Shooting a bald eagle is a serious federal crime, and it has been since 1940. The Bald and Golden Eagle Protection Act makes killing, wounding, or even disturbing a bald eagle a criminal offense that can result in up to $250,000 in fines and two years in federal prison for a first conviction.
The penalties are not theoretical. Federal prosecutors and the US Fish and Wildlife Service actively investigate eagle killings, and convictions happen regularly. There is no property owner exception, no self-defense exemption, and no state law that overrides the federal prohibition.
This article covers the specific statutes, the exact penalty structure, what counts as a violation beyond just shooting, and the narrow exceptions that exist for certain authorized activities and Native American religious practices.
Is It Illegal to Shoot a Bald Eagle
Shooting a bald eagle is illegal under federal law and has been since Congress passed the Bald Eagle Protection Act in 1940. The law, now called the Bald and Golden Eagle Protection Act (BGEPA) and codified at 16 U.S.C. 668, makes it a federal crime to take, possess, sell, purchase, barter, offer to sell, transport, export, or import any bald eagle or any part, nest, or egg of a bald eagle.
The word “take” under this law is defined broadly. It includes pursuing, shooting, shooting at, poisoning, wounding, killing, capturing, trapping, collecting, molesting, or disturbing. That definition covers not just pulling a trigger but any intentional act that harms, disturbs, or kills a bald eagle.
The prohibition applies everywhere in the United States, on public land, on private land, in suburban yards, and on farms. Owning the property where the eagle stands provides no legal protection. No state law can create an exemption from the federal ban.
Quick Facts: Bald Eagle Shooting Prohibition
- Primary federal statute: Bald and Golden Eagle Protection Act, 16 U.S.C. 668
- Year enacted: 1940 (amended 1972 to include Golden Eagles)
- Does “take” include only shooting: No; includes disturbing, poisoning, trapping, collecting
- Applies on private property: Yes
- State law exemption possible: No; federal law controls
- Enforcement agency: US Fish and Wildlife Service (USFWS)
Is It Illegal to Shoot an Eagle
Shooting any eagle, whether a bald eagle or a golden eagle, is illegal under the same federal law. The 1972 amendments to the original 1940 Bald Eagle Protection Act expanded coverage to include the Golden Eagle (Aquila chrysaetos), renaming the statute the Bald and Golden Eagle Protection Act to reflect both species.
Golden eagles are less symbolically prominent than bald eagles, but they receive identical legal protection under 16 U.S.C. 668. The same criminal prohibitions, the same definition of “take,” and the same penalty structure apply to golden eagles as to bald eagles. A person who shoots a golden eagle faces the same potential fine and prison term as one who shoots a bald eagle.
This expanded protection matters particularly in the American West, where golden eagle populations are concentrated and where interactions with ranching, hunting, and energy development occur frequently. Shooting a golden eagle while hunting, even by mistake, carries the same federal criminal exposure as intentionally killing the national bird.
Eagle Species Covered Under BGEPA:
| Species | Common Name | Range | BGEPA Coverage |
|---|---|---|---|
| Haliaeetus leucocephalus | Bald Eagle | Across North America | Full protection since 1940 |
| Aquila chrysaetos | Golden Eagle | North America, western US concentrated | Full protection since 1972 |
Is It Illegal to Kill a Bald Eagle
Killing a bald eagle is a federal crime under both the Bald and Golden Eagle Protection Act (16 U.S.C. 668) and the Migratory Bird Treaty Act (16 U.S.C. 703). Both statutes apply simultaneously, meaning a person who kills a bald eagle can potentially be charged under either or both laws.
The BGEPA is the more powerful and more commonly cited statute for eagle killings because it was specifically designed for eagles and carries higher maximum penalties. The MBTA, which covers hundreds of migratory bird species, provides a secondary basis for prosecution when the BGEPA might not apply or when additional charges are warranted.
The fact that the bald eagle was removed from the Endangered Species Act list in 2007 does not reduce its protection under these statutes. Delisting under the ESA simply means the population had recovered enough to no longer need the additional protections of that specific law. The BGEPA protection was never tied to the ESA and remains fully in effect.
