BGEPABald and Golden Eagle Protection Act
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The BGEPA, on the other hand, includes no third party language and
The MBTA, although arguably more equivocal than the BGEPA, also
14) A main distinction between the ESA and the BGEPA is that the BGEPA does not contain a private right of action.
Since the BGEPA will now be the primary federal law protecting the bald eagles, the USFWS determined that the language on taking a bald eagle should be clarified.
Lastly, in 1978, the BGEPA was amended to authorize "the taking of golden eagle nests which interfere with resource development or recovery operations.
Section 668(a) of the BGEPA provides for criminal sanctions against persons or entities who "knowingly, or with wanton disregard for the consequences of [their] act[s] take, possess, sell, purchase, barter, offer to sell, purchase or barter, transport, export or import" bald or golden eagles, or their parts, nests, or eggs.
This Chapter examines Antoine's argument that, by virtue of the FWS delisting proposal, the government's interest in protecting the bald eagle has weakened to the point of invalidating the BGEPA when a defendant challenges the statute under RFRA.
51) In the proposed rule, FWS emphasized that delisting the bald eagle would not reduce or eliminate its protection under the BGEPA or the MBTA.
This Chapter asserts that in light of the Supreme Court's invalidation of traditional Native American claims,(12) the government's obligation under the Federal Indian Trust Doctrine(13) presents the best opportunity for a successful challenge to the BGEPA and its permit process.
Part II of this Chapter outlines the BGEPA permit process to obtain a FWS Native American religious use permit.
The defendants were subsequently tried and convicted under the BGEPA.
The defendants freely admitted that they trapped, shot at, and killed eagles, but argued that they were seeking eagle feathers and parts for their own religious use, and therefore the BGEPA infringed on the First Amendment guarantee of free exercise of religion.