Photo courtesy Carol Berry

The Fish and Wildlife Service stresses this year that possessors of eagle feather fans like this one should be able to show tribal identification in order to avoid problems, but the agency says the emphasis is on the illegal killing of eagles for illegal commercialization rather than on the use by Natives of eagle feathers or parts for religious or cultural purposes.

Tools

Tribal identification should accompany eagle feathers, a federal agency says

By Carol Berry, Today correspondent

DENVER – Powwow season is arriving, replete with fans, bustles and other regalia, but dancers and others may want to carry tribal IDs or Certificate of Degree of Indian Blood to avoid any problems concerning eagle feathers or parts, according to the Fish and Wildlife Service.

This year, the FWS is advising dancers or those using eagle feathers for other purposes to keep documentation of Native ancestry with them to avoid being questioned about their possession of the eagle material.

At present, eagle carcasses or parts are obtained after a lengthy wait by enrolled members of federally recognized tribes from the National Eagle Repository near Denver or they can be gifted from one Native person to another, but they cannot be from illegal kills and cannot be sold.

Only a handful of permits to kill eagles for cultural/religious purposes have been issued by the FWS, and nearly always to tribal nations.

In addition to tribal ID, Steve Oberholtzer, a FWS special agent, said March 20 that a CDIB, since its issued by the BIA, might also be an acceptable means of proving Native ancestry.

He was asked about the requirement after some visitors to Denver March Powwow were concerned they could be stopped and their eagle regalia seized by federal agents, after a spate of recent arrests elsewhere.

Three Yakama Nation members from Washington and a Kiowa from Oklahoma were arrested recently for killing bald and golden eagles and selling their feathers or parts. Other, unverifiable rumors are that the FBI is conducting searches and seizures in Oklahoma, Arizona and elsewhere.

Generally, it is the FWS, not the FBI, that conducts investigations about the take of eagles for illegal commercialization, Oberholtzer said, and FWS special agents conducted the recent arrests of the four men for violation of the Bald and Golden Eagle Protection Act.

He stressed that the FWS is “aware that the right to possess eagle feathers is very important for their (Indian) culture and religion” and is “reluctant to take enforcement action” unless there is a clear indication illegal commercialization or non-Native possession of feathers or parts is taking place.

Those with eagle feathers would generally have the benefit of the doubt in terms of having eagle permit papers with them or of having to prove that the specific feathers or parts matched those on the permit issued by the FWS for lawful possession, he said.

But Oberholtzer acknowledged that, at least theoretically, people who may not appear to be of Native descent might be stopped and asked for tribal documentation and paperwork for eagle possession purposes.

“We attempt to ID the person, and take some steps to assess whether they are Native American, and document what is going on,” he said, emphasizing that the key points of agency concern are whether the eagle feathers or parts are legally acquired and if the possessor is Native American.


In the past, even Sun Dance leaders have expressed concern about the possibility of participants being asked for their eagle permits.

You have indicated this comment should be removed.

Close

The comment has been submitted for review. Thank you .

Mike said on Friday, Jul 23 at 11:35 AM

Further more, not only was the golden eagle considered the war bird, the bald eagle was sacred and a messenger to the gods. I come from a parrallel culture where the golden eagle is just the same. It is racial and religious discrimination. My ancestors wore the feathers proudly and now we must fear arrest. The government has no right to invade and then dictate the native peoples or any other culture!

48246618
Inappropriate? Alert Us!

RED HEART said on Friday, Oct 2 at 1:20 PM

I was Kayaking on the river with lots of Bald eagles,my feather floated to me,it was givin to me by my ancesters,I will display it proudly at Pou-wou.I have waited a long time for my sign...east coast native

30031274
Inappropriate? Alert Us!

Anonymous said on Thursday, Aug 27 at 5:18 PM

so whats a person to do ??? Afraid for destruction of feathers/ birds etc......................can museums keep them......ie.......crazy Horse in South Dakota ?

28359302
Inappropriate? Alert Us!

thin elk said on Wednesday, Jul 1 at 11:49 PM

my people used golden eagle feathers because the golden eagle is the war eagle but the bald eagle is nouthin to use it is just a eagle but i do know what eagle is with what feather im with a man called crazy horse and sitting bull

25283804
Inappropriate? Alert Us!

Lazy wolf said on Wednesday, Apr 22 at 12:12 PM

As sovereign people, why can't we possess and use what we want and need to use to exerise our freedoms that are supposed to be ours. This should be considered an interference in our freedom of religion and our ability to use feathers in all native ceremonies. We as Native People do not go into their religions and tell them how to and what to do or what to use in their ceremonies. This is degrading to a person, to have something they consider sacred taken from them.

20013616
Inappropriate? Alert Us!

Lazy Wolf said on Wednesday, Apr 22 at 11:43 AM

This is a mess. Who put the eagle on the endanger species list in the first place. If the eagle is such a great bird, and could not survive on its own, then it does not deserve to be here. In a contemporary sense, we are not able to get the eaglefeathers in a tradional way anymore, mostly due to the fact that we don't have access to the lands to get to the eagle habitat. We've adapted with the times and used the whiteman's way of doing things, to use a gun, and save time, get on the internet.

