Golden Eagle - Protection

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Popular Title:  Golden Eagle - Protection Primary Citation:  Public Law 87-884; 76 Stat. 1246 (1962) Country of Origin:  United States Date Adopted: 

Summary: This public law amended the Eagle Protection Act by adding golden eagles as a protected species under the Act.  The Joint Resolution states that the golden eagle was added under the Act not only because it too faced extinction, but its listing would further protect the bald eagle, as the two species are sometimes mistaken for each other.  For further discussion, see the Eagle Act Detailed Discussion.

Joint Resolution to provide protection for the golden eagle.

WHEREAS the population of the golden eagle has declined at such an alarming rate that it is now threatened with extinction; and

WHEREAS the golden eagle should be preserved because of its value to agriculture in the control of rodents; and

WHEREAS protection of the golden eagle will afford greater protection for the bald eagle, the national symbol of the United States of America, because the bald eagle is often killed by persons mistaking it for the golden eagle; Now, therefore, be it

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That:

The first two section so of the Act of June 8, 1940 (54 Stat. 250, amended; 16 U.S.C. 668, 668a), are hereby amended to read as follows.  "Whoever, within the United States or any place subject to the jurisdiction thereof, without being permitted to do so as hereinafter provided, shall take, possess, sell, purchase, barter, offer to sell, purchase or barter, transport, export or import, at any time or in any manner, any bald eagle commonly known as the American eagle, or any golden eagle, alive or dead, or any part, nest, or egg thereof of the foregoing eagles, shall be fined not more than $500 or imprisoned not more than six months or both:  Provided , That nothing herein shall be construed to prohibit possession or transportation of any bald eagle, alive or dead, or any part, nest, or egg thereof, lawfully taken prior to June 8, 1940, and that nothing herein shall be construed to prohibit possession or transportation of any golden eagle, alive or dead, or any, part, nest, or egg thereof, lawfully taken prior to the addition of this Act of the provisions relating to the preservation of the golden eagle.

"Sec. 2.  Whenever, after investigation, the Secretary of the Interior shall determine that is is compatible with the preservation of the bald eagle or the golden eagle to permit the taking, possession, and transportation of specimens thereof for the scientific or exhibition purposes of public museums, scientific societies, and zoological parks, or for the religious purposes of Indian tribes, or that it is necessary to permit the taking of such eagles for the protection of wildlife or of agricultural or other interests in any particular locality, he may authorize the taking of such eagles pursuant to regulations which he is hereby authorized to prescribe:  Provided , That on request of the Governor of any State, the Secretary of the Interior shall authorize the taking of golden eagles for the purposes of seasonally protecting domesticated flocks and herds in such State, in accordance with regulations established under the provisions of this section, in such part or parts of such State and for such periods as the Secretary determines to be necessary to protect such interests:  Provided further, That bald eagles may not be taken for any purpose unless, prior to such taking, a permit to do so is procured from the Secretary of the Interior."

Approved October 24, 1962.

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