Falconry & Eagle Management
TL;DR- Only eagles "that would otherwise be taken" for depredation can be wild-captured for falconry — Master license required
- Captive breeding of eagles is federally prohibited (no final rule ever issued to change this)
- This creates a live-removal pipeline: problem birds become falconry candidates instead of being lethally controlled
Golden Eagles in Falconry
Golden eagles are the premier falconry species due to their:
- Trainability and intelligence
- Strength and capability
- Longevity in captivity (20-30+ years)
- Successful adaptation to training
Captive Breeding Restrictions & Wild Capture Requirements
Critical Policy: Captive breeding of golden eagles for falconry is PROHIBITED under current federal regulations (50 CFR 21.82). All falconry eagles must come from wild-caught birds, specifically those that would otherwise be taken for depredation control.
📜 USFWS Explored Lifting This Prohibition — 2011 ANPR
In 2011, Dr. George T. Allen (USFWS Division of Migratory Bird Management) published an Advance Notice of Proposed Rulemaking (ANPR) asking whether bald and golden eagles should be allowed under federal raptor propagation permits — making them the only MBTA-protected raptors that cannot currently be captive-bred. At the time, eagles were held under education, eagle falconry, and Native American eagle aviary permits. The ANPR solicited public comment on 10 specific questions covering propagator qualifications, facility requirements, hybridization, and permitted purposes for captive-bred birds.
Outcome: No final rule was issued. The prohibition on captive breeding of golden eagles for falconry remains in place to this day.
Full text:
govinfo.gov (HTML) |
PDF version |
Federal Register entry
Gov't / Federal ANPR
📊 Millsap & Allen (2006) — Falconry Harvest Is Sustainable for Golden Eagles
Millsap, B.A. & Allen, G.T. (2006). "Effects of Falconry Harvest on Wild Raptor Populations in the United States: Theoretical Considerations and Management Recommendations." Wildlife Society Bulletin 34(5):1392–1400. Peer-Reviewed
Using a deterministic matrix population model and the best available demographic data for 8 raptor species, this USFWS-authored study found that golden eagles have among the highest sustainable harvest potential of any species examined — driven by their unusually large floater population.
31%
MSY harvest rate for golden eagles (juvenile passage)
5%
Recommended max harvest cap per USFWS guidance
1.35
Floater-to-breeder ratio — highest of all 8 species studied
<1%
Actual 2003–2004 harvest rate — far below sustainable levels
Key findings for management:
- Harvest effects below MSY are absorbed almost entirely by the subadult and floating adult population — nest-site counts will not detect sustainable harvest impacts
- Golden eagles' floater:breeder ratio of 1.35 (the highest of all species modeled) acts as a large demographic buffer — more surplus birds available than any other raptor studied
- Actual USFWS-recorded take in 2003–2004 was so far below 1% of the juvenile cohort that it was biologically inconsequential at the population level
- Juvenile (passage) harvest is the least damaging age class to harvest — adults are the most sensitive; current falconry regulations correctly target juveniles
- Note: the authors recommend caution applying MSY figures to locally declining populations — sustainable at population scale does not automatically apply to a stressed subpopulation
Both authors (Millsap and Allen) are from USFWS Division of Migratory Bird Management — the same program responsible for eagle take permits. Allen is also the author of the 2011 ANPR on eagle captive breeding above.
Falconry as Depredation Solution
How It Works
- Licensed falconer captures depredating eagle (with proper permits)
- Eagle is trained and managed for the Practice of Falconry.
- Removes problem bird from depredating on ranches
- Eagle is preserved alive (vs. lethal removal)
- Falconer maintains eagle long-term
Cooperative Management Initiatives
Historical precedent exists for government-falconer partnerships:
- Peregrines: Successful captive breeding and wild release program (1970s-present)
- Aplomado Falcons: Restoration through captive breeding and release
- Bald Eagles: Government-sponsored recovery (DDT ban, habitat protection)
- Golden Eagles: Limited programs but potential exists for expanded cooperation
International Falconry Context
International Eagle Austringers Association represents global falconry community and advocates for eagle management and preservation through falconry.
