[Code of Federal Regulations]
[Title 50, Volume 1, Parts 1 to 199]
[Revised as of October 1, 1996]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR22.22]

[Page 446]

                    TITLE 50--WILDLIFE AND FISHERIES

CHAPTER I--UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE INTERIOR

PART 22--EAGLE PERMITS--Table of Contents

                        Subpart C--Eagle Permits

Sec. 22.22   Permits for Indian religious purposes.

    The Director may, upon receipt of an application and in accordance
with the issuance criteria of this section, issue a permit authorizing
the taking, possession, and transportation of bald or golden eagles, or
their parts, nests, or eggs for the religious use of Indians.
    (a) Application procedure. Applications for permits to take,
possess, and transport bald or golden eagles, their parts, nests, or
eggs for the religious use of Indians shall be submitted to the
appropriate Special Agent in Charge (See: Sec. 13.11(b) of this
subchapter). Only applications from individual Indians will be accepted.
Each such application must contain the general information and
certification required by Sec. 13.12(a) of this subchapter plus the
following additional information:
    (1) Species and number of eagles or feathers proposed to be taken,
or acquired by gift or inheritance.
    (2) State and local area where the taking is proposed to be done, or
from whom acquired.
    (3) Name of tribe with which applicant is associated.
    (4) Name of tribal religious ceremony(ies) for which required.
    (5) Applicant must attach a certification from the Bureau of Indian
Affairs that the applicant is an Indian.
    (6) Applicant must attach a certification from a duly authorized
official of the religious group that the applicant is authorized to
participate in such ceremonies.
    (b) Additional permit conditions. In addition to the general
conditions set forth in part 13 of this subchapter B, permits to take,
possess, and transport bald or golden eagles, their parts, nests or
eggs, for the religious use of Indians shall be subject to the following
conditions:
    (1) Bald or golden eagles or their parts possessed under permits
issued pursuant to this section are not transferable, except such birds
or their parts may be handed down from generation to generation or from
one Indian to another in accordance with tribal or religious customs;
and
    (2) Permittees shall make such reports or submit inventories of
eagle feathers or parts on hand as may be requested by the Special Agent
in Charge.
    (c) Issuance criteria. The Director shall conduct an investigation
and not issue a permit to take, possess, and transport bald or golden
eagles, their parts, nests or eggs, for the religious use of Indians
unless he has determined that such taking, possession, and
transportation is compatible with the preservation of the bald or golden
eagle. In making such determination, the Director shall consider, among
other criteria, the following:
    (1) The direct or indirect effect which issuing such permit would be
likely to have upon the wild populations of bald or golden eagles; and
    (2) Whether the applicant is an Indian who is authorized to
participate in bona fide tribal religious ceremonies.
    (d) Tenure of permits. Any permit issued pursuant to this section
under which the applicant is authorized to take eagles shall be valid
during the period specified on the face thereof which shall in no case
be longer than 1 year from date of issue. Any permit issued pursuant to
this part which authorizes the permittee to transport and possess eagles
or their parts shall be valid for the life of the permittee unless
sooner revoked.