The agency’s decision comes after the Northern Arapaho Tribe filed a federal lawsuit last year contending the refusal to issue such permits violates tribal members’ religious freedom. Permits allowing the killing of bald eagles are exceedingly rare, according to both tribal and legal experts on the matter.
“I’ve not heard of a take permit for a bald eagle,” Steve Moore, lawyer with the Native American Rights Fund in Boulder, Colorado, said Tuesday. “I see it and NARF would see it as a legitimate expression of sovereignty by the tribe, and respect for that sovereignty by the Fish and Wildlife Service.” US law prohibits the killing of bald eagles in almost all cases. The government keeps eagle feathers and body parts in a federal repository and tribal members can apply for them for use in religious ceremonies.
The bald eagle was removed from the federal list of threatened species in 2007, following its reclassification in 1995 from endangered to threatened. However, the species has remained protected under the federal Bald and Golden Eagle Protection Act.