andrus allard argued october decided november eagle protection act makes unlawful take possess sell purchase barter offer sell purchase barter transport export import bald golden eagles part thereof proviso prohibition apply possession transportation eagles parts thereof taken prior effective date act similarly migratory bird treaty act makes unlawful engage activities respect migratory birds parts unless permitted regulations promulgated act appellant secretary interior promulgated regulations prohibiting commercial transactions parts birds legally killed came protection acts two appellees sold indian artifacts partly composed feathers currently protected birds prosecuted violations acts appellees engaged trade artifacts brought suit district declaratory injunctive relief alleging acts forbid sale appellees artifacts insofar constituent bird parts obtained prior effective dates acts acts regulations apply property violate fifth amendment district granted relief sought holding acts interpreted applicable legally obtained bird parts therefore regulations void unauthorized extensions acts violative appellees fifth amendment property rights held acts contemplate regulatory prohibition commerce parts protected birds without regard birds originally taken pp view exhaustive careful enumeration forbidden acts eagle protection act narrow limitation proviso possession transportation compels conclusion respect artifacts congress specifically declined except activities possession transportation general ban legislative history shows precise use terminology intentional moreover prohibition sale bird parts lawfully taken effective date federal protection fully consonant act purpose preventing evasion statutory prohibitions commercial gain pp migratory bird treaty act contains explicit exception possession transportation bird parts obtained federal protection became effective nevertheless text context purpose act support secretary interpretative regulations nothing act requires exception sale artifacts statutory exception implied act structure context also suggest congressional understanding regulatory authorities ban sale lawfully taken birds except otherwise expressly instructed act pp simple prohibition sale lawfully acquired property effect taking violation fifth amendment challenged regulations compel surrender artifacts question physical invasion restraint upon denial one traditional property right always amount taking fact regulations prevent profitable use appellees property dispositive since reduction value property necessarily equated taking pp brennan delivered opinion stewart white marshall blackmun powell rehnquist stevens joined burger concurred judgment harriet shapiro argued cause appellants briefs solicitor general mccree assistant attorney general moorman robert klarquist edward shawaker john akolt iii argued cause appellees brief john akolt justice brennan delivered opinion eagle protection act migratory bird treaty act conservation statutes designed prevent destruction certain species birds challenged case validity regulations promulgated appellant secretary interior prohibit commercial transactions parts birds legally killed birds came protection statutes regulations provide pertinent part cfr migratory birds parts nests eggs lawfully acquired prior effective date federal protection migratory bird treaty act may possessed transported without federal permit may imported exported purchased sold bartered offered purchase sale trade barter bald eagles alive dead parts nests eggs lawfully acquired prior june golden eagles alive dead parts nests eggs lawfully acquired prior october may possessed transported without federal permit may imported exported purchased sold traded bartered offered purchase sale trade barter convened pursuant ed held grave doubts whether two acts constitutional construed apply bird products acts interpreted applicable preexisting bird parts products therefrom app juris statement accordingly ruled interpretive regulations void unauthorized extensions migratory bird treaty act eagle protection act violative appellees fifth amendment property rights judgment entered declaring subject regulations invalid unenforceable appellees property rights feathers artifacts owned effective date subject statute enjoining appellants interference exercise rights including rights sale barter exchange noted probable jurisdiction reverse appellant secretary interior contends eagle protection migratory bird treaty acts contemplate regulatory prohibition commerce parts protected birds without regard birds originally taken appellees respond prohibition serves purpose arguing statutory protection wildlife furthered embargo upon traffic avian artifacts existed statutory safeguards came effect point departure statutory analysis language enactment see southeastern community college davis though may end words construing disputed statute one certainly begins frankfurter reflections reading statutes terms eagle protection act plainly must read appellant secretary argues sweepingly framed prohibition makes unlawful take possess sell purchase barter offer sell purchase barter transport export import protected birds congress expressly dealt problem bird products qualifying general prohibition proviso nothing herein shall construed prohibit possession transportation bald golden eagle parts taken prior effective date coverage act emphasis supplied view exhaustive careful enumeration forbidden acts narrow limitation proviso possession transportation compels conclusion respect artifacts congress specifically declined except activities possession transportation general statutory ban read exemption artifacts eagle protection act forced