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Bald Eagle: Symbol of American Strength & Freedom Explained

Discover why the bald eagle embodies U.S. freedom, its legal protections, cultural significance, and how it became the national emblem.

DRE
Criminal Defense Litigator
Peer Reviewed by Marcus Brody, JD
Published on July 28, 2026 at 10:01 PM 9 min read

The bald eagle is the official national bird and symbol of the United States, representing strength, freedom, and resilience. Designated as the national emblem in 1782, it appears on the Great Seal of the United States, currency, military insignia, and government buildings, reflecting its deep-rooted significance in American identity and values.


1. Executive Summary & Core Overview

The bald eagle (Haliaeetus leucocephalus) was chosen as the national symbol of the United States in 1782 by the Second Continental Congress. Its selection was not merely aesthetic—it embodied the ideals of independence, sovereignty, and enduring strength that the young nation sought to project. The eagle’s fierce gaze, powerful wings, and ability to soar at high altitudes made it a natural metaphor for a country breaking free from colonial rule and aspiring to greatness.

Legally protected under the Bald and Golden Eagle Protection Act (16 U.S.C. § 668–668d) and the Migratory Bird Treaty Act (16 U.S.C. § 703–712), the bald eagle is more than a cultural icon—it is a federally safeguarded species. Its recovery from near extinction in the 20th century stands as one of America’s most successful conservation stories, reinforcing its symbolic connection to national resilience.


2. Statutory & Regulatory Framework

Federal Designation & Legal Status

The bald eagle’s official status as the national emblem is rooted in resolution of the Continental Congress on June 20, 1782, which adopted the Great Seal of the United States. The seal, designed by Charles Thomson and William Barton, features a bald eagle with outstretched wings, clutching an olive branch in one talon and arrows in the other—symbolizing peace and war.

While no single federal statute explicitly declares the bald eagle the "national bird," its use on the Great Seal, currency, and federal insignia establishes its de facto status. However, its protection is codified in multiple federal laws:

LawYear EnactedKey Provisions
Bald and Golden Eagle Protection Act (BGEPA)1940 (amended 1962, 1972)Prohibits taking, possessing, selling, or transporting bald or golden eagles, their parts, nests, or eggs without a permit. Penalties include fines up to $250,000 and imprisonment.
Migratory Bird Treaty Act (MBTA)1918Protects all migratory birds, including bald eagles, from unauthorized hunting, capture, or harm. Enforced by the U.S. Fish and Wildlife Service (USFWS).
Endangered Species Act (ESA)1973Listed the bald eagle as "endangered" in 1978; delisted in 2007 after population recovery. Still protected under BGEPA and MBTA.
National Emblem Act (Proposed, not enacted)Multiple bills have been introduced (e.g., H.R. 431 in 2009) to formally designate the bald eagle as the national bird, but none have passed.

Enforcement & Oversight

The U.S. Fish and Wildlife Service (USFWS) is the primary federal agency responsible for enforcing eagle protection laws. The U.S. Department of the Interior oversees eagle permits for Native American religious use, scientific research, and falconry under 50 CFR Part 22.

State-Level Protections

While federal law supersedes state regulations, many states reinforce bald eagle protections:
  • California: Classified as a "fully protected species" under the California Fish and Game Code § 3511.
  • Alaska: Allows limited subsistence hunting by Alaska Natives under federal permits.
  • Florida: Designated the bald eagle as the state bird in 1970 (Florida Statutes § 15.031).

3. Step-by-Step: How the Bald Eagle Became the National Symbol

1. The Great Seal Debate (1776–1782)

  • 1776: The Continental Congress appoints a committee (Benjamin Franklin, Thomas Jefferson, John Adams) to design a national seal.
  • Franklin’s Opposition: Franklin famously preferred the wild turkey, calling the eagle "a bird of bad moral character" that steals food from other birds. He argued the turkey was "a much more respectable bird" and "a true original native of America."
  • Final Design: Charles Thomson, Secretary of Congress, combines elements from multiple submissions. The eagle is chosen for its majesty and association with Zeus in Greek mythology, symbolizing authority.

2. Adoption of the Great Seal (1782)

  • June 20, 1782: Congress adopts Thomson’s design, featuring:
    • A bald eagle with a shield on its breast (13 stripes for the colonies).
    • An olive branch (13 leaves) in the right talon (peace).
    • 13 arrows in the left talon (war).
    • A scroll in its beak with the motto "E Pluribus Unum" ("Out of many, one").
    • A constellation of 13 stars above its head.

3. Symbolic Evolution (19th–21st Century)

  • 1841: The bald eagle appears on the $10 gold coin (Liberty Head Eagle).
  • 1861: Used on Union Army buttons during the Civil War to symbolize national unity.
  • 1916: President Woodrow Wilson signs an executive order standardizing the Great Seal’s design.
  • 1960: The bald eagle is featured on the presidential seal and flag.
  • 2007: The USFWS delists the bald eagle from the Endangered Species Act after a 40-year recovery effort.

4. Common Pitfalls, Exceptions, & Penalties

Prohibited Actions Under Federal Law

  • Taking or killing a bald eagle (even accidentally, e.g., with a wind turbine or power line).
  • Possessing eagle feathers, talons, or nests without a permit.
  • Disturbing active nests during breeding season (typically October–July).
  • Selling or trading eagle parts, including artifacts made from feathers.

