graduation cap and diploma on table
“The law protects my right to wear this eagle plume at my graduation, and school officials had no authority to forcibly remove it from my cap,” the student says.

A former student at Broken Arrow Public Schools in Oklahoma is suing her school district, alleging that administrators prevented her from wearing an eagle plume with religious significance on her graduation cap.

The incident allegedly took place at the May 2022 graduation ceremony, when Lena’ Black, who is of Otoe-Missouria and Osage heritage, was told by school administration she could not wear a sacred eagle plume on her graduation cap, despite over 100 other students decorating their graduation caps in some manner – including with other religious symbols. 

Now she’s suing the school district, arguing that her freedom of speech and freedom of religion were both violated, and is seeking some $50,000 in compensatory damages and an unknown amount in punitive damages.

Does she have a case?

The Sacred Plume

“Lena’ really felt like this was an attack on her person, on her religion, on her culture,” explains attorney Morgan Saunders of the Native American Rights Fund, who is representing Black in court. “She’s been using this feather in religious and cultural ceremonies since she was 3 years old and it carries an incredible amount of significance.”

Per the lawsuit, Black’s had the eagle plume since adolescence and considers it a “sacred object” symbolic of “the prayers of her Otoe-Missouria people for her life and protection.”

In the lawsuit, Black concedes that she didn’t formally apply for approval to modify her graduation garb from the school’s Native American education coordinator per school district policy, but that she asked a teacher who said wearing the feather during graduation was okay. 

However, at graduation, administrators allegedly yelled at her, ignored her explanation, and removed the feather – even damaging it in the process.

Black says she suffered a panic attack and felt humiliated in front of her peers, and ultimately carried the feather in her hand during the graduation ceremony.

“I wore this plume on graduation day in recognition of my academic achievement and to carry the prayers of my Otoe-Missouria community with me,” she stated. “The law protects my right to wear this eagle plume at my graduation, and school officials had no authority to forcibly remove it from my cap.”

A First Amendment Violation?

The school isn’t commenting on the lawsuit, other than to deny much of Black’s story and to point out that there’s a formal process in place for students to adorn their graduation caps with decorations, religious or otherwise.

“Not only do we make exceptions for the Native American tribes, we also allow other religious and ethnic heritages to be celebrated by the wearing of specific items,” explained a spokesperson for the school.

The lawsuit coincides with Oklahoma Gov. Kevin Stitt’s veto of recently passed legislation that would allow Native American students to wear tribal regalia at high school and college graduation ceremonies. Gov. Stitt argued that the decision should be left to individual districts, but the Oklahoma legislature has now overridden the veto and upheld the measure.

Stitt says he fears that this will only open the door to allow different groups to “demand special favor to wear whatever they please at a formal ceremony.”

The group representing Black in court took a victory lap after that announcement, calling it "great news" that students will no longer have to "choose between their culture and celebrating their success."

What do you think? Was the student's freedom of religious expression violated?

56 comments

  1. Susan Colmenares's Avatar Susan Colmenares

    Nope! This is simply wrong. I have been to numerous graduations and have seen every possible kind of decorations on the caps. If there had been a question of vulgarity, I would understand the school’s reaction but a feather???

  1. Pamela Kay Waters's Avatar Pamela Kay Waters

    Why should she remove it. Is it any different that a student is wearing a cross or a Jewish boy the cap or an Arab woman a scarf? This stuff is getting sickening.

  1. Tim Cranford's Avatar Tim Cranford
    1. The person who allegedly removed and damaged the feather did so illegally if they were not Native American.

    The Bald and Golden Eagle Protection Act, passed in 1940, prohibits "pursuing, shooting, shooting at, poisoning, wounding, killing capturing, trapping, collecting, molesting, or disturbing" a bald or golden eagle. It is also illegal to "possess, sell, purchase, barter, offer to sell, offer to purchase or barter, transport ... any bald or golden eagle... alive, dead, or any part, nest or egg thereof."

    This means you can't take or even move any part of a bald or golden eagle, not even a feather already on the ground. A single violation could result in up to one year in prison and a $5,000 fine.

