STOCKBRIDGE >> Bald eagles have a presence in Central New York communities and despite being removed from the endangered species list in 2007, the bird remains federally protected.
Department of Environmental Conservation and Audubon bird experts say the best thing to do is give the birds their space to help protect them and the integral part the play in local ecosystems.
The Bald and Golden Eagle Protection Act was put into place in 1940 and prohibits people from "taking" bald or golden eagles. The act defines "take" as "pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest or disturb" and identifies certain criminal penalties for anyone who would "take, possess, sell, purchase, barter, offer to sell, offer to purchase or barter, transport, export or import, at any time or any manner, any bald eagle... [or golden eagle] alive, dead, or any part, nest or egg thereof."
Jean Huggins of the Onondaga Audubon Society explained that possession of any part of an eagle or anything made by an eagle is a federal offense. Penalties range depending on infraction; for example, if someone was caught with an eagle feather, it would be a much more relaxed punishment.
Disturbing the birds is also loosely defined as any behavior that could agitate the birds and cause an injury to the eagle, a decrease in its productivity by interfering with breeding, feeding, or sheltering behavior or nest abandonment.
The law outlines the possibility of fines anywhere between $2,500 and $10,000, though information provided by the Fish and Wildlife Service website states that fines can reach anywhere up to $100,000. Violators of the act could possibly face jail time, and repeat offenses are considered felonies.
Huggins went on to explain that not just eagles, but all birds of prey are protected federally.
The Migratory Bird Treaty Act of 1918, which predated the eagle act, gives similar protection to all migratory birds. The language of the migratory act is similar and prevents people from capturing, killing, selling, buying, or possessing any part of an alive or dead animal or their eggs or nests. The punishments are less pronounced, though someone found in violation of the act could face fines of up to $15,000 and six months jail time. According to information provided by the DEC, the only birds not protected by the act include house sparrows, starlings and pigeons.
Huggins said birds of prey are important members of the ecosystem, consuming vermin that would otherwise plague crop growth.
"The acts are primarily there because the birds are the primary consumers of vermin like rats and mice, as well as other small creatures that damage crops," Huggins said.
"The regulations are necessary to ensure the continued existence of healthy populations of these species in New York state," said Charleissa King of DEC. "Years ago, when people didn't understand the important role of these species in the environment, bounties were paid in some areas and the attitude was very different - many hawks were labeled good or bad (mainly bad) and shot. Now we understand their ecology better and that they all have an important role in the ecosystem and deserve protection."
There are permits people can get to exempt them from the acts. In the case of eagles, this is for the purpose of scientific study and preservation. Other birds of prey are often permitted through falconry as well as scientific pursuits. Huggins said the process for permits and licenses that allow you to handle birds is long and detailed. In the case of falconry, it takes several years of dedicated training, which is expensive and time consuming.
Native Americans are also exempt from the acts in the case of possession of eagle parts such as feathers. Members of federally-recognized tribes are allowed to pick up molted or naturally fallen feathers, give and lend feathers to other Indians, give the feathers to Native American craftsmen to fashion into cultural or religious items, and travel nationally or internationally with feathers.
Native Americans cans still be prosecuted for other violations of the act, and may not sell feathers or kill protected birds.
Huggins said the best thing to do for anyone who finds an injured bird, eagle or otherwise, is to contact a local game warden or conservation officer. The DEC can be reached at 1-800-TIPP-DEC or you can call the regional wildlife office at 607-753-3095x247.