Darcey Anaquod, a men's traditional dancer, wears scores of eagle feathers as part of his dance regalia. He received every feather in a sacred manner, allowing him to say he's never bought an eagle feather in his life.

"Two years ago, I had a shabby looking bustle," said Anaquod, a First Nations Muscowpetung Native who lives in Missoula, Mont. "My adopted brother honored me by giving me a bustle. He took pity on me."

But an ongoing federal investigation has found some people who are allegedly disrespecting the revered bird and violating laws intended to protect bald and golden eagles. The U.S. Fish and Wildlife Service's undercover operation is targeting people who are illegally buying, selling and receiving feathers.

"In other words, shot or trapped or illegally killed," said Paul Chang, a Pacific Northwest special agent with the Fish and Wildlife Service in Portland, Ore. "That is our main concern."

On March 12, federal agents arrested four men for killing birds and selling bald and golden eagle feathers and parts, as well as other protected birds, as part of a sweeping undercover investigation. The men, three from Washington and one from Oklahoma, were charged with violating the Bald and Golden Eagle Protection Act, the Migratory Bird Treat Act and the Lacey Act.

In an affidavit, undercover agents accused the men of selling eagle and hawk tails, as well as eagle wings and golden eagle fans on the Yakama Reservation. Federal agents arrested Ricky Sam Wahchumwah, of Granger, Wash.; Alfred L. Hawk Jr., of White Swan, Wash.; William Wahsise, also of White Swan; and Reginald Dale Akeen, also known as J.J. Lonelodge, of Anadarko, Okla.

Hawk and Wahsise allegedly hunted and killed three bald eagles by sitting near some wild horse bait used to attract eagles, according to a Fish and Wildlife news release. Hawk had a bald eagle tail, two golden eagle tails, one set of golden eagle wings, four red-shafted northern flicker tails, four rough-legged hawk tails, and two northern harrier tails, which he sold to a special agent for $3,000. Wahchumwah allegedly sold one golden eagle tail for $500.

Another complaint, filed in Oregon, alleges Akeen made several sales to an undercover agent, including two fans made from golden eagle feathers worth more than $3,000.

North Dakota probe

While Amercian Indians were arrested in Washington and Oklahoma, the undercover investigation is more expansive. Agents have canvassed at least three Fish and Wildlife Service regions, including the Pacific, Southwest and Mountain-Prairie, covering 16 states and U.S. Pacific Island territories.

"It's Native Americans and non-Native Americans," said Joan Jewett, a Fish and Wildlife Pacific Region spokeswoman. "We're not just focusing on the Native American community."

Rich Grosz, a Fish and Wildlife special agent in Bismarck, said he recently investigated a man near the Fort Berthold Reservation for possession of eagle feathers.

"They're busting non-tribals who possess eagle feathers off the reservation," said Gregory Brugh, Three Affiliated Tribes chief of police in New Town. "Fort Berthold is not being bothered at all."

Grosz said his work with "the Three Affiliated Tribes was completely independent of the undercover aspect." The agent said the wider investigation involved agents in multiple states, including Montana. He said he also assisted in the Yakama Reservation investigation.

"We'll let the judge, or the jury, ultimately decide where the culpability ultimately lies," he said.

Demand is high

Meanwhile, the demand for eagle feathers remains high in American Indian culture where they are used in ceremonies, powwows and the Native American Church.

"This investigation is not an indictment of culture," said Chang. "It is not an indictment on Native people. In fact, we encourage fellowship. We have a trust responsibility to Native people. There is no way the Service through this investigation is specifically targeting Native people or their powwows or gatherings. There were some activities we investigated and there were some things uncovered. If people are legal in possessing and practicing what they're doing, they're totally fine. They have nothing to worry about.

"If somebody brings you feathers and says, 'Pay me so much for these,' it's illegal."

Enrolled members of federally recognized tribes may obtain a permit from the Fish and Wildlife Service authorizing them to receive and possess eagle feathers from the federal repository in Denver. The permit application must include certification of tribal enrollment from the Bureau of Indian Affairs.

The law also states that American Indians may legally possess eagle feathers, including items passed down within a family or received as gifts from other Native people.

"I have a war bonnet given to me from a Hidatsa family," said Leon Old Elk-Stewart, a Crow who is also a traditional dancer. "It was given to me by one of the grandfathers; it's an older style war bonnet that I hold dearly. I will bring it out at certain times. I don't flash it around. I respect it. I'd be devastated if it was taken from me."

Fear not intended

A number of tribal citizens have been wondering if they are in danger of losing their eagle feathers in a federal raid, but Chang said the investigation is "not meant to strike fear" in people.

"Native Americans have the absolute right to have eagle feathers handed down to them from their ancestors, to enjoy that privilege as well as to obtain a permit from the eagle repository if they are lucky enough," said the special agent.

Additionally, people who work with feathers are protected by the law. "A person may charge for a skill that they have, such as to bead a fan or paint something that is not related to the killing or sale of the feathers themselves," said Chang.

Willow Jack, a Shoshone woman and jingle dress dancer from Idaho, said she knew people in Kansas whose home was raided by federal agents.

"I thought this was an isolated incident," Jack said. "But I'm getting calls from more powwow people and they're saying, 'Guess what just happened on our rez.' It's all happening in the same week. It's like, wow, this is one big huge sweep."

James Zion, an attorney now living in Albuquerque, N.M., said cattle ranchers are equally culpable in killing eagles, noting many have sought permits to kill the birds "because they were going after livestock."

Zion said it's common for the Fish and Wildlife Service to do an undercover operation every two to three years. In 1976, the attorney unsuccessfully defended a man from the Rocky Boy's Reservation in Montana for selling eagles to non-Native undercover agents.

Zion represented Charlie Top Sky - his son Lloyd Top Sky was convicted in a separate eagle-sale trial - in a case before the Ninth Circuit Court of Appeals.

Top Sky's "criminal prosecution centered on 'selling' eagle parts, which is not only not a part of the Indian religion, but the act of selling is deplored by the Indian religion," according to court records. Top Sky used the federal permit system for commercial gain, "obtaining all or part of 26 eagles from the Fish and Wildlife Service during the two-year period immediately preceding the transactions for which he was indicted."

"Charlie got convicted," said Zion. "If I remember right, he got a year's probation and a $75 fine."

Anyone convicted today of illegal sales of bald and golden eagles face a maximum penalty of two years imprisonment and a $250,000 fine.

"Some of the people who were arrested were involved in some activities of Native American fellowship and gatherings," said Chang. "I personally, as well, don't view them as part of the overall group. Sometimes in any situation, there are a few who may engage in activities that are questionable. Unfortunately, in this case, it seems to have made a lot of people concerned."

Eagle feather items typically carry personal significance for the owner.

Anaquod, who received his first eagle feather at age 7, has always been taught to handle eagle feathers in a sacred manner. He was surprised to learn of the Fish and Wildlife investigation.

"It's making my heart race," he said. "It's putting bad medicine on yourself. I try to do things the right way so nothing comes against me or my family."

(Reporter Jodi Rave can be reached at 800-366-7186 or jodi.rave@lee.net, or read her blog at www.buffalopost.net.)