and dead eagles in place unless an authorized agency directs otherwise.
- Contact the appropriate agency. Report an injured or dead eagle to USFWS, a state wildlife agency, or local law enforcement. Avoid moving the bird unless officials instruct it.
- Review permit needs early. Project proponents should consult current USFWS regulations and regional eagle guidance well before construction or operations begin.
For a proposed activity, the most useful first step is to identify the exact location, timing, eagle use, and potential effects. USFWS regional offices can explain current permit procedures, but agency guidance is not a substitute for a permit when one is required. Legal advice may be appropriate when an activity has already affected an eagle or when the applicable rules are uncertain.
Reliable Federal Sources
Current requirements are available from the U.S. Fish and Wildlife Service’s Bald and Golden Eagle Protection Act page, its eagle management program, and the Electronic Code of Federal Regulations, 50 C.F.R. Part 22. The USFWS Migratory Bird Treaty Act page explains the broader protections for migratory birds.