Title 16 — ConservationRelease 119-73
§668 Bald and golden eagles
Title 16 › Chapter CHAPTER 5A— - PROTECTION AND CONSERVATION OF WILDLIFE › Subchapter SUBCHAPTER II— - PROTECTION OF BALD AND GOLDEN EAGLES › § 668
Summary
It is illegal in the United States or places under its control to knowingly or recklessly take, possess, sell, buy, trade, offer, transport, import, or export any bald or golden eagle, or any part, nest, or egg of those eagles, or to break any permit or rule made under this law. For a first criminal conviction the penalty is a fine up to $5,000, or jail up to one year, or both. For a second or later conviction after October 23, 1972, the penalty is a fine up to $10,000, or jail up to two years, or both. Each separate act is a separate crime. Half of any fine, up to $2,500, can be paid to someone who gives information that leads to a conviction. Possession or transport of bald eagles taken lawfully before June 8, 1940, or golden eagles taken lawfully before the golden-eagle protections were added, is allowed. The Secretary can also fine up to $5,000 per violation as a civil penalty. No civil fine can be imposed without notice and a chance for a hearing. The Secretary must consider how serious the violation was and whether the person acted in good faith, and can reduce or cancel a penalty for good cause. If a person does not pay, the Secretary can ask the Attorney General to sue to collect the money, and a court will uphold the Secretary’s decision if it is supported by substantial evidence. A federal agency head can cancel grazing leases or permits for someone convicted under this law, and the United States will not owe compensation for those cancellations.
Full Legal Text
Title 16, §668
Conservation — Source: USLM XML via OLRC
(a)Whoever, within the United States or any place subject to the jurisdiction thereof, without being permitted to do so as provided in this subchapter, shall knowingly, or with wanton disregard for the consequences of his act 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 subchapter, 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 conviction for a violation of this section committed after October 23, 1972, 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 prohibited 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, That nothing herein shall be construed to prohibit possession or transportation of any bald eagle, alive or dead, or any part, nest, or egg thereof, lawfully taken prior to June 8, 1940, and that nothing herein shall be construed to prohibit possession or transportation of any golden eagle, alive or dead, or any part, nest, or egg thereof, lawfully taken prior to the addition to this subchapter of the provisions relating to preservation of the golden eagle.
(b)Whoever, within the United States or any place subject to the jurisdiction thereof, without being permitted to do so as provided in this subchapter, 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 subchapter, may be assessed a civil penalty by the Secretary of not more than $5,000 for each such violation. Each violation 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 gravity 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 livestock on Federal lands to any person who is convicted of a violation of this subchapter or of any permit or regulation issued hereunder may immediately cancel each such lease, license, permit, or other agreement. The United States shall not be liable for the payment of any compensation, reimbursement, or damages in connection with the cancellation of any lease, license, permit, or other agreement pursuant to this section.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
Prior to the addition to this subchapter of the provisions relating to preservation of the golden eagle, referred to in subsec. (a), means prior to Oct. 24, 1962, the date such provisions were enacted by Pub. L. 87–884 as an amendment of this section and section 668a of this title.
Amendments
1972—Pub. L. 92–535 designated existing provisions as subsec. (a), substituted “shall knowingly, or with wanton disregard for the consequences of his act take” for “shall take”, increased fine and imprisonment terms from $500 or six months to $5,000 or one year, and inserted provisions that a second conviction carry a penalty of $10,000 fine or imprisonment of not more than two years, that each taking constitute a separate offense, and that informers be rewarded one-half of the fine not exceeding $2,500, and added subsecs. (b) and (c). 1962—Pub. L. 87–884 extended prohibitions against the enumerated acts to the golden eagle and changed proviso by substituting “bald eagle”, “June 8, 1940” and “and that nothing in said sections shall be construed to prohibit possession or transportation of any golden eagle, alive or dead, or any part, nest, or egg thereof, lawfully taken prior to the addition to said sections of the provisions relating to preservation of the golden eagle” for “such eagle,” “the
Effective Date
of said sections” and “but the proof of such taking shall lie upon the accused in any prosecution under said sections”, respectively. 1959—Pub. L. 86–70 struck out “except the Territory of Alaska,” after “subject to the jurisdiction thereof,”.
Statutory Notes and Related Subsidiaries
Short Title
Act
June 8, 1940, ch. 278, 54 Stat. 250, which is classified to this subchapter, is popularly known as the “Bald and Golden Eagle Protection Act” and also as the “Bald Eagle Protection Act”. Legislative IntentEnacting clause of act
June 8, 1940, provided: “Whereas the Continental Congress in 1782 adopted the bald eagle as the national symbol; and “Whereas the bald eagle thus became the symbolic representation of a new nation under a new government in a new world; and “Whereas by that act of Congress and by tradition and custom during the life of this Nation, the bald eagle is no longer a mere bird of biological interest but a symbol of the American ideals of freedom; and “Whereas the bald eagle is now threatened with extinction: Therefore “Be it enacted * * *” , etc.
Executive Documents
Enforcement
functions of Secretary or other official in Department of the Interior related to compliance with this subchapter with respect to pre-
Construction
,
Construction
, and initial operation of transportation system for Canadian and Alaskan natural gas transferred to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§ 102(e), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5, Government Organization and Employees. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and authority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by section 720d(f) of Title 15.
Reference
Citations & Metadata
Citation
16 U.S.C. § 668
Title 16 — Conservation
Last Updated
Apr 6, 2026
Release point: 119-73