Dual Statute Coverage for Eagle Killings:
- BGEPA (16 U.S.C. 668): Eagle-specific; higher maximum penalties; targets intentional and commercial violations
- MBTA (16 U.S.C. 703-712): Migratory bird coverage; applies to all migratory species including eagles
- ESA (16 U.S.C. 1538): No longer applies; bald eagle delisted in 2007 but BGEPA remains fully active
- Dual charges: Prosecutors can bring charges under both BGEPA and MBTA for the same killing
- Conviction under both: Courts have allowed separate convictions for the same act under each statute
Federal Law Protecting Bald Eagles
Federal law protecting bald eagles rests primarily on two statutes: the Bald and Golden Eagle Protection Act of 1940 (16 U.S.C. 668-668d) and the Migratory Bird Treaty Act of 1918 (16 U.S.C. 703-712). Both are administered by the US Fish and Wildlife Service, which investigates violations and refers cases to the Department of Justice for prosecution.
The BGEPA’s core prohibition is in 16 U.S.C. 668: it is unlawful for anyone to take, possess, sell, purchase, barter, offer to sell, purchase, or barter, transport, export, or import any bald eagle alive or dead, or any part, nest, or egg thereof. The statute was motivated by the severe population decline of bald eagles in the early 20th century due to hunting, habitat loss, and pesticide impacts.
The MBTA, enacted 22 years earlier, provides a backup layer of protection. Its prohibition covers killing or taking of any migratory bird without a permit, and bald eagles are migratory birds. The MBTA is broader in species coverage but has lower maximum penalties. Together, the two statutes create a reinforcing legal framework that covers virtually every possible scenario involving harm to eagles.
Federal Eagle Protection Statutes Compared:
| Feature | BGEPA (16 U.S.C. 668) | MBTA (16 U.S.C. 703) |
|---|---|---|
| Species covered | Bald and Golden Eagles only | Hundreds of migratory species |
| Enacted | 1940 (amended 1972) | 1918 |
| Intentional violation max penalty | $250,000 fine, 2 years prison | $250,000 fine, 2 years prison |
| Non-intentional civil penalty | Up to $10,000 | Up to $5,000 |
| Native American exception | Yes, with USFWS permit | Limited |
| Take permit available | Yes, very limited | Yes, more common for research |
Key Takeaway: Bald eagles are protected by two overlapping federal statutes. The BGEPA is eagle-specific and carries high criminal penalties. The MBTA provides a secondary layer of protection covering all migratory birds including eagles.
Bald and Golden Eagle Protection Act Penalties
The Bald and Golden Eagle Protection Act establishes a tiered penalty structure that distinguishes between first offenses and subsequent offenses, and between non-commercial and commercial violations. The penalties are among the most significant in federal wildlife law.
Under 16 U.S.C. 668(a), a first-offense criminal conviction for violating the BGEPA by a non-commercial actor carries a fine of up to $100,000 and up to one year in prison. A second or subsequent offense carries a fine of up to $200,000 and up to two years in prison. When the violation involves a commercial purpose, meaning the eagle or its parts were sold or traded for profit, the maximum fines double: $250,000 for organizations and $200,000 for individuals, with up to two years in prison.
Civil penalties under 16 U.S.C. 668(b) can be assessed administratively by the Secretary of the Interior without going through criminal prosecution. Civil penalties reach up to $10,000 per violation. Civil penalties are used when criminal prosecution is not warranted but a sanction is still appropriate, such as in cases of negligent or accidental violations by otherwise law-abiding parties.
BGEPA Criminal Penalty Structure:
| Violation Type | Maximum Fine | Maximum Prison |
|---|---|---|
| First offense, non-commercial | $100,000 | 1 year |
| Second or subsequent offense | $200,000 | 2 years |
| Commercial violation (individual) | $200,000 | 2 years |
| Commercial violation (organization) | $250,000 | 2 years |
| Civil penalty (administrative) | $10,000 | N/A |
| Equipment forfeiture | Mandatory | N/A |
Penalty for Killing a Bald Eagle
The penalty for killing a bald eagle starts at up to $100,000 in fines and one year in federal prison for a first criminal conviction under the BGEPA. That is the baseline for a non-commercial, intentional killing. The actual sentence imposed by a federal court depends on the circumstances, prior criminal history, and the specific conduct involved.
Federal courts have imposed significant sentences in documented eagle killing cases. In cases involving deliberate, repeated eagle poisoning, courts have imposed prison sentences and ordered restitution payments to wildlife conservation funds. In cases involving commercial poaching of eagles for their feathers or parts, courts have applied the commercial violation penalty tier with its higher maximums.
In addition to fines and prison time, courts routinely order forfeiture of equipment used in the violation, including firearms, vehicles, and hunting gear. Courts also commonly impose conditions requiring community service at wildlife organizations, prohibition on future hunting and firearm possession, and mandatory restitution payments. These collateral consequences add substantially to the financial and practical impact of a conviction.