    1. The right to wear eagle feathers by Native Americans is protected under the law, and nowhere does the law give permission or make exceptions to any school, person, or other entity to infringe on that right.

    Because of the religious and cultural significance of eagle feathers, the law makes an exception that allows members of federally recognized tribes to own eagle feathers. Eligible Native Americans must first get a permit to own and receive eagle feathers. The law allows Native Americans to wear, use, inherit, or even give feathers to other Native Americans. However, they cannot give the feathers to non-Native Americans.

    Her rights were clearly violated, according to the law, and I see no reason why she shouldn't win this lawsuit.

    1. James Thomas Daughton's Avatar James Thomas Daughton

      Very good point. However, I think that is secondary to her suit against the school. I totally agree she should have been allowed to wear it. The person or persons removing or forcing the student to hand over the feather should be arrested and fined under that statute.

    2. Michael Jeffrey Starke's Avatar Michael Jeffrey Starke

      Obviously this situation got out of hand. School officials should be ashamed.

      I am wondering about the above quoted "feather law" and whether it violates constitutional issues regarding the separation of church and state. Are there any other laws like this protecting and excluding ownership of sacred items belonging to other religions and cultures? I suspect the law originated as a way to protect bald eagles that were thought to be endangered years ago and allowed Native Americans an exclusion clause. Perhaps it has become outdated. Anybody should be able to pick up a feather laying on the ground! I've seen thousands of them on a trip to Alaska a few years ago.

    3. Paul Edward Nunis's Avatar Paul Edward Nunis

      That's 1940... the current federal 'Eagle Parts' law limits possesion (with a permit), to documented enrolled members of a recognized tribe "for Native American cultural and religious ceremonies"... not merely as a personal clothing accessory.

      1. Daniel-David's Avatar Daniel-David

        Did you read her post?

      2. William Sadler's Avatar William Sadler

        Bald and Golden Eagle Protection Act The Bald and Golden Eagle Protection Act (16 U.S.C. 668-668d), enacted in 1940, and amended several times since, prohibits anyone, without a permit issued by the Secretary of the Interior, from "taking" bald or golden eagles, including their parts (including feathers), nests, or eggs.

        The Act provides criminal penalties for persons who "take, possess, sell, purchase, barter, offer to sell, purchase or barter, transport, export or import, at any time or any manner, any bald eagle ... [or any golden eagle], alive or dead, or any part (including feathers), nest, or egg thereof."

        The Act defines "take" as "pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest or disturb." Regulations further define "disturb" as “to agitate or bother a bald or golden eagle to a degree that causes, or is likely to cause, based on the best scientific information available, 1) injury to an eagle, 2) a decrease in its productivity, by substantially interfering with normal breeding, feeding, or sheltering behavior, or 3) nest abandonment, by substantially interfering with normal breeding, feeding, or sheltering behavior" (50 CFR 22.6).

        In addition to immediate impacts, this definition also covers effects that result from human-induced alterations initiated around a previously used nest site during a time when eagles are not present, if, upon the eagle's return, such alterations agitate or bother an eagle to a degree that interferes with or interrupts normal breeding, feeding, or sheltering habits, and causes injury, death or nest abandonment.

        A violation of the Act can result in a fine of $100,000 ($200,000 for organizations), imprisonment for one year, or both, for a first offense. Penalties increase substantially for additional offenses, and a second violation of this Act is a felony.

        Regulations for permitting take of bald eagles or golden eagles (50 CFR 22) provide information on eagle permits for "the taking, possession, and transportation within the United States of bald eagles (Haliaeetus leucocephalus) and golden eagles (Aquila chrysaetos) and their parts, nests, and eggs for scientific, educational, and depredation control purposes; for the religious purposes of American Indian tribes; and to protect other interests in a particular locality. This part also governs the transportation into or out of the United States of bald and golden eagle parts for scientific, educational, and Indian religious purposes." The U.S. Fish and Wildlife Service issues and maintains permits for eagle take through ePermits and provides additional information on eagle take permitting, as well as eagle conservation, through our Eagle Management Program.

