Tribe Seeks Greater
Freedom to Kill Eagles
May 23, 2006 — By Associated Press
JACKSON, Wyo. — The Northern Arapaho
Tribe and a man accused of shooting a bald eagle on the Wind River
Indian Reservation say the federal government should make it easier for
American Indians to apply to kill bald eagles for use in religious
ceremonies.
The tribe has filed a brief in the case of Winslow Friday, who allegedly
shot the eagle without a permit in March 2005, and planned to make its
arguments before U.S. District Judge William Downes on Monday.
The case moves forward as the federal government considers removing
protections for bald eagles as a threatened species. The U.S. Fish and
Wildlife Service is taking public comments on the proposal through June
19.
Federal law allows enrolled tribal members to get a permit to kill bald
eagles in certain cases. But Friday and the Northern Arapaho say there
is no clear way to apply for the permit. They also say the bald eagle
population in Wyoming and other states has grown large enough to enable
some of the birds to be killed with little harm to the species.
In the federal government's response, Assistant U.S. Attorney Stuart
Healy said allowing people to shoot eagles without permission would
undermine the current balance between preservation and religious
freedom.
Healy argued that there was no evidence Friday was selected to hunt an
eagle or that he had purified himself prior to shooting the eagle.
Purification is said to be necessary for the eagle to be used in a
ceremony, Healy wrote.
Also, also noted the U.S. Fish and Wildlife Service maintains a
repository in Denver of eagles shot illegally or killed by cars or power
lines. Friday and the Northern Arapaho say relying on the eagle
repository results in long delays and that those eagles can't be used in
some traditional ceremonies.
If convicted, Friday faces up to a year in jail and a fine up to
$100,000.
Bald eagles were listed under the Endangered Species Act in 1978. They
were reclassified from endangered to threatened in 1995 and the U.S.
Fish and Wildlife Service now estimates that more than 7,700 nesting
pairs of bald eagles inhabit the lower 48 states.
Even if bald eagles were removed from Endangered Species Act protection,
they would continue to be protected by the Bald and Golden Eagle
Protection Act.
Source: Associated Press
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