Typical Sentencing Components for Eagle Killing:
- Criminal fine: $1,000 to $100,000+ depending on offense severity
- Prison term: Probation to 1 year (non-commercial first offense); up to 2 years (repeat or commercial)
- Equipment forfeiture: Firearms, vehicles, hunting equipment used in the violation
- Restitution: Payments to wildlife conservation funds or for eagle valuation
- Supervised probation: Common after prison term; may restrict hunting rights
- Community service: Often required at wildlife-related organizations
Fine for Shooting a Bald Eagle
The fine for shooting a bald eagle under the BGEPA can reach $100,000 for an individual’s first criminal conviction and $200,000 for a repeat or commercial violation. These are the statutory maximums, not the average amounts courts impose. Many convicted individuals receive lower fines depending on circumstances, but the ceiling is substantial.
Civil fines of up to $10,000 per violation can be assessed by the USFWS without criminal prosecution. These administrative civil penalties are the most common outcome in cases involving accidental or negligent eagle deaths, such as a wind turbine strike or a vehicle collision where the responsible party cooperates with investigators.
Fines under the Migratory Bird Treaty Act can be added on top of BGEPA penalties if both statutes are charged. MBTA criminal violations carry fines up to $15,000 per violation for non-commercial conduct. The combined potential fine exposure in a serious deliberate eagle killing case, charged under both statutes with commercial enhancement, can reach into the hundreds of thousands of dollars.
Fine Comparison: BGEPA vs. MBTA for Eagle Violations:
- BGEPA criminal (first, non-commercial): Up to $100,000
- BGEPA criminal (repeat or commercial): Up to $200,000 to $250,000
- BGEPA civil administrative: Up to $10,000 per violation
- MBTA criminal (non-commercial): Up to $15,000 per violation
- MBTA criminal (commercial/knowing): Up to $250,000 per violation
- Combined maximum exposure: Hundreds of thousands of dollars
Can You Shoot an Eagle on Your Property
You cannot legally shoot an eagle on your property. The BGEPA and the MBTA apply on all land in the United States, including privately owned land. Property ownership creates no exception to federal wildlife law, and no state law can override the federal prohibition.
This is one of the most common misconceptions in wildlife law. Many landowners assume that what happens on their property is their business. Federal wildlife statutes were specifically designed to apply everywhere within US jurisdiction, including private farms, ranches, and residences, precisely because migratory wildlife does not respect property lines.
There is no self-defense exception for eagles in the BGEPA. If an eagle attacks livestock or pets, the legal response is to contact the USFWS, document the problem, and potentially apply for a depredation permit if the situation is ongoing and severe. Taking matters into your own hands by shooting the eagle creates federal criminal exposure regardless of how justified the action may feel.
What Property Owners Can and Cannot Do:
- Legally shoot an eagle attacking livestock: Cannot, without USFWS authorization
- Legally scare eagles away using noise or non-harmful deterrents: Yes
- Legally contact USFWS to report ongoing eagle predation problems: Yes
- Apply for a depredation permit to address ongoing eagle conflicts: Yes, in very limited cases
- Legally do nothing and allow eagle access to property: Not required; deterrents are lawful
Key Takeaway: Property ownership gives you no right to shoot eagles under federal law. The prohibition is absolute for private individuals, and the only legal remedies for eagle conflicts are non-lethal deterrence and USFWS permit processes.
Accidental Bald Eagle Killing Penalty
Accidental or incidental bald eagle killings are handled differently from intentional killings, but they are not automatically exempt from penalty. The degree of culpability, the circumstances of the accident, and the party’s cooperation with investigators all affect the outcome.
For truly accidental killings, such as a vehicle collision, a eagle nest falling during a legal tree removal, or an eagle flying into power lines, USFWS investigators assess the situation before deciding whether to pursue civil penalties, require mitigation measures, or take no enforcement action. In cases where a business is involved, such as a power company, the agency typically negotiates avian protection agreements that require infrastructure modifications to prevent future deaths.
For accidental killings where the party was engaged in reckless or negligent conduct, civil penalties under the BGEPA of up to $10,000 per violation are more likely. For killings that occur during illegal activities, even if the eagle death itself was unintentional, criminal prosecution under both the BGEPA and MBTA is possible. The intentionality of the underlying illegal activity, not just the eagle death, affects the charge level.