20011331
Inappropriate? Alert Us!

Chaska said on Wednesday, Apr 22 at 9:14 AM

Instead of enrolled NDN's having to carry all this paperwork, let the agents have laptops and be able to verify IF or IF not the person in question is a NDN or not...the focus is straying away from those Killing and selling Eagle feathers to those who possess eagle feathers...I believe that if someone is falsly accused, then those agents should be sued in court for mistakes...I do not like those who kill eagles for feathers to sell...to me that is sacraficing their Traditional spiritual ways.

19999801
Inappropriate? Alert Us!

AZndee said on Tuesday, Apr 21 at 2:48 PM

if you want to display your dancing feathers stay in Indian Country, don't migrate to the off reservation big city pow wow's, surely your people will know your a native, should you be dragged before the court for possessing eagle feathers your people I hope will appear on your behalf, further if you use it for religious purposes why are you in the big city displaying what is sacred

19959886
Inappropriate? Alert Us!

Three tribe said on Friday, Apr 17 at 6:34 AM

what about those of us who were born in Indian Country but are of many tribes and not eligble to enroll in any but we have grown up with and respect our ways so now what will they do to tell us we cant be who we are????

19762252
Inappropriate? Alert Us!

city ndn said on Monday, Apr 13 at 1:51 PM

get off it self righteous...you sound like that kiowa guy trying and studying to save his tribal in oklahoma...puts up a facade or great image all the while fan himself with the feathers he took from the the blue bird and magpie at the school he went to in colorado...all the while those birds he took all the tail feathers from died in misery. and he still sits in those peyote meetings telling others how to be ndn..but time will tell as some things are sacred and have a way against mocking them!!

19512142
Inappropriate? Alert Us!

Hopima said on Monday, Apr 13 at 1:24 PM

Two eagles,Bald and Golden. Many Tribes,don't know which eagle is traditionally, religously and historically the bird for their use. Many tribes are assisting the federal government in protecting the Bald eagle, that was never "theirs" to use. Think about it city pow wow INDINS, which bird is the correct one to use? Most of you holding these feathers probably don't know which bird it came from.

19510666
Inappropriate? Alert Us!

Demus M from Oregon said on Monday, Apr 13 at 12:50 PM

Maybe this isn't such a bad idea, but it does sound as though the US Govt is conducting "sting" operations in "Indian Country." Why the pow-wows? Why not the black market? The fact is this...how do we realy know where these feathers come from? In our neck of the woods, it appears that the Bald Eagle; at least, is on the rebound, there are numerous eagles around here and the Klamath region, perhaps so many that the Eagle should be taken off the ESA list. Another reason to arrest us.

19508727
Inappropriate? Alert Us!

Native said on Sunday, Apr 12 at 10:50 PM

Surely, there must be some test to determine if a feather has been passed down over generations or if it has been recently been obtained. In my part of the country, feathers are sent down by finding them. Also as a test of manhood, one must run down an eagle as it slowly lifts from the ground, after consuming a large meal. Not all feathers are hunted with weapons. But, commercial sales, undignified display and other non-traditional uses must be stopped - Natives must take the lead role in this.

19490522
Inappropriate? Alert Us!

CrowGoodMedicine said on Saturday, Apr 11 at 5:02 PM

why that american indian only race u.s. government try id and control and count. we not animals. hell, this 75% native dont have no tribal id, no cib but i love my eagle parts hand down to me not steal not buy. !!!!!!!!FWS YOU CANT ID ME!!!!!!!!!!! PROUD NAVAJO, CHEROKEE deaf native

19458972
Inappropriate? Alert Us!

Descendant of Fine Print said on Saturday, Apr 11 at 12:15 AM

Be concerned with what has been said and unsaid here. If a federal agent/police officer thinks you’re not native (hair not long enough, skin not red) and you have feathers - they'll lock you up. Again, the outside world determines who are Native and not the First Nations. Funny, not so long ago folks were getting locked up for practicing their culture, spirituality. What happened to the AIRFA (1978)? Why should natives have to prove anything? Has anything really changed? Check the fine print

19439327
Inappropriate? Alert Us!

Gramz said on Friday, Apr 10 at 11:18 PM

Exactly. We need to be aware that under no circumstances should we accept (buy) eagle feathers that were obtained in a non-traditional manner. We need to remain strong and somehow change the behavior of those who are killing eagles for monetary gain.

19437182
Inappropriate? Alert Us!

well now said on Friday, Apr 10 at 4:23 PM

We can all thank the recent four people who are facing federal charges for killing and selling this very sacred bird in Nebraska ..being a member of that tribe i and others are appaled...particularly at the fact that others of the tribe bought them and basically abetting them in this obscene act. No where in our tribal beliefs are such acts upon this sacred creature ever condoned! And to set back as tribal leaders further testifies of a strong leadership entity which we so dearly need. Buck UP!

19413777
Inappropriate? Alert Us!

Add a comment

Name:

Comment: 1000 Characters Left

By posting a comment, user agrees to all Terms Of Use. Comments may also appear in other website locations and in other Indian Country Today products, without notice and at the discretion of Indian Country Today.

Indian Country Today and its affiliated companies are not responsible for the content of comments posted or for anything arising out of use of the above comments or other interaction among the users. We reserve the right to screen, refuse to post, remove or edit user-generated content at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so or to monitor any Public Forum.

This content requires the latest Adobe Flash Player and a browser with JavaScript enabled. Click here for a free download of the latest Adobe Flash Player.

On Demand