Secretary of Interior to establish regulations which authorize the taking, possession and transportation of eagle feathers for the religious purposes of tribes. In addition, the American Indian Religious Freedom Act of 1978 established a United States policy to protect and preserve Native American religious freedom, Section 1 of this Act provides: Henceforth it shall be the policy of the United States to protect Section 2 of this Act required a review and report to Congress of all federal practices interfering with Indian religious freedom along with recommendations for administrative and legislative change necessary to protect and preserve Indian religious cultural rights and practices. In this report to Congress, 522 incidents of infringements upon Indian religious freedom were documented, 11 recommendations for administrative changes were made, 5 legislative proposals were made (none of which were ever acted upon by the Executive Branch or by Congress).27 In 1979 when this report was made to Congress, the above-described problems with the eagle feather permit system were not documented by the task force. Since this time, however, the permit system for Indian religious use has become unworkable and the effect on Indian religious practices has become intolerable. Congress should take this opportunity to reform and streamline the current permit system to better accommodate Indian religious practices. Congress can accomplish this by establishing a procedure to reduce the "red tape" necessary to obtain a permit, to reduce the lengthy delays which result in hardship on Indian practitioners, to establish a mechanism to allow more tribal input into the application process, and to provide for tribal management of the permit system on Indian lands. Conclusion The Eagle Protection Act was designed to conserve a species, however, when it was enacted, the impact it would have on traditional religious practices was not fully understood. The lack of a simple, workable, consistent policy regarding Indian use of eagle parts and feathers for religious purposes has resulted in the infringement on Indian religious practices. Now is the time for Congress to act to accommodate traditional religious use of eagle feathers so Indians like--all Americans--can practice their religion freely. Respectfully submitted, Karen J. Atkinson Tribal Attorney Confederated Salish and Kootenai Tribes 27 American Indian Religious Freedom Act Report, P.L. 95-341, Federal Agencies Task Force, (U.S. Dept. Int., August 1979) pp. 62-63, 71, 72, 81. Denver Region United States Department of the Interior Fish and Wildlife Service EXHIBITA HOW TO OBTAIN EAGLES, FEATHERS OR PARTS FOR RELIGIOUS USE The Federal law protecting bald and golden eagles makes provision for the use of eagles, feathers and parts by Native Americans for religious purposes. Tais law is administered by the U.S. Fish and Wildlife Service. This agency acquires eagles and parts in connection with law enforcement and other official activities and these items are provided to Native Americans for religious use under a valid Federal Fish and Wildlife Permit. Application for a permit to acquire eagles and parts for religious use may be made by completing the attached Federal Fish and Wildlife License, Permit application form. In addition to this permit application form, you must also provide the information requested on the enclosed forms entitled Certification of Enrollment and Participation AND Request to Receive Eagie Feathers for Use in Religious Ceremony(ies). Return the completed forms to: United States Fish and Wildlife Service Law Enforcement, MS-69400 P.O. Box 25486, Denver Federal Center Please keep in mind that the National Eagle Repository in Ashland, Oregon serves Native Americans throughout the entire 50 states. Due to the number of requests for eagles and parts, each request is LIMITED TO ONE (1) EAGLE OR THE EQUIVALENT OF ONE (1) EAGLE. Please note that you may only have one authorized request pending at one time. Shipments from the Repository are made according to the date the application is received, so applicants are encouraged to return the completed forms as soon as possible. In addition, please keep us advised of any address or phone number changes in order to avoid delay in processing your request. Copies of the Bald Eagle Protection Act and Federal regulations concerning permit procedures (50 CFR Parts 13 and 22) are enclosed for your information. For further information or assistance, contact the Assistant Regional Director for Law Enforcement at the above address. This information sheet is designed to answer the most frequently asked questions concerning Federal laws regulating commercial traffic in items made from the feathers and parts of certain federally protected birds. It is especially directed at persons engaged in the sale, trade, or barter of feathered Indian art objects, artifacts, antiques, curios, and other goods from trading posts, curio shops, antique shops, pawn shops, and other retail outlets. What species of birds are protected by Federal law? The Migratory Bird Treaty Act offers protection to all wild birds found commonly in the United States, except the house sparrow; starling; feral pigeon; and resident game birds such as pheasant, grouse, quail, wild turkeys, etc. Resident game birds are managed by the separate states, and may be taken and their feathers and parts utilized as prescribed by State law. A reference list of migratory birds can be found in Title 50, Code of Federal Regulations, Part 10. The Bald Eagle Protection Act affords additional protection to all bald and golden eagles. Additionally, some species