He clasps the crag with crooked hands;
Close to the sun in lonely lands, 
Ring'd with the azure world, he stands. 
The wrinkled sea beneath him crawls; 
He watches from his mountain walls, 
And like a thunderbolt he falls.

 Alfred Lord Tennyson 1851 

   Eagles are the epitome of flight. The grace with which they soar above the landscape and the speed of their predatory dives is captivating. The eagle has enchanted humanity for thousands of years. It has been a symbol of power, courage and conquest for scores of civilizations. Eagles were prominent in hieroglyphic writings of the ancient Egyptians and celebrated in mythology. 

   Perhaps more than anywhere though, the personification of the eagle is most evident in North American Indian cultures. While legend and belief vary geographically and between tribes, it is clear that the eagle holds a special significance to all native peoples. 

   The Thunderbird, esteemed by several nations, was named for the belief that the powerful wing beats caused winds to blow and thunder to roll. It was also considered the “war eagle”, its image adorned on battle shields as a means of protection. In some areas, tribal councils would award eagle feathers to warriors and chiefs for acts of bravery and valour. Only those persons were given the right to wear a feather. 

   To many Indians of the Northwest, the eagle is a symbol of wisdom and leadership. It is prominently featured in art and the feathers represent peace and friendship. Several cultures revere eagles as sacred. It was said that the Creator chose the eagle as his messenger because of its lofty soaring ability and acute vision. It was believed that the eagle carried the prayers of humans from earth to the world of the spirit where the Creator resides. 

   While some tribes captured and killed young eagles in ritualistic sacrifice, eagle populations likely remained stable through the centuries, at least until European settlers migrated to North America and new pressures commenced through the development of agricultural lands. Eagles were often shot as vermin and significant habitat issues ensued as human activities grew through the 20th Century. The greatest threat, particularly to bald eagles, was the widespread use of DDT and other pesticides after World War II. Focused management efforts across North America appear to have had a promising impact on populations. Bald eagles will soon be removed from the endangered species list in the United States. 

   In Alberta, the Fish and Wildlife Division currently classes eagles as a sensitive species not currently believed to be at risk, but still requiring special protection efforts because they are naturally rare and associated with deteriorating or vulnerable habitats. 

   Now, a new threat may be emerging and ironically, or perhaps sadly, it appears to be occurring under the cloak of native tradition and spirituality. The issue relates to the growing demand for the production of cultural costume pieces containing eagle parts. These items, once used to honour and embody the spirit of the eagle have for some individuals simply become a commodity. 

   Media coverage of the discovery of dozens of eagle carcasses on a British Columbia Indian Reserve has been extensive. The talons and primary feathers had been removed from the carcasses, which suggested an association with native ceremonial costumes and regalia. No one was more devastated or distraught than the elders of that community. The investigation is ongoing. 

   The discovery of the British Columbia birds coincided with the late January 2005 conclusion of two undercover investigations in Alberta that focused, for the most part, on the illegal trafficking of birds of prey. Operations Glyder and Chinook, launched in response to public complaints, aided in confirming existing intelligence that lucrative markets exist for ceremonial costumes. Costume makers are in need of eagle parts to meet the demands of native persons participating in Pow Wows and “fancy dance” competitions and for the escalating mannequin trade in parts of Europe and Asia. 

   On January 25, 2005, Fish and Wildlife officers executed five search warrants in several southern and central Alberta communities. Several hundred items of wildlife were seized. The majority of the items were native ceremonial or costume pieces containing bird of prey parts. Forensic and expert analysis was conducted to identify and quantify the species involved and to determine whether, in the case of feathers, the item was exuviate (naturally shed). Note: Currently, exuviated feathers are not considered to be wildlife and are exempt from possession and trafficking legislation. Due to the emerging issue, these provisions may require review. 

   Conservative estimates suggest that non-exuviate parts of 24 individual golden eagles and 37 individual bald eagles were contained in the seized exhibits. Additionally, parts from five owls, one osprey and 16 hawks were identified. A ferruginous hawk, which is classified as a species at risk in Alberta, was also contained in the exhibits. 

   Seven people have been charged with 41 counts under the Alberta Wildlife Act. The majority of the charges (28) relate to the alleged illegal hunting, possession or sale of eagles or eagle parts. Judicial proceedings for six individuals are currently ongoing in Cardston, Wetaskiwin and Pincher Creek provincial courts. 

   On May 31, 2005, the matters relating to a pawnshop business were resolved in Wetaskiwin provincial court. Dale Carl Ogilvie, 53, owner of Discount Pawn in that city, pleaded guilty to one count of selling bird of prey parts and to a second count of pos-sessing bird of prey parts for the purpose of trafficking. 

   Counsels for the Crown and defence negotiated a plea agreement and jointly recommended a monetary fine proposal to the presiding judge, Honourable K. L. Rostad. The court heard that Ogilvie was not an initial target of the investigation, nor was he named in any of the public complaints that initiated the undercover operation. Another person who was a listed target introduced him to the undercover officer. Through that contact the undercover officer was able to establish that Ogilvie was pawning native costume and art pieces containing bird of prey parts. The simple act of pawning a piece of wildlife is considered trafficking in Alberta. 

   The undercover officer had purchased from Ogilvie a bustle containing 36 eagle feathers for $690 and a complete eagle wing fan for three hundred dollars. Arrangements were then made for the undercover officer to return to the pawnshop business before opening hours to view and potentially buy numerous other feather work pieces. Instead, uniformed officers arrived with a search warrant and seized more than 200 items. These included parts from a minimum of 9 golden eagles and 21 bald eagles. 

   Counsel for the defence advised the court that his client had recently purchased the business and with the purchase came an existing inventory that included numerous pieces of native costume. He further stated that Ogilvie profited minimally and only operated illegally out of ignorance of the law. Ogilvie was of the belief that natives had extended rights and were entitled to possess wildlife, particularly ceremonial items containing feathers. Ogilvie thought it wrong to sell these pieces to a non-native because there may be a sacred attachment, but did so anyway. He now realizes what a big mistake that was. Counsel further made it clear to the court that Ogilvie did not kill any of the wildlife involved and that he should not be viewed as a commercial trafficker simply because he was clearing items out of his store. 

   Judge Rostad heard the details and commented on the fact that most trafficking cases relate to meat and animals and that this new focus on bird of prey parts is an evolving and relatively new field. He further stated that wildlife legislation is designed in an all-encompassing manner and that the potential $100,000 fine should send a message to judges and to the people that wildlife protection is an extremely important and significant area. 

   Judge Rostad accepted the sentencing submission and levied a $9,000 fine on each of the two charges. In addition to the $18,000 payment, Ogilvie was required to forfeit numerous pieces of traditional native ceremonial regalia containing wildlife parts and several firearms to the Crown. 

   The pawnshop was not the focus of either undercover investigation, but as the high fines would indicate, the judge accepted that the activities at the store played a significant role in the supply and demand chain of illegal trafficking. 

   Why are so many items being pawned in the first place? Who is pawning them? What is the origin of the feathers? Evidence has yet to be heard in the other cases related to Operations Glyder and Chinook. Those cases may shed more light on the evolving issue of eagle trafficking. Future articles on this topic will appear in this column and will outline parallel issues developing in the United States. 

Richard Servetnyk is a member
of the Alberta Game Warden 
Association in Edmonton.