Possession or Use of the Feathers or Other Parts of Federally Protected Birds for Tribal Cultural and Religious Purposes
By Monica Brown, Tulalip Tribes Communications Department; Photo by Brandi Montreuil
On October 12, 2012, the Department of Justice announced a policy addressing the ability of members of federally recognized Indian tribes to possess or use eagle feathers, an issue of great cultural significance to many tribes and their members. Attorney General Eric Holder signed the new policy after extensive Department consultation with tribal leaders and tribal groups. The policy covers all federally protected birds, bird feathers and bird parts.
The policy provides generally that the Department of Justice will not prosecute members of federally recognized tribes who:
- Have or use the feathers or other parts of eagles or other migratory birds.
- Pick up naturally fallen or molted feathers found in the wild, without disturbing birds or their nests.
- Give or lend the feathers or other parts of eagles or other migratory birds to other members of federally recognized tribes.
- Exchange with other members of federally recognized tribes, without payment of any kind, the feathers or other parts of eagles or other migratory birds for other such items.
- Give the feathers or other parts of eagles or other migratory birds to craftspersons who are also members of federally recognized tribes to be fashioned into cultural or religious items. Craftspersons may be paid for their work, but no payment may be made for the feathers or other parts of the eagles or other migratory birds.
- Travel in the United States with the feathers or other parts of eagles or other migratory birds.
- Travel internationally with the feathers or other parts of eagles or other migratory birds, subject to permit requirements.
The Department of Justice will continue to prosecute tribal members and nonmembers alike for:
- Buying or selling the feathers or other parts of eagles or other migratory birds or trading them for goods or services (or attempting to do so).
- Killing federally protected birds without a permit. Tribal members can apply to the U.S. Fish and Wildlife Service for permits to take (including kill) eagles for religious purposes.
- Members of federally recognized tribes do not need permits to possess the feathers or other parts of eagles or other migratory birds or to engage in the other activities listed above (with the exception of certain international travel).
The Department Policy for Federally Recognized Tribal members PDF can be viewed here.