ignore ordinary meaning plain language tva hill question oversight drafting error throughout statute distinct concepts possession transportation taking sale purchase treated precision broad proscriptive provisions eagle protection act consistently framed encompass full catalog prohibited acts always including sale purchase see contrast exemptions created specifically limited possession transportation taking taking possession transportation ibid precise use terminology intentional clear legislative history explanatory letter department agriculture adopted senate report bill defines reach eagle protection act make unlawful take possess sell purchase transport otherwise deal bald eagle proviso effect apply possession transportation eagle taken prior effective date bill emphasis added prohibition sale bird parts lawfully taken effective date federal protection fully consonant purposes eagle protection act reasonable congress conclude possibility commercial gain presents special threat preservation eagles prospect creates powerful incentive evade statutory prohibitions taking birds take large volume birds legislative draftsmen might well view evasion serious danger sure means determine age bird feathers feathers recently taken easily passed obtained long ago appellees argue even age feathers ascertained still possible date indian artifacts feathers constituent thus contend goal preventing evasion statute achieved means less onerous general sales ban example requiring documentation appraisal feathered artifacts short answer legislation limited sale feathers part artifacts broadly addresses sale purchase feathers bird parts shape form prohibitions statute devised resist evasion whether sale feathers part datable artifacts sale separate undatable bird products moreover even alternative ways insure statutory evasion congress free choose method found efficacious convenient legislature authorized pass measures protection people exercise police power judge necessity expediency means adopted new york ex rel silz hesterberg fundamental prohibition migratory bird treaty act couched language expansive employed eagle protection act title provides nless except permitted regulations made hereinafter provided subchapter shall unlawful pursue hunt take capture kill attempt take capture kill possess offer sale sell offer barter barter offer purchase purchase deliver shipment ship export import cause shipped exported imported deliver transportation transport cause transported carry cause carried receive shipment transportation carriage export face comprehensive statutory prohibition naturally read forbidding transactions bird parts including compose artifacts doubt regulations may exempt transactions general ban nothing statute requires exception sale artifacts statutory exception implied congress wanted exemption statutory prohibition provided unmistakable terms cf structure context enactment extent enlighten also suggest congressional understanding regulatory authorities ban sale lawfully taken birds except otherwise expressly instructed statute congress assumed lawfully taken birds automatically sold act unnecessary specify permissible certain circumstances sell game birds lawfully bred farms preserves furthermore congress unaware traditional legislative tool enforcing conservation policy flat proscription sale wildlife without regard legality taking time number example simply prohibited restricted possession sale wildlife seasons closed hunting see new york ex rel silz hesterberg supra also congress canadian law implementing migratory bird treaty law contained provision barring purchase sale possession protected bird parts time capturing killing taking bird nest egg prohibited law cong rec emphasis added canadian sale ban congress aware thus applied illegally taken birds rather protected birds season hunting prohibited background absence statutory exemption avian artifacts implies migratory bird treaty act intended embrace traditional conservation technique banning transactions protected birds whenever taken related statutes may sometimes shed light upon previous enactment cf aluminum america hand conservation legislation enacted congress employed enforcement technique forbidding sale protected wildlife without respect lawfulness taking eagle protection act notable example recent endangered species act originally framed prohibited sale products parts endangered species without exception products legally held commercial purposes time act passage see kepler delbay pharmaceuticals department commerce supp dc see also pp discussing amendment endangered species act congress meant exempt lawfully taken items retroactive application statutory prohibitions taken care explicitly see marine mammal protection act endangered species act specifically amended statute purpose see stat amending endangered species act stat amending endangered species act contrast congress never established exception migratory bird treaty act even though amended statute several occasions therefore persuaded migratory bird treaty act empowers secretary interior bar commercial transactions covered bird parts spite fact parts lawfully taken onset federal protection see indication contrary follows secretary properly permit possession transportation sale purchase bird artifacts accordingly disagree district interpretation act inapplicable legally obtained bird parts ii also disagree district holding construed authorize prohibition commercial transactions avian artifacts eagle protection migratory bird treaty acts violate appellees fifth amendment property rights prohibition wholly deprives opportunity earn profit relics penn central transportation new york city recent exposition