The Case for Expanded Eagle Falconry
Advantages Over Lethal Control
- Conservation: Preserves individual eagle lives
- Effectiveness: Removes specific problem birds
- Education: Public sees eagles in action, builds support
- Long-term Management: Falconer manages eagle for 20-30 years
- Scalability: Leverages private falconer network (Master falconers)
🪶 Eagle Feathers — History, Culture & Federal Law
TL;DR- Possessing even a single eagle feather found on the ground is a federal crime without a permit — no "finders keepers" exception exists under BGEPA or MBTA
- Enrolled members of federally recognized tribes may apply to the National Eagle Repository (NER) for ceremonial feathers — typical wait: 3–5+ years for a whole bird
- First-offense penalty: up to $5,000 fine and/or 1 year federal imprisonment (misdemeanor); second offense up to $10,000 and/or 2 years (felony)
Historical Context — From Abundance to Federal Protection
For thousands of years, eagle feathers held — and continue to hold — profound spiritual, ceremonial, and cultural significance for Indigenous peoples across North America. War bonnets, prayer fans, and healing ceremonies relied on eagle feathers as sacred objects representing strength, courage, and a direct connection to the Creator. Feathers were earned, gifted, and passed down through generations with deep reverence.
By the late 19th and early 20th centuries, unregulated commercial hunting, poisoning campaigns, and habitat loss had decimated eagle populations across the continent. Bald eagles — once numbering in the hundreds of thousands — fell to fewer than 500 nesting pairs in the lower 48 states by the 1960s. Golden eagles fared only marginally better; aerial gunning campaigns in the American Southwest killed an estimated 20,000 or more birds between the 1940s and early 1960s in Texas alone, with ranchers and government agents targeting them as livestock threats.
~20,000 golden eagles killed by aerial gunning in Texas between the 1940s–1962 before federal protection was extended to the species — the primary catalyst for amending BGEPA to cover golden eagles.
Congress responded in two stages: the Bald Eagle Protection Act of 1940 initially covered only bald eagles. After documented mass killings of golden eagles, the law was amended in 1962 to include golden eagles and was renamed the Bald and Golden Eagle Protection Act (BGEPA). Feathers, like every other part of a protected eagle, became federally regulated property overnight.
The Federal Laws That Apply
Bald and Golden Eagle Protection Act (BGEPA) — 16 U.S.C. § 668
Core prohibition: It is unlawful to "take, possess, sell, purchase, barter, offer to sell or purchase or barter, transport, export, or import, at any time or in any manner, any bald eagle or golden eagle, alive or dead, or any part, nest, or egg thereof."
- "Part" includes: feathers (including molted feathers), talons, bones, eggs, nests, skins, and blood
- No grandfather clause: Pre-1940/1962 feathers require a permit just like modern ones
- Intent irrelevant: Possession itself is the offense — you do not need to know the feather came from an eagle to be prosecuted
- Found feathers: A feather encountered in the wild may not be picked up, even temporarily. The law makes no distinction between a found feather and one taken directly from a bird
Migratory Bird Treaty Act (MBTA) — 16 U.S.C. § 703
Eagles are also protected under the MBTA, which implements U.S. treaty obligations with Canada, Mexico, Japan, and Russia covering over 1,000 migratory bird species. The MBTA independently prohibits possession of any migratory bird, feather, nest, or egg. Because eagles are covered under both BGEPA and MBTA, a feather possession charge can carry penalties under either statute — or both simultaneously.
$5K
Max fine — first BGEPA criminal offense (misdemeanor)
1 yr
Max imprisonment — first criminal offense
$10K
Max fine — second offense (felony)
2 yrs
Max imprisonment — second offense (felony)
Native American Religious Use — The Eagle Feather Law
Recognizing the central role of eagle feathers in Indigenous spiritual practice, Congress carved out a narrow exemption from BGEPA for enrolled members of federally recognized tribes. This exemption — codified at 50 C.F.R. § 22.60 and colloquially called the "Eagle Feather Law" — is the only legal pathway for a private individual to possess eagle feathers without being engaged in federally licensed research or falconry.
⚠️ Who qualifies: Eligibility is strictly limited to enrolled members of federally recognized Indian tribes (as listed on the federal register maintained by the Bureau of Indian Affairs). State-recognized tribes do not qualify. Non-Indigenous individuals — even those with Indigenous ancestry — do not qualify. Members of non-federally-recognized tribes do not qualify.
