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| SUBCHAPTER II---PROTECTION OF BALD AND GOLDEN EAGLES                  |
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| Release date: 2004-04-30                                              |
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| -   [§ 668](http://assembler.la                                       |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00000668----000-.html). |
|     Bald and golden eagles                                            |
|                                                                       |
| -   [§ 668a](http://assembler.la                                      |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00000668---a000-.html). |
|     Taking and using of the bald and golden eagle for scientific,     |
|     exhibition, and religious purposes                                |
|                                                                       |
| -   [§ 668b](http://assembler.la                                      |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00000668---b000-.html). |
|     Enforcement provisions                                            |
|                                                                       |
| -   [§ 668c](http://assembler.la                                      |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00000668---c000-.html). |
|     Definitions                                                       |
|                                                                       |
| -   [§ 668d](http://assembler.la                                      |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00000668---d000-.html). |
|     Availability of appropriations for Migratory Bird Treaty Act      |
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| **§ 668. Bald and golden eagles**                                     |
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| **(a)** Prohibited acts; criminal penalties                           |
|                                                                       |
| Whoever, within the United States or any place subject to the         |
| jurisdiction thereof, without being permitted to do so as provided in |
| this subchapter, shall knowingly, or with wanton disregard for the    |
| consequences of his act 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, or whoever violates any permit or regulation |
| issued pursuant to this subchapter, shall be fined not more than      |
| \$5,000 or imprisoned not more than one year or both: Provided, That  |
| in the case of a second or subsequent conviction for a violation of   |
| this section committed after October 23, 1972, such person shall be   |
| fined not more than \$10,000 or imprisoned not more than two years,   |
| or both: Provided further, That the commission of each taking or      |
| other act prohibited by this section with respect to a bald or golden |
| eagle shall constitute a separate violation of this section: Provided |
| further, That one-half of any such fine, but not to exceed \$2,500,   |
| shall be paid to the person or persons giving information which leads |
| to conviction: Provided further, 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 to this subchapter of the provisions relating to             |
| preservation of the golden eagle.                                     |
|                                                                       |
| **(b)** Civil penalties                                               |
|                                                                       |
| Whoever, within the United States or any place subject to the         |
| jurisdiction thereof, without being permitted to do so as provided in |
| this subchapter, 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, or whoever violates any permit or    |
| regulation issued pursuant to this subchapter, may be assessed a      |
| civil penalty by the Secretary of not more than \$5,000 for each such |
| violation. Each violation shall be a separate offense. No penalty     |
| shall be assessed unless such person is given notice and opportunity  |
| for a hearing with respect to such violation. In determining the      |
| amount of the penalty, the gravity of the violation, and the          |
| demonstrated good faith of the person charged shall be considered by  |
| the Secretary. For good cause shown, the Secretary may remit or       |
| mitigate any such penalty. Upon any failure to pay the penalty        |
| assessed under this section, the Secretary may request the Attorney   |
| General to institute a civil action in a district court of the United |
| States for any district in which such person is found or resides or   |
| transacts business to collect the penalty and such court shall have   |
| jurisdiction to hear and decide any such action. In hearing any such  |
| action, the court must sustain the Secretary's action if supported by |
| substantial evidence.                                                 |
|                                                                       |
| **(c)** Cancellation of grazing agreements                            |
|                                                                       |
| The head of any Federal agency who has issued a lease, license,       |
| permit, or other agreement authorizing the grazing of domestic        |
| livestock on Federal lands to any person who is convicted of a        |
| violation of this subchapter or of any permit or regulation issued    |
| hereunder may immediately cancel each such lease, license, permit, or |
| other agreement. The United States shall not be liable for the        |
| payment of any compensation, reimbursement, or damages in connection  |
| with the cancellation of any lease, license, permit, or other         |
| agreement pursuant to this section.                                   |
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| **§ 668a. Taking and using of the bald and golden eagle for           |
| scientific, exhibition, and religious purposes**                      |
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| Whenever, after investigation, the Secretary of the Interior shall    |
| determine that it 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 purpose  |
