Penalty for Killing a Bald Eagle: Federal Fines, Prison, and State Charges

The penalty for killing a bald eagle under federal law reaches $100,000 and up to one year in prison for a first offense, and $250,000 and up to two years for a second. Organizations face ceilings of $200,000 and $500,000 for those same offenses.¹² A separate civil penalty of up to $5,000 per violation can be imposed without the government proving you intended any harm.³ A second federal statute, the Migratory Bird Treaty Act, carries its own fines on the same conduct, and most states add charges of their own.

Criminal Fines and Prison Under the Eagle Act

The Bald and Golden Eagle Protection Act (BGEPA) is the primary federal law. Its text sets fines at $5,000 for a first offense and $10,000 for a second,⁴ but a general federal sentencing statute overrides those lower numbers. That statute lets courts impose up to $100,000 for any Class A misdemeanor and up to $250,000 for any felony when the underlying law caps the fine at less. Organizations face $200,000 and $500,000 respectively.² The Fish and Wildlife Service confirms those higher ceilings are the operative figures in eagle cases.¹

The practical tiers:

First offense, charged as a misdemeanor: up to $100,000 for an individual or $200,000 for an organization, up to one year in prison, or both.
Second or subsequent offense, charged as a felony: up to $250,000 for an individual or $500,000 for an organization, up to two years in prison, or both.

Each eagle counts as its own violation. Killing two birds exposes you to two separate charges with two separate fines.⁴ Criminal liability under BGEPA requires that you acted knowingly or with reckless disregard for the consequences. Pure accidents without any negligence typically fall under the civil penalty track instead.

Civil Penalties Without Proof of Intent

Even if prosecutors cannot show you acted knowingly, the government can still assess a civil penalty of up to $5,000 per violation. That applies to anyone who takes, possesses, sells, or transports a bald or golden eagle or its parts without a permit.³ Each eagle or part is a separate violation.

Before the penalty is assessed, you are entitled to notice and a hearing. The Secretary of the Interior sets the amount after considering the seriousness of the violation and your demonstrated good faith, and can reduce or waive the penalty for good cause. If you refuse to pay, the government sues to collect in federal court.³

The Migratory Bird Treaty Act Stacks On Top

Bald eagles are also covered by the Migratory Bird Treaty Act (MBTA), passed in 1918 to implement U.S. conservation treaties with Canada, Mexico, Japan, and Russia.⁵ Because BGEPA and MBTA are independent statutes, a single eagle killing can be charged under both at the same time.

An MBTA misdemeanor carries up to $15,000 in statutory fines, up to six months in jail, or both. If the killing was tied to selling the bird or its parts, the charge becomes a felony with up to two years in prison, and the general federal fines statute can push the fine ceiling to $250,000 for an individual.⁶²

Lacey Act Charges if Parts Are Sold or Shipped

Once eagle parts move in commerce, a third federal law comes in. The Lacey Act makes it a felony to knowingly import, export, or commercially traffic in illegally taken wildlife worth more than $350. The statutory fine runs up to $20,000 and the prison term up to five years, with the general fines statute lifting the fine ceiling to $250,000 for individuals.⁷² Civil penalties reach $10,000 per violation for anyone who should have known the wildlife was illegally taken.

Forfeiture is a real risk. All illegally taken wildlife is subject to seizure, and in felony cases the government can also take vehicles, boats, aircraft, and equipment used in the offense.⁸ Federal prosecutors have won sentences as long as two years in prison for selling golden eagle feathers under this statute.

State Charges Come On Top of Federal

Federal exposure is only part of the picture. Most states have their own wildlife protection statutes covering bald eagles, and a single killing can be prosecuted at both levels without raising a double-jeopardy problem. State penalties vary widely but commonly include fines of several thousand dollars, jail time, and long-term revocation of hunting and fishing licenses. Some states classify bald eagles as fully protected, which triggers their stiffest wildlife penalties regardless of the circumstances.

What Counts as Killing an Eagle

Federal regulations define “take” far more broadly than shooting. The term covers pursuing, shooting at, poisoning, wounding, capturing, trapping, collecting, and disturbing an eagle. “Disturb” means agitating a bird badly enough to cause injury, reduce its breeding success, or drive it to abandon its nest.⁹ You never have to touch the bird.

The protections also reach parts and remains. Possessing, selling, buying, or transporting feathers, talons, beaks, nests, or eggs is illegal without a permit.⁵ Picking up a single eagle feather found on the ground is a federal violation unless you hold the right permit.

Drones have become a growing enforcement issue. The Fish and Wildlife Service says there is no known safe distance to observe eagles or their nests by drone, and trailing or pacing an eagle in flight with a drone is illegal regardless of location or season. For ground-level activity near a nest, the Service recommends a 660-foot buffer during breeding season.¹⁰ When drone operation harasses an eagle, the full BGEPA penalty schedule is in play.

If You Killed or Found a Dead Eagle Accidentally

Accidents do happen. A car strike, a bird hitting a power line, an eagle tangled in agricultural netting. What you do next matters a great deal for which penalty track you end up on.

Contact the National Eagle Repository or turn the remains over to the nearest federal, tribal, or state wildlife agency. If you suspect the bird was killed illegally, or you find five or more dead birds at once, notify the Fish and Wildlife Service’s Office of Law Enforcement before touching anything.¹¹

If the eagle is sick or injured, you can legally pick it up without a permit for the sole purpose of transporting it to a licensed veterinarian or a federally permitted rehabilitator as quickly as possible. The vet must then transfer the bird to a federally permitted rehabilitator within 48 hours after hospitalization is no longer needed.¹² Keeping an injured eagle at home while you figure out what to do turns a good-faith rescue into a possession violation.

For a genuine accident where you behaved responsibly, the civil track is the more likely outcome. The Secretary has discretion to weigh your good faith and can reduce or waive the penalty. Criminal charges generally require proof you acted knowingly or with reckless disregard.⁴

How These Cases Usually Get Made

BGEPA includes a reward provision. Up to half of the criminal fine, capped at $2,500, goes to the person whose tip led to the conviction.⁴ In high-profile poaching cases, the Fish and Wildlife Service sometimes supplements that statutory reward with additional agency and partner funds. Most eagle-killing investigations begin this way, with someone who witnessed or heard about the killing reporting it.

1
U.S. Fish & Wildlife Service. Bald and Golden Eagle Protection Act
2
Office of the Law Revision Counsel. 18 U.S. Code 3571 – Sentence of Fine
3
Office of the Law Revision Counsel. 16 U.S. Code 668 – Bald and Golden Eagles
4
Office of the Law Revision Counsel. 16 U.S.C. 668 – Bald and Golden Eagles
5
U.S. Fish & Wildlife Service. Migratory Bird Treaty Act of 1918
6
Office of the Law Revision Counsel. 16 U.S. Code 707 – Violations and Penalties
7
Office of the Law Revision Counsel. 16 U.S. Code 3373 – Penalties and Sanctions
8
Office of the Law Revision Counsel. 16 U.S. Code 3374 – Forfeiture
9
GovInfo. 50 CFR 22.3 – Definitions
10
U.S. Fish & Wildlife Service. Keeping Bald Eagles and Other Wildlife Safe From Drones
11
eCFR. 50 CFR Part 21 Subpart B – Regulatory Authorizations for Migratory Birds
12
eCFR. 50 CFR 21.22 – Authorization for Licensed Veterinarians