How Tribal Members Apply
- Submit USFWS Form 3-200-15a (Native American Tribal Religious Use Permit) to the Regional Migratory Bird Permit Office
- Provide tribal enrollment documentation
- Specify intended religious or ceremonial purpose
- Can request specific parts: whole bird, tail feathers, wing feathers, loose feathers, or other parts
- Permits are issued at no cost and are renewed annually
- Feathers received through the permit system may be passed to other enrolled tribal members for ceremonial use — but may not be transferred to non-tribal individuals
National Eagle Repository (NER) — How Feathers Are Distributed
All eagles that die in the United States — from power line electrocution, window strikes, vehicle collisions, wind turbine strikes, or any other cause — are supposed to be collected and sent to the National Eagle Repository, a USFWS facility located in Commerce City, Colorado. The NER receives, processes, stores, and distributes eagle carcasses and parts exclusively to enrolled tribal members holding valid religious use permits.
📦 How the NER Works
Intake: State wildlife agencies, tribal wildlife programs, electric utilities, wind energy companies, and the public are all required to report and turn over eagle carcasses. It is illegal to keep a dead eagle even if it died on your property.
Processing: Carcasses are frozen, inventoried, and catalogued by species, condition, and available parts. Birds in poor condition may be processed for individual parts (feathers, talons, wings) rather than distributed whole.
Distribution: Requests are fulfilled in the order received. Demand significantly exceeds supply — as of recent years there are approximately 4,000–6,000 open requests on the NER waitlist at any given time.
Wait times: A request for a whole golden eagle in good condition typically takes 3–5 years or longer. Requests for individual parts may be fulfilled faster. There is no expedited process regardless of urgency of ceremonial need.
Contact: National Eagle Repository · 6550 Gateway Road, Building 128 · Commerce City, CO 80022 · (303) 287-2110 · Part of the USFWS Rocky Mountain Arsenal National Wildlife Refuge
Falconry & Imping — The Feather Repair Exception
Licensed falconers who lawfully possess eagles under their federal falconry permits (50 C.F.R. § 21.82) may legally retain molted feathers from their birds for a specific purpose: imping. Imping is the centuries-old falconry technique of splicing a molted feather onto a damaged feather shaft to restore flight capability. It is considered essential raptor care under federal falconry standards.
Falconry feather rules (50 C.F.R. § 21.82(f)):
- Molted feathers from a falconer's own permitted bird may be retained for imping only — not for display, sale, or transfer
- Feathers must be listed on the falconer's annual inventory report submitted to USFWS
- Imping feathers may be transferred between licensed falconers for the sole purpose of imping a bird they legally possess
- Feathers may not be sold, bartered, displayed publicly, or given to non-falconers under any circumstance
- Upon death of the bird, all retained feathers must be turned in to USFWS within 30 days
Scientific, Educational & Salvage Permits
USFWS issues additional permits that allow possession of eagle feathers and specimens outside of the tribal and falconry pathways:
- Scientific Collecting Permit (50 C.F.R. § 21.23): Issued to qualified researchers for collection and possession of eagle specimens for bona fide scientific research. Requires institutional affiliation and peer-reviewed research justification.
- Educational Display Permit (50 C.F.R. § 21.24): Allows wildlife educators, raptor centers, and zoos to possess mounted specimens, feathers, and other parts for public education programs. Cannot be used for commercial purposes.
- Salvage / Depredation Permits: In limited circumstances, ranchers and land managers who have received eagle depredation take permits may be authorized to retain certain parts — but this requires explicit permit language and does not automatically include feathers.
Common Violations & Enforcement
⚠️ The Most Common Misconception: "I found this feather on the ground — that's legal because I didn't take it from a bird." This is false. BGEPA prohibits possession regardless of how the feather was acquired. USFWS agents have successfully prosecuted individuals for possessing feathers purchased at estate sales, inherited from family members, and found on hiking trails.
USFWS Office of Law Enforcement actively investigates eagle feather trafficking. Feathers and parts appear in illegal markets — both physical and online — with whole golden eagle tail fans selling for hundreds to thousands of dollars on the black market. Common enforcement scenarios include:
- Online sales: eBay, Facebook Marketplace, and specialty sites regularly list eagle feathers, which USFWS monitors. Sellers are routinely prosecuted.
- Taxidermy transfers: Mounted eagles, even very old ones, cannot be legally transferred without permits. Inheriting a mounted eagle from a family member still requires federal authorization.
- Hobby and craft use: Using eagle feathers in dream catchers, jewelry, or craft items for sale — or even for personal use — is a federal violation.