takings clause exposition need repeated length suffice say government regulation definition involves adjustment rights public good often adjustment curtails potential use economic exploitation private property require compensation circumstances effectively compel government regulate purchase government hardly go extent values incident property diminished without paying every change general law pennsylvania coal mahon see penn central supra takings clause therefore preserves governmental power regulate subject dictates justice fairness ibid see goldblatt hempstead abstract fixed point judicial intervention takings clause becomes appropriate formulas factors developed variety settings see penn central supra resolution case however ultimately calls much exercise judgment application logic regulations challenged compel surrender artifacts physical invasion restraint upon rather significant restriction imposed one means disposing artifacts denial one traditional property right always amount taking least owner possesses full bundle property rights destruction one strand bundle taking aggregate must viewed entirety compare penn central supra twin city power pennsylvania coal mahon supra virginia electric power see also michelman property utility fairness comments ethical foundations compensation law harv rev case crucial appellees retain rights possess transport property donate devise protected birds sure undeniable regulations prevent profitable use appellees property however dispositive review regulation reduction value property necessarily equated taking compare goldblatt hempstead supra hadacheck sebastian pennsylvania coal mahon supra instant case clear appellees unable derive economic benefit artifacts example might exhibit artifacts admissions charge rate loss future profits unaccompanied physical property restriction provides slender reed upon rest takings claim prediction profitability essentially matter reasoned speculation courts especially competent perform perhaps uncertainty interest anticipated gains traditionally viewed less compelling interests fuller perdue reliance interest contract damages pt yale regulations bar trade certain goods upheld claims unconstitutional taking example sustained regulations prohibiting sale alcoholic beverages despite fact individuals left previously acquired stocks everard breweries day involved federal statute forbade sale liquors manufactured passage statute claim taking violation fifth amendment tersely rejected similarly jacob ruppert caffey federal law extended domestic sales ban intoxicating nonintoxicating alcoholic beverages hand time passage act upheld justice brandeis dismissed takings challenge stating appropriation private property merely lessening value due permissible restriction imposed upon use see mugler kansas true appellees must bear costs regulations within limits burden borne secure advantage living business civilized community pennsylvania coal mahon supra brandeis dissenting hold simple prohibition sale lawfully acquired property case effect taking violation fifth amendment reversed footnotes whoever within place subject jurisdiction thereof without permitted provided subchapter shall knowingly wanton disregard consequences act take possess sell purchase barter offer sell purchase barter transport export import time manner bald eagle commonly known american eagle golden eagle alive dead part nest egg thereof foregoing eagles whoever violates permit regulation issued pursuant subchapter shall fined imprisoned one year provided nothing herein shall construed prohibit possession transportation bald eagle alive dead part nest egg thereof lawfully taken prior june nothing herein shall construed prohibit possession transportation golden eagle alive dead part nest egg thereof lawfully taken prior addition subchapter provisions relating preservation golden eagle unless except permitted regulations made hereinafter provided subchapter shall unlawful time means manner pursue hunt take capture kill attempt take capture kill possess offer sale sell offer barter barter offer purchase purchase deliver shipment ship export import cause shipped exported imported deliver transportation transport cause transported carry cause carried receive shipment transportation carriage export migratory bird part nest eggs bird product whether manufactured consists composed whole part bird part nest egg thereof included terms conventions great britain protection migratory birds concluded august stat mexican protection migratory birds game mammals concluded february government japan protection migratory birds birds danger extinction environment concluded march appellee douglas allard convicted fined violating eagle protection act establishes criminal penalties unpermitted eagle sales allard supp mont appellee pierre bovis prosecuted eagle protection act migratory bird treaty act provides criminal penalties unlawful sale migratory birds bovis nos appellees also alleged migratory bird treaty act regulations thereunder unconstitutionally vague involved improper delegation legislative power executive branch allegations passed district pressed therefore address secretary contends appellees constitutional claims insubstantial justify convention disagree see goosby osser hagans lavine exemption artifacts exemption takings necessary protect wildlife livestock agriculture predation exemption scientific zoological religious needs certain circumstances falconry congress extended eagle protection act cover golden well bald eagles stat penalties statute reinforced stat occasion especially latter purposes scheme bill considered sess sess regulations preventing sale artifacts force time preceding amendments