I'm not a lawyer. I did study wildlife law in graduate school, but really what that gave me was knowledge about where and how to find information, not really argue legal matters. So, be that as it may, I believe, based on the following description, found in the Bald Eagle Management Guidelines, I could fine it "unlawful" to bait Bald Eagles (see section on disturbances). As the guidance points out, each state has its own rules. That said, there may be special cases where one could argue that "baiting" eagles posses no harm. . . However, if I read the following passage with its intent in mind, I would say that if given the choice, I would NOT bait eagles. A USFW Agent likely would also discourage such activity. Does this mean a judge would fide you guilty of a federal crime if charges were brought; I guess it would depend on the nature of the "bating" and other circumstances.
I also could see how the Migratory Act could be used and there is a potential for a “take” under the MBTA. Under and MBTA, "take" is to “pursue, hunt, shoot, wound, kill, trap,
capture, possess, or collect.”
The work "take" coupled with "pursue" as in the definition, also has some teeth. I have not ever read any of the case law on this matter, so it may all be moot. . .
http://www.fws.gov/migratorybirds/issues/BaldEagle/NationalBaldEagleManagementGuidelines.pdf
LEGAL PROTECTIONS FOR THE BALD EAGLE
The Bald and Golden Eagle Protection Act
The Eagle Act (16 U.S.C. 668-668c), enacted in 1940, and amended several times since
then, prohibits anyone, without a permit issued by the Secretary of the Interior, from
“taking” bald eagles, including their parts, nests, or eggs. The Act provides criminal and
civil penalties for persons who “take, possess, sell, purchase, barter, offer to sell,
purchase or barter, transport, export or import, at any time or any manner, any bald eagle
... [or any golden eagle], alive or dead, or any part, nest, or egg thereof.” The Act defines
“take” as “pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest or
disturb.”
“Disturb’’ means:
"Disturb means to agitate or bother a bald or golden eagle to a degree that
causes, or is likely to cause, based on the best scientific information available,
1) injury to an eagle, 2) a decrease in its productivity, by substantially interfering
with normal breeding, feeding, or sheltering behavior, or 3) nest abandonment,
by substantially interfering with normal breeding, feeding, or sheltering behavior."
In addition to immediate impacts, this definition also covers impacts that result from
human-induced alterations initiated around a previously used nest site during a time when
eagles are not present, if, upon the eagle=s return, such alterations agitate or bother an
eagle to a degree that injures an eagle or substantially interferes with normal breeding,
feeding, or sheltering habits and causes, or is likely to cause, a loss of productivity or nest
abandonment.
National Bald Eagle Management Guidelines May 2007
3
A violation of the Act can result in a criminal fine of $100,000 ($200,000 for organizations),
imprisonment for one year, or both, for a first offense. Penalties increase substantially for
additional offenses, and a second violation of this Act is a felony.
The Migratory Bird Treaty Act
The MBTA (16 U.S.C. 703-712), prohibits the taking of any migratory bird or any part,
nest, or egg, except as permitted by regulation. The MBTA was enacted in 1918; a 1972
agreement supplementing one of the bilateral treaties underlying the MBTA had the effect
of expanding the scope of the Act to cover bald eagles and other raptors. Implementing
regulations define “take” under the MBTA as “pursue, hunt, shoot, wound, kill, trap,
capture, possess, or collect.”
Copies of the Eagle Act and the MBTA are available at:
http://permits.fws.gov/ltr/ltr.shtml.
State laws and regulations
Most states have their own regulations and/or guidelines for bald eagle management.
Some states may continue to list the bald eagle as endangered, threatened, or of special
concern. If you plan activities that may affect bald eagles, we urge you to familiarize
yourself with the regulations and/or guidelines that apply to bald eagles in your state.
Your adherence to the Guidelines herein does not ensure that you are in compliance with
state laws and regulations because state regulations can be more specific and/or
restrictive than these Guidelines.