| 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: Provided further, That   |
| the Secretary of the Interior, pursuant to such regulations as he may |
| prescribe, may permit the taking, possession, and transportation of   |
| golden eagles for the purposes of falconry, except that only golden   |
| eagles which would be taken because of depredations on livestock or   |
| wildlife may be taken for purposes of falconry: Provided further,     |
| That the Secretary of the Interior, pursuant to such regulations as   |
| he may prescribe, may permit the taking of golden eagle nests which   |
| interfere with resource development or recovery operations.           |
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| **§ 668b. Enforcement provisions**                                    |
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| **(a)** Arrest; search; issuance and execution of warrants and        |
| process                                                               |
|                                                                       |
| Any employee of the Department of the Interior authorized by the      |
| Secretary of the Interior to enforce the provisions of this           |
| subchapter may, without warrant, arrest any person committing in his  |
| presence or view a violation of this subchapter or of any permit or   |
| regulations issued hereunder and take such person immediately for     |
| examination or trial before an officer or court of competent          |
| jurisdiction; may execute any warrant or other process issued by an   |
| officer or court of competent jurisdiction for the enforcement of the |
| provisions of this subchapter; and may, with or without a warrant, as |
| authorized by law, search any place. The Secretary of the Interior is |
| authorized to enter into cooperative agreements with State fish and   |
| wildlife agencies or other appropriate State authorities to           |
| facilitate enforcement of this subchapter, and by said agreements to  |
| delegate such enforcement authority to State law enforcement          |
| personnel as he deems appropriate for effective enforcement of this   |
| subchapter. Any judge of any court established under the laws of the  |
| United States, and any United States magistrate judge may, within his |
| respective jurisdiction, upon proper oath or affirmation showing      |
| probable cause, issue warrants in all such cases.                     |
|                                                                       |
| **(b)** Forfeiture                                                    |
|                                                                       |
| All bald or golden eagles, or parts, nests, or eggs thereof, taken,   |
| possessed, sold, purchased, bartered, offered for sale, purchase, or  |
| barter, transported, exported, or imported contrary to the provisions |
| of this subchapter, or of any permit or regulation issued hereunder,  |
| and all guns, traps, nets, and other equipment, vessels, vehicles,    |
| aircraft, and other means of transportation used to aid in the        |
| taking, possessing, selling, purchasing, bartering, offering for      |
| sale, purchase, or barter, transporting, exporting, or importing of   |
| any bird, or part, nest, or egg thereof, in violation of this         |
| subchapter or of any permit or regulation issued hereunder shall be   |
| subject to forfeiture to the United States.                           |
|                                                                       |
| **(c)** Customs laws applied                                          |
|                                                                       |
| All provisions of law relating to the seizure, forfeiture, and        |
| condemnation of a vessel for violation of the customs laws, the       |
| disposition of such vessel or the proceeds from the sale thereof, and |
| the remission or mitigation of such forfeitures, shall apply to the   |
| seizures and forfeitures incurred, or alleged to have been incurred,  |
| under the provisions of this subchapter, insofar as such provisions   |
| of law are applicable and not inconsistent with the provisions of     |
| this subchapter: Provided, That all powers, rights, and duties        |
| conferred or imposed by the customs laws upon any officer or employee |
| of the Treasury Department shall, for the purposes of this            |
| subchapter, be exercised or performed by the Secretary of the         |
| Interior or by such persons as he may designate.                      |
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| **§ 668c. Definitions**                                               |
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| As used in this subchapter "whoever" includes also associations,      |
| partnerships, and corporations; "take" includes also pursue, shoot,   |
| shoot at, poison, wound, kill, capture, trap, collect, molest or      |
| disturb; "transport" includes also ship, convey, carry, or transport  |
| by any means whatever, and deliver or receive or cause to be          |
| delivered or received for such shipment, conveyance, carriage, or     |
| transportation.                                                       |
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| **§ 668d. Availability of appropriations for Migratory Bird Treaty    |
| Act**                                                                 |
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| Moneys now or hereafter available to the Secretary of the Interior    |
| for the administration and enforcement of the Migratory Bird Treaty   |
| Act of July 3, 1918                                                   |
| \[[16](http                                                           |
| ://assembler.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16.html) |
| U.S.C.                                                                |
| [703](http://assembler.l                                              |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00000703----000-.html) |
| et seq.\], shall be equally available for the administration and      |
| enforcement of this subchapter.                                       |
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