GIBSON v. BABBITT

No. 99-13200.

223 F.3d 1256 (2000)

Harvey (Fire Bird) GIBSON, Plaintiff-Appellant, v. Bruce BABBITT, as Secretary of the United States Department of Interior, B.D. Ott, Area Director, as Acting Area Director of the Eastern Area Office of the Bureau of Indian Affairs, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 21, 2000.


Attorney(s) appearing for the Case

Arthur T. Schofield, James K. Green, P.A., David J. Sales, Searcy, Denney, Scarola, Barnhart & Shipley, P.A., West Palm Beach, FL, Robert S. Glazier, Law Office of Robert S. Glazier, Miami, FL, for Plaintiff-Appellant.

Kathryn E. Kovacs, Jared A. Goldstein, U.S. Dept. of Justice, Washington, DC, for Defendants-Appellees.

Before ANDERSON, Chief Judge, and DUBINA and SMITH, Circuit Judges.


PER CURIAM:

Harvey (Fire Bird) Gibson applied to the United States Fish and Wildlife Service for five bald or golden eagle feathers to use in religious ceremonies. Gibson's application was denied because he is not a member of a federally recognized Indian tribe, and thus did not qualify for the exemption to the Bald and Golden Eagle Protection Act ("BGEPA"), 16 U.S.C. § 668a (1994), which provides:

Whenever, after investigation, the Secretary of the...

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