- Non-tribal "spiritual" use: Non-Indigenous individuals claiming spiritual need have no exemption under BGEPA regardless of sincerely held religious beliefs. Courts have consistently upheld BGEPA against First Amendment challenges from non-tribal individuals.
📋 What to Do If You Find a Dead Eagle or Feathers
Do not touch the bird or feathers. Contact your state wildlife agency or the USFWS immediately. You can also contact the National Eagle Repository directly. Reporting a dead eagle is the legally correct action and helps ensure the carcass reaches tribal members who need it for ceremonies. The USFWS will arrange collection; you will not be penalized for making the call.
Report hotline: USFWS Office of Law Enforcement — 1-800-344-WILD (9453)
Sources — Eagle Feathers & Law
National Eagle Repository — U.S. Fish & Wildlife Service · Rocky Mountain Arsenal National Wildlife Refuge, Commerce City, CO
Gov't / Federal
U.S. v. Hugs (9th Cir. 1999) & U.S. v. Wilgus (10th Cir. 2011) — Federal circuit courts upholding BGEPA constitutionality against First Amendment / RFRA challenges by non-tribal defendants Case Law
🟢 Published: 2024
🏥 Raptor Rehabilitation as a Conservation Tool
TL;DR- Released rehabilitated golden eagles yield ≥4× population return vs. baseline (Hagen et al. 2024, Wildlife Biology)
- Post-release survival matched wild cohort for golden eagles — rehab birds are not "wasted"
- 17 raptor species, 24 U.S. rehab centers studied — most comprehensive rehab ROI analysis ever published
A landmark 2024 study in Wildlife Biology put a number on what rehabilitators have long believed: releasing treated raptors back into the wild generates measurable, lasting conservation gains — and golden eagles benefit more than almost any other species.
📄 Study Citation
Hagen, C.A., Goodell, J.M., Millsap, B.A., & Zimmerman, G.S. (2024).
"Dead birds flying": can North American rehabilitated raptors released into the wild mitigate anthropogenic mortality?
Wildlife Biology. DOI: 10.1002/wlb3.01283
17
Raptor Species Studied
2.9×
Avg. Wild Birds per Release
4×+
Return for Golden Eagles
Research Question
Anthropogenic (human-caused) mortality is the leading threat to raptor populations across North America. This study asked a simple but untested question: can releasing rehabilitated raptors meaningfully offset those losses at the population level? Prior to this work, no peer-reviewed demographic analysis existed using post-release data at a continental scale.
Key Findings
Comparable Post-Release Survival
For 15 of 17 species studied (all except merlin and barn owl), rehabilitated raptors survived at rates comparable to their wild counterparts after an initial acclimation period.
Population Multiplication Effect
Even releasing just 5–10 rehabilitated birds generated an average of 2.9 additional wild birds per bird released across most species — a genuine net gain for wild populations.
Golden Eagles: Highest Return
Bald and golden eagles produced over 4 additional wild birds per rehabilitated bird released — the best return of any species — due to their long lifespan and slow reproduction.
K-Selected Species Benefit Most
Long-lived, slow-reproducing species like golden eagles gain the most from rehabilitation because each surviving individual contributes breeding years that compound over time.
Lead Author Perspective (Hagen): "I was one of those folks who felt that rehab was a feel-good thing, and it doesn't really make a difference from a conservation standpoint." His own data changed his mind — and the field.
Why It Matters for Golden Eagle Management
Golden eagle populations are already under pressure from wind turbine strikes, electrocution, lead poisoning, and illegal shooting. This study establishes that investing in rehabilitation centers isn't just animal welfare — it's a demographically defensible conservation strategy that can partially offset those losses. Given that golden eagles require 4–5 years to reach breeding age, every adult returned to the wild represents years of future reproductive potential.
Connection to Ranching Context: The same Brian A. Millsap who co-authored this study is also the lead researcher on golden eagle allowable-take limits used in federal depredation permits. This rehabilitation data feeds directly into population models that determine how many eagles can be legally removed under Wyoming, Montana, and Idaho ranching operations.
Authors
Christian A. Hagen — Oregon State University, Dept. of Fisheries, Wildlife & Conservation Sciences, Corvallis, OR (lead author)
John M. Goodell — Archives of Falconry, Boise, ID
Brian A. Millsap — New Mexico State University, Albuquerque, NM
Guthrie S. Zimmerman — Division of Migratory Bird Management, U.S. Fish & Wildlife Service, Sacramento, CA