see cfr cum supp cfr cfr although wording regulation may suggest otherwise cfr see affidavit alan brush app reading eagle protection act shaken fact alaska exempted strictures see stat amended stat fact eagles taken possessed sold purchased territory alaska way undercut general ban sales read alaska exemption license sell alaska eagles rest country vice versa also unpersuaded appellees argument eagle protection act apply feathers lost identities elements artifacts contention bottomed statutory use word bird part instead bird product distinction terms immaterial example congress amended migratory bird treaty act specify applied bird products well bird parts pub stat senate report indicated change clarification rather substantive change reach law migratory bird treaty act passed stat predates eagle protection act years originally legislation implementing migratory bird convention great britain behalf canada act implements similar treaties country nations see generally coggins patti resurrection expansion migratory bird treaty act rev bean evolution national wildlife law prohibition terms subject regulatory exception see also nothing subchapter shall construed prevent breeding migratory game birds farms preserves sale birds bred proper regulation purpose increasing food supply fact conference report accepting floor amendment became actually withdrawn order add language indicating lawfully bred birds sold see cong rec cong rec senate cong rec house britain entered treaty behalf canada canadian statute indicates might lawful excuse possessing selling birds season excuse congress specifically amended act establish limited sales exemption products animals lawfully owned commercial purposes act came effect pub stat amending amendment circumscribed scope merely authorized order secretary commerce grant exemptions animal products arguing position statute prevents sale illegally taken birds appellees rely upon language migratory bird convention japan incorporated migratory bird treaty act pub stat convention provides ny sale purchase exchange migratory birds eggs taken illegally alive dead sale purchase exchange products thereof parts shall prohibited emphasis added language convention like terms conventions carry great weight interpretation statute material variations particulars conventions see coggins patti supra bean supra therefore hazardous look single convention definitive resolution statutory construction problem furthermore inasmuch conventions represent binding international commitments establish minimum protections wildlife congress go developing domestic conservation measures see interpretation statute depart course construction adopted courts although appellees argue several courts determined lawfully taken birds may sold migratory bird treaty act read cases supporting appellees position two cited cases hamel per curiam blanket supp wd neither decide imply decision statutory question posed language favorable appellees aitson july merely dictum unpublished opinion contrast also richards marks sd tex hold impermissible punish sale birds taken migratory bird treaty act passed ruling rested upon view congress authority regulate birds must rest wholly upon treaty rather commerce power whatever logic ruling underlying assumption national commerce power reach migratory wildlife clearly flawed see hughes oklahoma thus two early district cases authored judge sustain statutory proposition advanced appellees fuld store mont informations migratory bird treaty act mont cases involved cursory inquiry statute find unconvincing indeed heightened restrictions sale purchase migratory bird parts appropriate light congressional recognition danger wildlife posed commercial exploitation amendments migratory bird treaty act specifically addressed problem stiffening penalties taking protected birds intent sell sale protected birds stat see sess sess although argument appears cast district terms economic substantive due process appellees used terminology takings clause secretary raised question appellees standing assert takings claim respect artifacts asserts appellees clearly stated acquired property interest bird artifacts sales ban came force secretary argues value artifacts purchased appellees effective date act already diminished applicability act brief appellants contention misplaced even assuming appellees sufficiently alleged possession standing urge constitutional claim regulation challenge restricts ability dispose property appellees personal concrete live interest controversy see baker carr timing acquisition artifacts relevant takings analysis appellees expectations erect jurisdictional obstacle threshold course standing assert takings claim merely employed selling artifacts owned others appellees however may face future criminal prosecutions violations statutes suffices give standing litigate interest construction statutes emphasized pennsylvania coal loss profit opportunity accompanied physical restriction removal coal significant statute considered everard breweries passed eighteenth prohibition amendment suggest amendment gave congress special prerogative override ordinary fifth amendment limitations although beverage owner jacob ruppert retained ability export product sell domestically purposes consumption see hamilton kentucky distilleries domestic sales ban undoubtedly commercially crippling importance attached fact enactment jacob ruppert promulgated pursuant war power cf central eureka mining appellees also briefly argue regulations case interfere right engage lawful occupation even inclined exhume variant theory substantive due process applicable appellees may still sell artifacts consist part protected bird products