Accidental Killing Outcomes by Scenario:
| Scenario | Likely Outcome |
|---|---|
| Vehicle collision with eagle | USFWS notification; typically no penalty if reported |
| Eagle killed by power line (utility company) | Avian protection plan required; civil penalty possible |
| Eagle death during legal logging | Investigation; mitigation agreement likely |
| Eagle killed during illegal activity (even accidentally) | Criminal charges under BGEPA and/or MBTA |
| Eagle nest destroyed during legal construction without permit | Civil penalty up to $10,000; permit process required |
Is It Illegal to Shoot a Golden Eagle
Shooting a golden eagle is just as illegal as shooting a bald eagle, carrying the same federal criminal penalties under the BGEPA and the same civil penalty exposure. The 1972 amendments to the original Bald Eagle Protection Act added golden eagles specifically because they were being shot in the American West by ranchers and hunters who believed they were a threat to livestock and game.
Golden eagles are not covered by state hunting laws in any state. They cannot be taken under any hunting license, game tag, or any other state-issued authorization. The federal prohibition overrides all state-level wildlife regulations, and no state hunting license or season applies to eagles.
Golden eagle populations face ongoing pressure from human activities including wind energy development, illegal shooting, and habitat changes. USFWS monitors golden eagle populations and actively investigates reported shootings. The western states of Wyoming, Montana, Idaho, and Nevada have seen the most prosecutions for golden eagle killings, typically involving ranchers or poachers.
Golden Eagle Protection Summary:
- Governing statute: BGEPA (16 U.S.C. 668), same as bald eagle
- Added to protection: 1972 amendments to BGEPA
- State hunting authorization: Does not exist; no state can permit golden eagle hunting
- Population status in 2026: Not listed under ESA; fully protected under BGEPA
- Primary threats: Illegal shooting, wind turbine collisions, lead poisoning from hunting ammunition
- Enforcement focus states: Wyoming, Montana, Idaho, California, Nevada
Is It Illegal to Disturb a Bald Eagle Nest
Disturbing a bald eagle nest is illegal under the BGEPA, which prohibits molesting or disturbing eagles and their nests and eggs. This prohibition extends to active nests, inactive nests, and nest sites even when the eagle is not present.
The USFWS’s National Bald Eagle Management Guidelines provide specific buffer zones around nesting areas during different periods of the breeding season. Activities within these buffer zones, such as construction, logging, or recreational use, can constitute disturbance under the BGEPA even if no eagle is visibly present. Violating these guidelines during active nesting periods creates legal exposure.
Property owners who discover a bald eagle nest on their land face real legal constraints. The BGEPA’s prohibition on disturbing nests applies to private landowners. Activities that would normally be legal, such as trimming a tree or conducting construction near the nest, may require prior coordination with the USFWS to avoid violating the disturbance prohibition. Nest disturbance violations are typically handled through civil penalties rather than criminal prosecution, but the liability is real.
Eagle Nest Disturbance: Legal Framework:
- Prohibition: BGEPA prohibits molesting or disturbing nests and eggs
- Applies to: Active nests, inactive nests, nest trees even without eggs or birds
- Buffer zones: USFWS guidelines establish minimum distances for activities near nests
- Private landowner applicability: Yes; applies on private land
- Typical penalty: Civil administrative penalty up to $10,000 per violation
- Criminal prosecution: Possible for willful or commercial disturbance
Bald Eagle Feather Possession Law
Possessing bald eagle feathers is illegal for most Americans, and the prohibition is absolute for non-Native individuals. The BGEPA prohibits possession of any part of a bald or golden eagle, including feathers, talons, eggs, and nests, and extends to feathers found naturally on the ground.
The rule that naturally shed or found feathers cannot be kept is one of the most frequently misunderstood aspects of eagle law. Finding a bald eagle feather on a hiking trail and picking it up to take home is a federal crime. The law does not require that you killed or harmed the eagle. Possession itself is the violation.
The USFWS operates the National Eagle Repository in Commerce City, Colorado, which collects eagle carcasses and parts from natural deaths, lead poisoning, and other sources. This repository distributes eagle feathers and parts to enrolled members of federally recognized Native American tribes for religious and cultural purposes. Non-Native individuals have no legal pathway to possess eagle feathers through any process.