of migratory birds are provided further protection by the Endangered Species Act of 1973. What activities do these laws prohibit? The Migratory Bird Treaty Act makes it unlawful for anyone to kill, capture, collect, possess, buy, sell, trade, ship, import or export any migratory bird, including feathers, parts, nests or eggs, unless the person first obtains an appropriate Federal permit in compliance with Federal regulations on migratory birds (see 50 CFR Part 21). The Bald Eagle Protection Act likewise prohibits all commercial activities including import and export, involving bald or golden eagles, their feathers, parts and products. Some migratory game birds may be lawfully hunted during specified periods but may not be sold. Annually published State and Federal hunting regulations impose limits on the number and kinds of birds that can be taken, and control the manner, means and open seasons within which such taking is lawful. Be advised, under the Migratory Bird Treaty Act, states may impose more restrictive regulations than the Federal government. 2 What types of traditional Indian curios and artifacts are affected by these prohibitions? Any Indian curios or artifacts that are made of or decorated with migratory bird feathers are included within these prohibitions. Among the more common articles decorated with feathers or parts of birds, but by no means all such items, are: headdresses, bonnets, hats, fans, pipes, necklaces, Kachina dolls, lances, bustles, musical instruments, and various articles of clothing. Why does the Federal government prohibit commercial traffic in the feathers and parts of eagles and migratory birds? Because migratory birds cross international boundaries in many cases, they are considered an international resource that must be protected from commercial exploitation. The Migratory Bird Treaty Act, passed in 1918 and subsequently amended, implements treaties for the protection for migratory species signed with Great Britain (for Canada), Mexico, Russia and Japan. The Bald Eagle Protection Act was passed in 1940 to protect our national bird, which at the time was rapidly declining in numbers. The golden eagle was given protection under the Bald Eagle Protection Act in 1962. In 1972, an amendment to the treaty with Mexico also included eagles as migratory birds, and afforded these birds protection under the Migratory Bird Treaty Act. As the popularity of American Indian artifacts has increased in recent years, a lucrative black market has developed for the eagle and migratory bird feathers used to make or decorate any Indian curios and art objects. The result has been the slaughter of thousands of birds to fill this demand for feathers, and other parts such as beaks, bones, and talons. The prohibitions against commercial traffic in eagles and migratory birds are intended to eliminate any market for the birds themselves, or for their feathers and parts. Can permits be obtained to sell curios and artifacts made with the feathers and parts of protected birds? NO. The Department of the Interior firmly believes that to carry out the objectives of the law, it must totally deny a marketplace for migratory birds including eagles. If such markets were allowed to exist, individuals would be prompted to supply the demand for protected birds by killing them illegally. 3 What if an item is a genuine antique? The sale, purchase or barter of any protected bird, or article made from the feathers or parts of protected birds, is prohibited no matter when the bird was killed or possessed. Thus, even genuine antique Indian art objects, if they are made with feathers or parts of protected birds, may not be sold or purchased. Some manufacturers of Indian curios, in order to increase the value of their merchandise, have been known to clip or otherwise alter the appearance of feathers to make them look old. The item is then sold as an "antique.' A fraudulent "history" may even be fabricated to further enhance its value. Once the appearance of bird feathers has been so altered, it is extremely difficult to tell them from genuine antiques. This is one very telling reason for prohibiting the sale of antique Indian articles made with the feathers or parts of protected birds. Can a person sell items made from feathers of birds found dead in the wild, or which are killed accidently? No exception from the prohibitions of the law is made for the commercial use of feathers or parts of protected birds found dead in the wild, those killed accidentally (such as road kills), or those electrocuted by power lines, even though large numbers of birds that die from such causes could probably be salvaged. This prohibition ensures that individuals will not deliberately kill birds for their own personal use, under the guise that "they were found dead." The fact that increasing numbers of protected birds are being killed each year, and their feathers or parts sold for personal gain, makes it imperative that the Federal Government prohibit the possession of salvaged dead specimens without the proper permits. Are there any legally recognized commercial uses of feathers or parts of protected birds? As a general rule, feathers or parts of migratory birds or eagles may not be sold, traded, or bartered or offered for sale. However, these items may be displayed (without price tags) in shops or at shows and pow-wows. In addition, any person may possess, purchase, sell, barter, or transport for the making of fishing flies, bed pillows, mattresses, and for similar commercial uses, the feathers of migratory waterfowl (wild ducks, geese, brant, and swans) legally taken in accordance with 50 CFR Part 20. |