In theUnited States, theEagle feather law provides exceptions tofederal wildlife laws regarding eagles and other migratory birds to enableNative Americans to continue their traditional, spiritual and cultural practices.
Under the current50 CFR22 of the eagle feather law, individuals of certifiable Native American ancestry enrolled in afederally recognized tribe are legally authorized to obtain eagle feathers. A violation of the Act can result in a fine of $100,000 ($200,000 for organizations), imprisonment for one year, or both, for a first offense. Penalties increase substantially for additional offenses, and a second violation of this Act is a felony.[1]
The eagle feather law has given rise to continuing debate about the criteria for ownership and possession of eagles and eagle parts. Debates have centered on the differences between enrollment in a federally recognizedNative American tribe, vs aracial,ethnic or self-identified concept ofIndigeneity. Some arguments have centered on non-Natives being opposed to Natives having access to anything that other Americans cannot have.
Defenders of the law have argued it is the only legal protection of Native Americanspirituality[2] and that because eagle supplies are limited, increasing the number of people who can have eagle parts may make feathers more scarce as well as endanger the lives of too many migratory birds (including threatened or endangered species).
Arguments in favor of amending the law (notably by supporters of Religious Freedom with Raptors, an organization dedicated to changing the eagle feather law) have been made on the grounds that it imposes "racial preferences" for Native Americans[3] and that the requirement of tribal enrollment to possess eagles underminestribal sovereignty rights to fully welcome and include non-Natives in tribal customs involving eagle feathers. It is also argued that eagle permit certification restrictions based on enrollment status impede people with Indian ancestry but who may be unable to prove their ancestry, from exploring their heritage.[4][5]
Religious Freedom with Raptors also advocate removing enrollment requirements from 50 CFR 22, stating that enrollment requirements are a racial bias, and that such action would enable all U.S. citizens to apply for eagles or parts from theNational Eagle Repository (overseen by theUnited States Fish and Wildlife Service). The organization claims that this change would extend the ability of government-regulated programs and agencies to protect raptors by decreasing the profitability of raptor poaching and trafficking.[6]