        So folks can better understand eagles, we also provide species information on bald eagles and golden eagles.

        Date Enacted Jun 8, 1940 Citation 16 U.S.C. 668-668d More information https://www.govinfo.gov/app/details/USCODE-2010-title16/USCODE-2010-title16-cha… https://www.govinfo.gov/content/pkg/USCODE-2010-title16/pdf/USCODE-2010-title16…

    4. Paul Edward Nunis's Avatar Paul Edward Nunis

      I doubt if an actual court is going to find your (1.) and (2.) fabricated legal citations persuasive. What the federal Eagle Parts law says, is easy to research.

    5. Rev Ned's Avatar Rev Ned

      Agreed.

  1. Douglas Robert Spindler's Avatar Douglas Robert Spindler

    That’s what happens when you worship the wrong God in America, For hundreds of years Christians have been forcing Native Americans to workshop the Christian job and are still at it

    1. William Sadler's Avatar William Sadler

      Nicely worded. On-the-job abuse training for wannabe God-intermediaries, sign up now!

  1. Adam Kahn's Avatar Adam Kahn

    Of course it was a gross violation of Ms. Black's religious freedoms and rights to express them! Especially when all other graduates were freely decorating their caps, and only Ms. Black was barred, humiliated, assaulted. Ms. Black's personal religious and spiritual symbol was broken (!) when the college administration was ripping the feather off this poor girl! Like the hundreds of years of oppression of Native Americans were not over (apparently not). Unspeakable... Something tells me that probably most representatives of that college administration could be Christians. So "loving", wow. Well, as usual, actually. Not a surprise.

    Ms. Black has every right to sue this horrible college, and to let everybody know what sort of racism and bigotry have been going on there.

    1. Paul Edward Nunis's Avatar Paul Edward Nunis

      Exactly what college graduation was she barred from, again?

      1. William Sadler's Avatar William Sadler

        Barred Owl College, Washington, USA.

  1. Kenneth Lafe Eric Sanderson's Avatar Kenneth Lafe Eric Sanderson

    Conservatives today have arbitrarily declared themselves the 'Normies' and DEMAND the entire country become their own giant personal safe space. Any divergence from themselves apparently offends their 'cultural sensibilities' so they've further decreed everyone will hereby live their lives to please conservatives.

  1. Najah P Tamargo's Avatar Najah P Tamargo

    Minister Najah Tamargo USA

    SHAME SHAME SHAME on the school and whoever dared to even touch that eagle plume!!! And in OKLAHOMA?????? the "Indian State"????? I equate that to someone ripping off the Pope's cross necklace during a service. How dare they deny that woman her right to practice her belief system, honor her heritage and her accomplishments!!!

    And the governor needs to GO!!! He DOES NOT belong in office!!!

  1. David Arthur Lewis's Avatar David Arthur Lewis

    The school district will definitely lose this lawsuit. School rules should be applied equally to all students.

  1. Rev. Kev's Avatar Rev. Kev

    Seems if they allow others to do decorations, why not just let it slide? Or...they could go back to what students used to do at graduations. Not put all kinds of stuff on what is supposed to be a traditional garment at what should be a happy, but formal occasion honoring educational achievement and moving forward towards adulthood.

    Went to a graduation last year. People were hollering and banging pans and using New Year's noisemakers. Couldn't hear the students' names being called. It was like a rowdy party with drunks more than a graduation.

    When I graduated (back in the Stone Age) no one would have even considered that sort of nonsense. They would've been shown the door if they had. We wore caps & gowns. No silly decorations. People were there to see their children graduate and receive their diploma. The more rowdy celebrations came after.

    1. Paul Edward Nunis's Avatar Paul Edward Nunis

      The screaming and airhorns started decades ago, messages and symbols on caps were popular in the 60s... at least in many US public schools.

      1. Rev. Kev's Avatar Rev. Kev

        I graduated in the last century. No screaming and yelling. We observed a thing called decorum. Which is no longer practised in most circles, it seems.

        I also have 4 older brothers. We're a military family so they graduated at different schools. Went to their graduations. No screaming or other noisemaking. No messages or personalization on caps or gowns.

