The Federal Bald and Golden Eagle Protection Act prohibits even the possession of Eagle feathers or parts. However, there is an exception for Native Americans who use eagle feathers, heads and talons in religious ceremonies. The National Eagle Repository, a federal agency, collects dead eagles from zoos, game wardens and highway departments, and, under a permit system (50 CFR 22.22), distributes them to those holding a Certificate of Indian Birth for religious uses.
The Los Angeles Times today reports that this carefully constructed system is breaking down. Thousands of non-Indians have embraced Native American beliefs and ceremonies. Four of them are suing in federal court in Utah claiming that the permit system that excludes them violates their constitutional right to free exercise of religion. Also demand among Native Americans is increasing as tribes attempt to revive traditional practices. Finally private collectors, particularly in Europe, are willing to pay large sums for regalia with eagle feathers. All this means that black-market prices for eagle feathers are soaring, and the government fears an increased illegal killing of eagles will occur.
