The Department of Justice announced a new policy Friday for the possession and use of eagle feathers by members of federally recognized tribes.
Officials said the guidelines would ensure uniform enforcement of the law and clarify issues for American Indians.
Federal wildlife laws, including the Bald and Gold Eagle Protection Act, criminalize the killing of eagles and other migratory birds. They also make it illegal for anyone, except tribal members, to possess or use these birds’ feathers or other parts.
“Eagles and other native migratory bird species are a vital part of our nation’s natural heritage, and we remain dedicated to providing every American with the opportunity to experience them in the wild,” U.S. Fish and Wildlife Service Director Dan Ashe said in a release announcing the new policy statement.
At the same time, officials said the Justice Department recognizes the unique and important role eagles play in the religious and cultural life of many tribes — and they do not have to fear prosecution for using eagle feathers for these purposes.
The policy still prohibits the killing of eagles and migratory birds, as well as buying or selling any of their feathers or other parts, but it allows members of federally recognized tribes to:
• Possess, use, wear or carry federally protected birds, bird feathers or other bird parts.
• Travel domestically with federally protected bird parts or, if tribal members obtain and comply with necessary permits, travel internationally with such items.
• Pick up naturally molted or fallen feathers found in the wild, without molesting or disturbing federally protected birds or their nests.
• Give or loan federally protected bird parts to other members of tribes, without compensation of any kind.
• Exchange federally protected bird parts for federally protected bird parts with other members of federally recognized tribes, without compensation of any kind.
• Provide the feathers or other parts of federally protected birds to craftsmen who are members of federally recognized tribes to be fashioned into objects for eventual use in tribal religious or cultural activities.