        I'm not arguing that some form of messaging was present in some schools in the 60s. Because I have no actual information on it to do that. I'm just saying it didn't seem to catch on as a widespread practise until after my Neolithic days in school.

        I'm wondering if this is the byproduct of generations after mine being told they were all special and needed to make everything about them. Just a bit of speculation. I notice more and more that the majority of people IRL and on social media and TV are very "Me" oriented. Thinking about others, or how our actions impact others around us, doesn't seem to be all that prevalent. Went out the window with general good manners. I'm literally taken aback when someone nowadays says "please" and "thank you".

        I write all this knowing it's anecdotal and based on my own, subjective experiences (or, as the Dude might say, "It's just my opinion, man."). I haven't found a psychological study on the decorating of graduation caps and gowns. Closest I got was a study on fashion as a way to express identity. And people do appear to focus on identity these days.

    2. John Condron's Avatar John Condron

      I graduated from a catholic high school in 1975. Two streakers ran through our outdoor ceremony. "Decorum" is overrated.

  1. Rev. Mike Eggleston's Avatar Rev. Mike Eggleston

    Either all religious and ethnic symbols should be allowed or none at all. It's totally wrong to prohibit some while allowing others.

  1. Father Randi's Avatar Father Randi

    The idea that she was required to apply for the "privilege" of having her personal beliefs and faith represented makes me as angry as them yanking the feather off. Imagine having a school admin removing a cross from a students garb... the school body, parents and all, would've collectively exploded in rage. Yet, when it comes to a Native using their own regalia, it's suddenly problematic? Love and Light to Ms. Black and her family.

  1. Nicholas J Page's Avatar Nicholas J Page

    I don't know much about Indian American's but I hope this young lady wins her case and the school shut down its not as it's a huge feather distraction if I was that heritage I would of course be offended Native Indians should be treated as equal to every other religions.Mind your own business and do not get involved.Native Indians have been around for thousands of years and I think their tracking skills animal hunting.I would be proud to wear an Indian head dress they look amazing

  1. Merlin's Avatar Merlin

    Did it cause harm to the student or others? Was it disruptive to the ceremony? If not, personal expression to any philosophy is protected under the 1st Amendment. The school appears to have violated the Constitution.

  1. Colleen McAllister's Avatar Colleen McAllister

    I see nothing wrong with the feather being worn. The school overstepped boundaries. What I don't see is her freedom of speech violated as it was a decoration and not speech. Most people not of her heritage would have no idea what it meant.

    1. David Arthur Lewis's Avatar David Arthur Lewis

      Symbolic speech is protected by the First Amendment, whether it is verbal or not. Most Americans do indeed know what an eagle feather means to Native Americans. That's the reason we have a Federal Law restricting the possession and wearing of eagle feathers only to registered members of recognized Native American tribes during religious activities. This is Oklahoma, a.k.a. Indian Country. There is no way the school officials were not aware, nor is there any excuse for their ignorance of the law. The school will definitely lose in Federal court.

      1. Paul Edward Nunis's Avatar Paul Edward Nunis

        And how exactly was she participating in an official tribal ceremony? That law specifically precludes self declared status, and requires a permit.

        1. David Arthur Lewis's Avatar David Arthur Lewis

          We're talking about possession of a sacred feather. White Christian students are encouraged to wear their crucifixes, but Indigenous people are not allowed because they don't have a "real religion". In Reality, it is actually a federal crime for the White school officials to take and hold that sacred feather, not to mention the heinous crime of intentionally damaging a sacred Indigenous object. Non-Indian people are not authorized to touch it. And possession by a tribal member is NOT restricted to "ceremonies". Remember, this is OKLAHOMA, which is BELONGS to the Indians. It is not the white man's world. Most Native religious rites are private and personal, not "like those hypocrites who pray on the street corners".

          There are way too many uneducated and willfully ignorant people on this site claiming to have moral authority when all they have are Opinions.

          1. Paul Edward Nunis's Avatar Paul Edward Nunis

            The school mishandled the situation, whether you know the law or not. I'll stick to reality, you are of course welcome to enjoy your version.

