United States Department of the Interior

Washington, D.C. 20240


                                                         March 30, 1994


Subject: Service Eagle Distribution Policy

Sec. 1. Purpose. This order establishes procedure for Service managers and supervisors to ensure the implementation of the following priorities when considering the disposition of non-evidentiary eagle carcasses and parts held by the Service. This order supersedes any previous policy or memorandum concerning eagles.

Sec. 2. Policy. All Service units shall expeditiously transfer salvageable eagle carcasses and eagle parts to the National Eagle Repository (Repository).

Upon request, eagle parts which have not been mounted and have been determined to be non-evidentiary will be distributed first to Native Americans for traditional religious purposes and then to all other uses.

Sec. 3. Objectives. The objective of this order is to facilitate the movement of eagle carcasses and parts to the Repository for distribution to Native American eagle permit holders and to provide guidance in prioritizing the distribution of such parts.

Sec. 4. Implementation.

      a. Under the provisions of the Eagle Act, the Service is authorized to distribute eagle carcasses, feathers and parts to Native Americans for religious purposes. The Service's supply of eagle parts for the religious purposes of Indians is maintained by the Repository. The Director authorizes and requires Service employees through the Eagle Act, the Endangered Species Act and the Migratory Bird Treaty Act to salvage, transport, and ship available non-evidentiary eagles to the Repository. Because the demand always exceeds the supply, eagles will not be donated or distributed for any other purpose until the needs of Native Americans have been met. On a case-by-case basis, the Regional Director may authorize deviations from this policy for important resource needs.

      b. Service entities will immediately notify the repository of the availability of eagle carcasses or parts which are not being treated as evidence. Service units will ship eagle carcasses and parts to the Repository in accordance with all applicable safety provisions, as well as handling and packaging instructions from the Repository.

Sec. 5. Authorities. Eagle Act, 16 U.S.C. 668; Migratory Bird Treaty Act, 16 U.S.C. 703-712; Endangered Species Act, 16 U.S.C. 1531-1541

Sec. 6. Effective Date: This order is effective immediately and remains in effect until it is incorporated in the Fish and Wildlife Manual or until it is amended, superseded, or revoked. However, in the absence of the foregoing actions, the provisions of this order will terminate and be considered obsolete on March 31, 1995.



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