An Act to strengthen the penalties imposed for violations of the Bald Eagle Protection Act, and for other purposes
PL 92-535 (H.R.12186), enacted 10/23/1972

1064 
PUBLIC LAW 92-535-OCT. 23, 1972 
[86 STAT. 
October 23,1972 
[H.R. 12186] 
Bald and 
golden eagles. 
Protection. 
76 Stat. 1246. 
Penalties, 
increase. 
Grazing agree-
ments, cancella-
tion authority. 
P u b l i c L a w 9 2 - 5 3 5 
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AN ACT 
To strengthen the penalties imposed for violations of the Bald Eagle Protection 
Act, and for other purposes. 
Be it enacted ty the Senate and House of Representatives 
of the 
United States of America in Congress assemhled^ That the first section 
of the Act entitled "An Act for the protection of the bald eagle", 
approved June 8, 1940 (16 U.S.C. 668), is amended— 
(1) by inserting " ( a ) " immediately before "Whoever", 
(2) by inserting "knowingly, or with wanton disregard for the 
consequences of his act", immediately before "take"; 
(3) by striking out "shall be fined not more than $500 or 
imprisoned not more than six months, or both: Provided^'' and 
inserting in lieu thereof the following: "or whoever violates any 
permit or regulation issued pursuant to this Act, 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 convic-
tion for a violation of this section committed after the date of the 
enactment of this proviso, 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 pro-
hibited 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^''; and 
(4r) by adding at the end thereof the following new subsections: 
"(b) Whoever, within the United States or any place subject to 
the jurisdiction thereof, without being permitted to do so as provided 
in this Act, 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 Act, may be assessed a civil penalty by the 
Secretary of not more than $5,000 for each such violation. Each viola-
tion 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 grav-
ity 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) The head of any Federal agency who has issued a lease, license, 
permit, or other agreement authorizing the grazing of domestic live-
stock on Federal lands to any person who is convicted of a violation 
of this Act or of any permit or regulation issued hereunder may 
86 STAT. ] 
PUBLIC LAW 92-535-OCT. 23, 1972 
1065 
immediately cancel each such lease, license, permit, or other agreement. 
The United States shall not be liable for the payment of any compen-
sation, reimbursement, or damages in connection with the cancellation 
of any lease, license, permit, or other agreement pursuant to this 
section." 
SEC. 2. Section 2 of the Act of June 8, 1940 (16 U.S.C. 668a), is 
amended by striking out the period at the end thereof and insertmg 
the following: ": 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 pur-
poses 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." 
SEC. 3. Section 3 of the Act of June 8, 1940 (16 U.S.C. 668b) is 
amended to read as follows: 
"SEC. 3. (a) Any employee of the Department of the Interior author-
ized by the Secretary of the Interior to enforce the provisions of this 
Act may, without warrant, arrest any person committing in his pres-
ence or view a violation of this Act or of any permit or regulation 
issued hereunder and take such person immediately for examination 
or trial before an officer or court of competent 
Jurisdiction; may exe-
cute any warrant or other process issued by an officer or court of compe-
tent jurisdiction for the enforcement of the provisions of this Act; and 
may, with or without a warrant, as authorized by law, search any 
place. The Secretary of the Interior is authorized to enter into coop-
erative agreements with State fish and wildlife agencies or other 
appropriate State authorities to facilitate enforcement of this Act, 
and by said agreements to delegate such enforcement authority to 
State law enforcement personnel as he deems appropriate for effective 
enforcement of this Act. Any judge of any court established under the 
laws of the United States, and any United States commissioner may, 
within his respective jurisdiction, upon proper oath or affirmation 
showing probable cause, issue warrants in all such cases. 
"(b) AH 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 Act, 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, sell-
ing, purchasing, bartering, offering for sale, purchase, or barter, trans-
porting, exporting, or importing of any bird, or part, nest, or egg 
thereof, in violation of this Act or of any permit or regulation issued 
hereunder shall be subject to forfeiture to the United States. 
" (c) All provisions of law relating to the seizure, forfeiture, and 
condemnation of a vessel for violation of the customs laws, the disposi-
tion of such vessel or the proceeds from the sale thereof, and the remis-
sion or mitigation of such forfeitures, shall apply to the seizures and 
forfeitures incurred, or alleged to have been incurred, under the pro-
visions of this Act, insofar as such provisions of law are applicable 
and not inconsistent with the provisions of this Act: 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 Act, be exercised or performed by the Secretary 
of the Interior or by such persons as he may designate." 
SEC. 4. Section 4 of such Act of June 8, 1940 (16 U.S.C. 668c), is 
amended by inserting "poison" immediately after "shoot at," and by 
striking out "otherwise willfully". 
Approved October 23, 1972. 
Falconry 
permits. 
76 Stat. 1246. 
Enforcement. 
54 Stat. 251. 
Cooperative 
agreements. 
Forfeitxire. 
54 Stat. 251.