Bald Eagle Feather Possession: Legal Status:
| Person | Legal to Possess Eagle Feathers | Pathway |
|---|---|---|
| Private non-Native individual | No | No legal pathway exists |
| Licensed researcher | Yes | Federal scientific collection permit required |
| Accredited educational institution | Yes | USFWS educational permit required |
| Federally recognized tribe member | Yes | National Eagle Repository system |
| Wildlife rehabilitator (temporary) | Yes | Rehabilitation permit covers temporary possession |
| Museum with scientific collection permit | Yes | Institutional collection permit required |
Native American Eagle Feather Rights
Native Americans who are enrolled members of federally recognized tribes have legal rights to possess bald and golden eagle feathers for religious and cultural ceremonies that non-Native Americans do not have. These rights are recognized under federal law through a combination of the Eagle Feather Law, USFWS permit regulations, and the American Indian Religious Freedom Act.
The USFWS’s eagle permit regulations at 50 C.F.R. Part 22 establish a framework under which enrolled tribal members can request eagle feathers and parts from the National Eagle Repository in Commerce City, Colorado. Wait times for the repository have historically been long, sometimes measured in years, due to high demand relative to the supply of legally obtained eagle carcasses.
The Native American exception applies only to enrolled members of federally recognized tribes. It does not apply to individuals who identify culturally as Native American without federal recognition, members of state-recognized but not federally recognized tribes, or non-tribal individuals who hold Native American religious beliefs. The distinction is strict, and the USFWS and federal prosecutors have vigorously defended the boundary of who qualifies for the exemption.
Native American Eagle Feather Rights: Key Rules:
- Eligible: Enrolled members of federally recognized tribes for religious and cultural purposes
- Not eligible: Non-enrolled individuals, members of non-federally-recognized tribes
- Source: National Eagle Repository in Commerce City, Colorado
- Application process: Tribal enrollment documentation required; specific request process through USFWS
- Wait time: Can be several years due to demand
- Commercial use of eagle feathers: Not permitted even for enrolled tribal members
- Enforcement: USFWS actively investigates unauthorized non-Native eagle feather possession
Frequently Asked Questions
Is it illegal to shoot a bald eagle in the United States?
Yes, shooting a bald eagle is a federal crime under the Bald and Golden Eagle Protection Act (16 U.S.C. 668), enacted in 1940.
The law prohibits killing, wounding, disturbing, or taking an eagle and applies everywhere in the US including private property.
A first criminal conviction can result in up to $100,000 in fines and one year in federal prison.
There are no hunting seasons, state permits, or property owner exceptions that override this federal prohibition.
What is the penalty for killing or shooting a bald eagle?
The criminal penalty for killing a bald eagle under the BGEPA starts at up to $100,000 in fines and one year in prison for a first offense.
Commercial violations carry up to $250,000 in fines and two years in prison.
Civil administrative penalties of up to $10,000 per violation can be assessed without criminal prosecution.
Courts also routinely order equipment forfeiture, restitution payments, and probation conditions restricting future hunting rights.
Can you shoot a bald eagle in self-defense or to protect livestock?
No, there is no self-defense or livestock protection exception in the BGEPA or any other federal eagle protection law.
If an eagle is attacking livestock or pets, the legal response is to use non-lethal deterrents and contact the USFWS.
Property owners experiencing ongoing eagle predation problems can apply to the USFWS for a depredation permit, but shooting the eagle without authorization is a federal crime.
The only parties who can legally harm eagles are those with specific USFWS authorization under very limited permit categories.
Is it illegal to possess bald eagle feathers you found on the ground?
Yes, possessing bald eagle feathers found on the ground is illegal for most Americans.
The BGEPA prohibits possession of any eagle part, including naturally shed feathers, by non-authorized individuals.
Only enrolled members of federally recognized tribes, licensed researchers, and permitted institutions can legally possess eagle feathers.
The National Eagle Repository provides eagle feathers to eligible Native American tribal members for religious and cultural use.
Are bald eagles still endangered or protected in 2026?
Bald eagles were removed from the Endangered Species Act list in 2007 because their population recovered successfully.
Delisting under the ESA did not remove their protection under the BGEPA, which remains fully in effect and is not connected to ESA listing status.
The BGEPA was enacted in 1940 and has protected eagles regardless of their ESA status throughout its history.
In 2026, bald eagles are fully protected under the BGEPA and MBTA with the same criminal penalty structure that has applied for decades.
Federal protection for bald eagles is among the strongest in US wildlife law, and it applies universally across all land and all people in the country. The penalties are serious, actively enforced, and apply far beyond just shooting, covering disturbance, possession of feathers, and nest interference.
Bookmark this page as your definitive reference for bald eagle protection law in 2026. Share it with anyone who spends time outdoors near eagle habitat or owns land where eagles nest.
