WASHINGTON — The Justice Department said Friday it is going
to allow members of federally recognized Indian tribes to possess eagle
feathers, although that's a federal crime.
This is a significant religious and cultural issue for many
tribes, who were consulted in advance about the policy the department
announced.
The Bald and Golden Eagle Protection Act and other federal
wildlife laws criminalize the killing of eagles, which are listed as either
endangered or threatened, and possession of feathers and bird parts, but the
Constitution and federal laws also give tribes local sovereignty for
self-government.
Under the new Justice Department policy, tribal members will
not be prosecuted for wearing or carrying federally protected birds, bird
feathers or parts. They also may pick up feathers found in the wild as long as
they do not disturb federally protected birds or nests. Giving, lending or
trading feathers or bird parts among tribe members, without any other
compensation, also will be allowed.
While Justice did not previously have a written policy, the
new directive is in line with long-standing practice by Justice prosecutors,
U.S. attorneys and the Interior Department not to prosecute in such circumstances.
But the Justice Department will continue to prosecute tribe
members and nonmembers alike for violating federal laws that prohibit killing
eagles and other migratory birds or the buying or selling the feathers or other
bird parts.
In addition, members of federally recognized tribes are
covered by the new Justice Department policy regardless of whether they have a
U.S. Fish and Wildlife Service permit, Attorney General Eric Holder said in a
memo to U.S. attorney offices around the country.
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