            CFR::50~22.60 "We will issue a permit only to members of Indian entities recognized and eligible to receive services from the United States Bureau of Indian Affairs listed under 25 U.S.C. 479a–1 engaged in religious activities who satisfy all the issuance criteria of this section. We may, under the provisions of this section, issue a permit authorizing the taking, possession, and transportation within the United States, or transportation into or out of the United States of lawfully acquired bald eagles or golden eagles, or their parts, nests, or eggs for Indian religious use".

          2. Paul Edward Nunis's Avatar Paul Edward Nunis

            Code of Federal Regulations 50~22 "We will issue a permit only to members of Indian entities recognized and eligible to receive services from the United States Bureau of Indian Affairs listed under 25 U.S.C. 479a–1 engaged in religious activities who satisfy all the issuance criteria of this section. We may, under the provisions of this section, issue a permit authorizing the taking, possession, and transportation within the United States, or transportation into or out of the United States of lawfully acquired bald eagles or golden eagles, or their parts, nests, or eggs for Indian religious use".

  1. Timothy Holland Sr's Avatar Timothy Holland Sr

    It’s not just the feather 🪶 but it’s the symbolism of the feather, not much has changers at all.

  1. Ezekiel Maestas's Avatar Ezekiel Maestas

    Doesnt matter they violated someones religious beliefs im Native American and wearing an eagle feather is our god given right no government or school district can deny us that its protected by our constitution whether ppl like it or not!!!

  1. Rev Mark D's Avatar Rev Mark D

    Sounds like it was the manner of the districts decision, but who knows what provocation occurred. BFD.

  1. ServantOfJudgement's Avatar ServantOfJudgement

    Lol, the school was probably sued for letting a Christian wearing a cross on their cap so they banned all religious items to please the atheists. Now the atiests are saying let her religiosity shine! Lolol, too funny. Hahahahahaha!

    1. RevWood's Avatar RevWood

      Appatrently you missed the part of the story where it said other students were wearing religious symbols. Christians are not victims and it fact are extremely well versed in victimizing others.

      1. ServantOfJudgement's Avatar ServantOfJudgement

        @revwood Yep, I missed it. Thanks for pointing it out. I stand corrected. As far as Christian victims, sure there's a bias against Christianity, no doubt. Even you're biased. I wouldn't call us victims though, not in my opinion. Not in USA anyhow., not yet. Other countries though? They chop'em up or lock'em up.

        This girl will square up in court Im sure and hopefully justice will prevail.

        Stay safe

    2. Fr. Matthew Arælius's Avatar Fr. Matthew Arælius

      *athiests

      1. ServantOfJudgement's Avatar ServantOfJudgement

        Lol, either one works

  1. Timothy Holland Sr's Avatar Timothy Holland Sr

    Wow not much has changed at all, God we need you!!!

    1. Lionheart's Avatar Lionheart

      But do we? I’m am definitely not for bringing back Stoning, or Slavery, all of which were condoned by the Christian God. Thank goodness we don’t have any demonstrable evidence that it was real.

      🦁❤️

  1. John M. Endress's Avatar John M. Endress

    I agree with the First Amendment right to expression argument. But it will be up to the plaintiff to prove that she alone was singled out for mistreatment. If the school has a cap decoration approval process that was followed by others and not this student, the district’s right to disallow renegade graduates will be affirmed. And at that point, everybody loses — the student loses what should have been a joyous moment and the school district missed out on a valuable teaching moment.

    1. John Condron's Avatar John Condron

      Actually, John, it is likely that a court will examine... and possibly disallow... the school district's approval process. Rarely is anything in the law as "cut and dried" as you seem to think.