Exceptions & Permits

Permit TypePurposeIssuing AgencyRequirements
Eagle Exhibition PermitDisplay of live eagles for educationUSFWSFacility inspection, humane care standards
Native American Religious Use PermitUse of feathers in ceremoniesUSFWSTribal affiliation, non-commercial use
Scientific Collecting PermitResearch or conservationUSFWSDetailed study proposal, peer review
Falconry PermitUse of eagles in falconryUSFWSState falconry license, 2+ years experience

Penalties for Violations

  • Civil Penalties: Fines up to $5,000 per violation under the MBTA.
  • Criminal Penalties: Fines up to $250,000 and 2 years imprisonment under BGEPA for a first offense; $500,000 and 5 years for subsequent offenses.
  • Corporate Liability: Companies (e.g., energy firms, developers) can face $1 million+ in fines for eagle deaths caused by infrastructure.

Notable Cases

  • 2013: Duke Energy pleads guilty to killing 14 eagles with wind turbines; pays $1 million in fines.
  • 2016: A man in Iowa is sentenced to 6 months in prison for shooting a bald eagle.
  • 2020: A Florida man is fined $10,000 for selling eagle feathers online.

5. Frequently Asked Questions (FAQs)

### Why was the bald eagle chosen over the turkey?

The bald eagle was selected for its majesty, strength, and association with authority in European heraldry. While Benjamin Franklin preferred the turkey for its native status and "respectable" nature, the eagle’s global symbolism of power aligned better with America’s aspirations as a sovereign nation. The turkey, though practical, lacked the same gravitas.

### Is it illegal to own a bald eagle feather?

Yes. Under the Bald and Golden Eagle Protection Act, it is illegal to possess, sell, or transport bald eagle feathers, parts, or nests without a federal permit. Exceptions exist for Native American tribes with religious or cultural ties, who may obtain feathers through the National Eagle Repository (managed by the USFWS).

### How did the bald eagle almost go extinct?

The bald eagle population declined sharply in the 20th century due to:
  • DDT pesticide use (1940s–1970s), which thinned eggshells and reduced reproduction.
  • Habitat destruction from logging and urbanization.
  • Hunting and poisoning by farmers who viewed eagles as pests.
By 1963, only 417 nesting pairs remained in the contiguous U.S. The 1972 DDT ban and Endangered Species Act listing sparked a recovery, with populations rebounding to over 316,000 individuals today.

### What does the bald eagle symbolize on the Great Seal?

On the Great Seal, the bald eagle represents:
  • The olive branch (13 leaves): Peace and the 13 original colonies.
  • The arrows (13): War and the nation’s willingness to defend itself.
  • The shield (13 stripes): The states united under one federal government.
  • The constellation of 13 stars: A new nation taking its place among sovereign powers.

### Can I take a photo of a bald eagle nest?

Generally, no. Disturbing a bald eagle nest—even for photography—can violate the Bald and Golden Eagle Protection Act if it causes the birds to abandon the nest. The USFWS recommends maintaining a minimum distance of 330 feet (100 meters) from active nests. Drones are strictly prohibited near eagle habitats.

### Are there any states where bald eagles are not protected?

No. While Alaska allows subsistence hunting by Alaska Natives under federal permits, bald eagles are protected in all 50 states under federal law. No state permits recreational hunting or harm to eagles.

6. Practical Next Steps & Checklist

For Wildlife Enthusiasts & Photographers

  • Observe from a distance: Use binoculars or telephoto lenses; never approach nests.
  • Report violations: Contact the USFWS Tip Line (1-844-FWS-TIPS) or use the iNaturalist app to report injured eagles.
  • Support conservation: Donate to organizations like the American Eagle Foundation or National Audubon Society.

For Native American Tribes

  • Apply for feathers: Submit a request to the National Eagle Repository (USFWS Eagle Permits).
  • Cultural use permits: Work with tribal leaders to ensure compliance with 50 CFR Part 22.

For Developers & Energy Companies

  • Conduct eagle surveys: Hire a USFWS-approved biologist to assess potential impacts.
  • Apply for permits: If unavoidable harm is expected, seek an Eagle Take Permit from the USFWS.
  • Implement mitigation: Use deterrents (e.g., noise devices) or relocate nests with federal approval.

Official Contacts & Resources

ResourceContactWebsite
U.S. Fish and Wildlife Service1-800-344-WILDwww.fws.gov
National Eagle Repository303-287-2110www.fws.gov/eagle-repository
American Eagle Foundation865-429-0157www.eagles.org
Great Seal of the United StatesNational Archiveswww.archives.gov

Disclaimer: This article is for informational and educational purposes only. It does not constitute formal legal advice and does not establish an attorney-client relationship. For specific legal concerns regarding bald eagle protections, consult the U.S. Fish and Wildlife Service or a licensed attorney.

Key Statutory Takeaways

  • Contemporaneous written records are crucial for establishing statutory liability.
  • Filing deadlines (statute of limitations) apply strictly from the date of infraction.
  • Administrative remedies (EEOC/FEPA) must precede federal civil filings.
DRE

David Rodriguez, Esq.

Verified Author

Criminal Defense Litigator

Former Assistant District Attorney and active trial attorney specializing in constitutional motions, suppression hearings, and appellate criminal defense.

Mandatory Legal & Editorial DisclaimerThe content provided on Boney Family Lawyer is for educational and informational purposes only and does not constitute formal legal advice, representation, or an attorney-client relationship. State laws vary; consult a licensed attorney in your jurisdiction regarding specific legal issues.