Shooting The Bald Eagle

[THL]

Feds pursue case Indian who shot eagle
U.S. appeals judge’s ruling that government ignored man’s religious rights
The Associated Press
Updated: 11:17 p.m. CT Nov 10, 2006
CHEYENNE, Wyo. - Federal prosecutors are appealing a judge’s decision to dismiss a case against an American Indian who shot a bald eagle for use in a tribal religious ceremony.

U.S. Attorney Matt Mead filed notice Wednesday that he will ask a federal appeals court in Denver to overturn U.S. District Judge William F. Downes’ dismissal of a case against Winslow Friday, 22, a Northern Arapaho Indian who acknowledged shooting a bald eagle in March 2005.

Friday could have been sentenced to up to a year in jail and a $100,000 fine if convicted.

Eagle feathers are a key element of ceremonies of the Northern Arapaho and many other tribes. Downes said in his ruling last month that the government’s actions have shown “callous indifference” to American Indian religious beliefs.

Friday’s lawyers argued that the U.S. Fish and Wildlife Service generally refuses to grant permits allowing tribal members to kill bald eagles, even though federal regulations say such permits should be available.

“It is clear to this court that the government has no intention of accommodating the religious beliefs of Native Americans except on its own terms and in its own good time,” Downes wrote.

Friday said in a telephone interview that other Indians complain that a federal repository that dispenses eagles killed by cars or power lines works too slowly and sometimes provides remains of poor quality. The judge said Friday’s tribe also argued that such birds are not considered “clean” for ceremonies, and that the hunting of a bald eagle is in itself a religious act.

“The way it was told to me, the eagle takes the prayers that we have here, takes them up to the creator,” Friday said. “That’s one main reason that we believe in it so much, it does that. It’s an offering — you want it to be nice.”

Large waiting list
More than 5,000 American Indians are on a waiting list to receive eagles from the National Eagle Repository in Colorado, according to U.S. Fish and Wildlife papers filed in Friday’s case. The agency gets only about 1,000 dead eagles per year, meaning applicants can expect to wait about 3½ years for an entire carcass to be sent to them, according to the court documents.

About 7,700 nesting pairs of bald eagles live in the lower 48 states, the U.S. Fish and Wildlife Service estimates. The species was reclassified from endangered to threatened in 1995.

Robert Rogers, Friday’s attorney, said he doesn’t think the ruling will allow American Indians to declare open season on the birds, but that the case highlighted problems they were having obtaining permits.

“If a person did not try to work with this permitting process that has now been outed, I think he might not succeed in this motion, and he would probably be convicted for doing the same thing,” Rogers said.

Attempts to reach Mead on Thursday and Friday were unsuccessful.

Linked Here

So should American Indians be allowed to shoot Bald Eagles to use in the religious ceremonies? I certainly can respect their need and understand the meaning behind it. But I can also grasp our desire to allow these birds the chance to procreate and grow in numbers.

[Parihaka]

Originally Posted by THL

Linked Here

So should American Indians be allowed to shoot Bald Eagles to use in the religious ceremonies? I certainly can respect their need and understand the meaning behind it. But I can also grasp our desire to allow these birds the chance to procreate and grow in numbers.

I believe the Arapaho are part of the Indian nations, which is why it was the Feds pursuing the case? If so I'd say the feds can go screw themselves. He can shoot as many as he likes.

[Semper Fi]

Pretty ironic that my Indian brothers are killing something that's close to extinction.

I seriously doubt one tribe will take out ALL the bald eagles in the US.

[Edgeplay_cgo]

I don't think they're that close to extinction any more. They're thick as flies in parts of Alaska, and not all that uncommon in the American Far North. Also, Indian ceremonial needs don't account for a large number of Eagles.

[RustyBattleship]

Was the eagle shot within Reservation boundaries or outside the boundaries?

[Parihaka]

Originally Posted by RustyBattleship

Was the eagle shot within Reservation boundaries or outside the boundaries?

Good question

[Dave]

IIRC he was on the rez. Not sure tho. If the feds want to make someones life miserable they're going to do it. Native treaty law is so effed up I don't think anyone knows what's really allowed anymore. As for posession and religion, it's not as free as it might be made to sound. All the religion in the world won't make it legal for anyone who isn't a registered tribal member to carry feathers. I.E. Papers Please. It's never a dull debate anyway.

d
a
v
e

[jame$thegreat]

What did he shoot it with? If it was a bow and arrow I think he should get a decreased sentence, how many eagles could he/they possibly take out with a bow and arrow? He should still be punished though, the animal is protected for a reason.

[ArmchairGeneral]

Originally Posted by jame$thegreat

What did he shoot it with? If it was a bow and arrow I think he should get a decreased sentence, how many eagles could he/they possibly take out with a bow and arrow? He should still be punished though, the animal is protected for a reason.

I like that idea. If they're gonna shoot the birds for traditional ceremonies, they should have to do it the traditional way. Bald eagles really aren't in any serious danger any more. They are a national symbol, so I can understand keeping them in a protected status, but I think religious exemptions are definitely necessary here.

[sappersgt]

I am from the "don't kill it lest you mean to eat it school." .Eagle just can't taste very good

[Dave]

Don't be fooled by any ideas of 'traditional ways'. Native cultures were very adaptable. The plains horse culture only evolved after the Spanish brought horses they found, were domesticated. In the latter half of the 19th Century, a rifle would have been the best way to take an eagle. If he's on the rez, the feds have no jurisdiction. Unless politicks get in the way. Which is likely the case. I know a lot of white folks hung up on doing things the 'traditional way' and a lotta skins who use ducttape.

d

[ArmchairGeneral]

I'm not sure about the jurisdiction question. It's not like laws automatically don't apply on the reservation. This isn't a question of hunting regulations. I believe it falls under the Endangered Species Act, and I'm pretty sure that applies on reservations just like anywhere else.

[RustyBattleship]

[quote=jame$thegreat;294218]What did he shoot it with? If it was a bow and arrow I think he should get a decreased sentence, how many eagles could he/they possibly take out with a bow and arrow? QUOTE]

Now we are REALLY getting into hair splitting. How long have the tribes been using eagle feathers as part of their cermonial dress and what did they FIRST use to hunt the eagles with?

Bow and Arrow?

Spear?

Well thrown rock?

But if hunting eagles (before becoming the National Symbol and a semi-endangered species) was allowed with firearms, should we not restrict them to those same types of arms of the time? Obviously a model 70 Winchester is too new as well as a model 10 Remington shotgun. For that matter, did repeating arms actually exist before the eagle was our National Symbol.

I don't think so. The most popular was the Brown Bess Musket or the Kentucky Long Rifle. If he used one of those firearms in the Traditional manner of the time before the eagle was protected, then a case cannot be charged against him.

[Edgeplay_cgo]

Originally Posted by sappersgt

.Eagle just can't taste very good

They taste kinda like spotted owl, only drier.

[Anon]

I suspect there are probably more bald eagles in america than full blooded native americans.

I guess it's too bad that the Indians weren't a protected 'species'.