  1. Michelle Kundzicz's Avatar Michelle Kundzicz

    I am 1000% for the right of expression particularly of religious rights that being said, am I the only one that noticed that she readily admitted that she knew there was a school requirement to apply to make changes to the cap and gown? And if everyone else abided by the schools well-known requirement before they made their changes isn’t this more of I didn’t follow the proper rules then discrimination? however I do feel that perhaps the way it was handled in that particular moment was certainly an issue. But does this not go back to the rules Don’t apply to me attitude …Not trying to start a big argument, but I feel like I’m the only one of the thread that noticed that she had said ( I knew I was supposed to apply and I did not) but instead, she got a verbal permission from a teacher, also, shouldn’t the teacher be part of this conversation since teachers should know the requirements. These are young adults going out into the world shouldn’t they own their own accountability for their choices and decisions.

    1. Elizabeth Blackthorn's Avatar Elizabeth Blackthorn

      I don't know what other information might be out there, but the article above specifically said she conceded she didn't apply for permission, not that she knew she needed to. Asking the teacher suggests she may not have, and my long experience with schools suggests that it's entirely believable the process for approval wasn't at all clear, possibly even to the teacher. Regardless, the school had the option of a "take it off or leave" response, rather than removing it forcibly themselves, which is breathtakingly inappropriate in any situation. Not that "take it off or leave" is all that much better.

    2. RevWood's Avatar RevWood

      that school policy was in violation of her rights and should not have existed

  1. Man of God's Avatar Man of God

    The Native American will win if justice as the law states is applied.

    The root cause must be examined. Since 1492, when the first European arrived on any shore west of their homeland confict has come with them. Many reasons for this. The main reason are land, the people and the resources.

    These Europeans were believers who lived on a land mass that is the center of the universe, that all movements if suns, planets and stars were revolving around them. The Bible stories were stories about them, and that they are God's chosen people.

    The North Native American are a people who did not know or had ever heard of this Book nor what was contained in it. Yet they told these Exporers, that the Great Father created all that we see and taught them to honor this land and to take care of it.

    This is the root cause of this conflict. The Europeans brought their Christian Beliefs, diease, pollutions of land, water and air, the practices of genocide and speaking with forked tongue.

    The Native American could lose in court if history in America continues as it has since America became a country.

  1. Gary James Thomas Garrett's Avatar Gary James Thomas Garrett

    So she literally wore a "feather in her cap" and someone saw this as offensive? Regardless of the religious overtones of this, this is so unbelievably petty it's hard to wrap my head around it. There's a bureaucratic process needed to adorn a cap with a feather (or I guess anything for that matter)? You just gotta know these are no doubt the same people that will bitch and moan all day long about "government overeach" inhibiting their "freedom".

  1. Traci Googins's Avatar Traci Googins

    Schools and traditions are so overrated and so is this " don't offend anyone" society!!! Probably the reason why so many kids are going on shooting rampages, society is making them CRAZY!!!! And as for native American culture....I am not native American but wish I had been born native and I believe in all of their spiritually. I believe that the white man has ruined everything and they should have followed native culture when they got here instead of changing it. The native Americans have suffered dearly at the hands of the white man and this is another display of that exact monstrosity. It is disgusting that today's people do not have a clue about true spiritual enlightenment and they will NEVER understand the bond between the native americans and the universe. Well the white mans court will have the finally say about the fate of what happened to this beautiful soul but no white man in that court will ever understand the spiritual damage that was brought on by the vicious actions of prominent members of this school and the community. Money, the root of all evil.....will be the only eye-opener IF she wins this case but they will NEVER admit to being wrong and that beautiful young soul will NEVER get back what they stole from her...... " HER CULTURE!!!"

  1. Mary's Avatar Mary

    I hope you win and that school has to pay for their crime.

  1. Julie Armstrong's Avatar Julie Armstrong

    Good for her she should sue. I bet if she had a rainbow flag they'd let her go across stage. That's ridiculous you're supposed to be proud of your heritage and who you are.

  1. Julie Armstrong's Avatar Julie Armstrong

    Good for her she should sue. I bet if she had a rainbow flag they'd let her go across stage. That's ridiculous you're supposed to be proud of your heritage and who you are.

  1. William Sadler's Avatar William Sadler

    I've been teaching high school in 2 Western states for about 20 years. In no school except one affiliated with the courts (last stop before "court school" and expulsion was any student required to clear any head ornamentation added to the graduation cap since none was generally permitted at all to preserve a sense of tradition and decorum.

    That being said, at my colleges' and graduate schools' ceremonies all manner of self-approved decorations were in full display. I wore the traditional blues for UC Santa Cruz in 1987 without augmentation. But, for CA State University, Sonoma, I wore a tie-dyed cape, a feathered Stetson (XXXXX Beaver) and knee high fringed boot-moccasins. For my teacher Credential ceremony I wore an expensive Italian suit and tie. All three outfits were appropriate to the events and nobody outwardly complained.

    Graduation ceremonies are a big deal for a lot of students and their families. My high school graduation left an indelible mark on my personal sense of dignity and compassion for others, perhaps less fortunate. During the predictable speech on opportunities and commitments, I was muttering and commenting on the speaker's diction and rhetoric when a boy in front of me asked me to please be quiet. I was startled for a minute and then ashamed: for me it was just a silly ceremony with a bunch of people I didn't really care about that much, but for him and his family it was a really important event and rite of passage.

    As a mentor and figurehead for many of my students (about 2000+ and rising), remembering that the sacred often masquerades as the profane has been as important as recalling their names. It's a big deal to them and their loved ones. Bless y'all, too.

  1. William Sadler's Avatar William Sadler

    Bald and Golden Eagle Protection Act The Bald and Golden Eagle Protection Act (16 U.S.C. 668-668d), enacted in 1940, and amended several times since, prohibits anyone, without a permit issued by the Secretary of the Interior, from "taking" bald or golden eagles, including their parts (including feathers), nests, or eggs.

    The Act provides criminal penalties for persons who "take, possess, sell, purchase, barter, offer to sell, purchase or barter, transport, export or import, at any time or any manner, any bald eagle ... [or any golden eagle], alive or dead, or any part (including feathers), nest, or egg thereof."

    The Act defines "take" as "pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest or disturb." Regulations further define "disturb" as “to agitate or bother a bald or golden eagle to a degree that causes, or is likely to cause, based on the best scientific information available, 1) injury to an eagle, 2) a decrease in its productivity, by substantially interfering with normal breeding, feeding, or sheltering behavior, or 3) nest abandonment, by substantially interfering with normal breeding, feeding, or sheltering behavior" (50 CFR 22.6).

    In addition to immediate impacts, this definition also covers effects that result from human-induced alterations initiated around a previously used nest site during a time when eagles are not present, if, upon the eagle's return, such alterations agitate or bother an eagle to a degree that interferes with or interrupts normal breeding, feeding, or sheltering habits, and causes injury, death or nest abandonment.

    A violation of the Act can result in a fine of $100,000 ($200,000 for organizations), imprisonment for one year, or both, for a first offense. Penalties increase substantially for additional offenses, and a second violation of this Act is a felony.

    Regulations for permitting take of bald eagles or golden eagles (50 CFR 22) provide information on eagle permits for "the taking, possession, and transportation within the United States of bald eagles (Haliaeetus leucocephalus) and golden eagles (Aquila chrysaetos) and their parts, nests, and eggs for scientific, educational, and depredation control purposes; for the religious purposes of American Indian tribes; and to protect other interests in a particular locality. This part also governs the transportation into or out of the United States of bald and golden eagle parts for scientific, educational, and Indian religious purposes." The U.S. Fish and Wildlife Service issues and maintains permits for eagle take through ePermits and provides additional information on eagle take permitting, as well as eagle conservation, through our Eagle Management Program.

    So folks can better understand eagles, we also provide species information on bald eagles and golden eagles.

    Date Enacted Jun 8, 1940 Citation 16 U.S.C. 668-668d More information https://www.govinfo.gov/app/details/USCODE-2010-title16/USCODE-2010-title16-cha… https://www.govinfo.gov/content/pkg/USCODE-2010-title16/pdf/USCODE-2010-title16…

  1. Donna J Enneking's Avatar Donna J Enneking

    Lena Black was within her constitutional rights. The person who did that to her is wrong. And, it's a shame that a school official would do that. What are they teaching the kids?

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