FLAGSTAFF -- When the two Hopi priests went to Wupatki National Monument in late May looking for eaglets to slay during a religious ceremony, it didn't take Superintendent Sam Henderson long to say no.
"Let's just say we're not in the business of giving away our rare animals," Henderson said.
But the incident has drawn the attention of the upper levels of the U.S. Interior Department in what Park Service officials say is the first case of Native American religious rights pitted against the rights of the U.S. Park Service to protect its wildlife.
The Hopis plan to fight the decision handed down Thursday by Interior Secretary Bruce Babbitt, who upheld the Park
Service's decision to deny the Hopi priests their golden eagles.
This weekend, the Greasewood clan in the village of Hotevilla on Third Mesa planned to smother the birds at the conclusion
of Home Dance ceremonies.
Practitioners of the ancient Hopi religion believe that eagle spirits act as messengers to the world of their deities to inform them of tribal members' needs. The Hopis also use eagle feathers in a variety of ceremonies.
The Hopis will go to court, if necessary, for the right to gather eaglets, said Leigh Kuwanwisiwma, director of the Hopi Tribe's cultural preservation office.
"We're going to be very careful in exhausting all our administrative appeals, and the federal courts are another option," Kuwanwisiwma said.
Three years ago, a federal judge in Phoenix upheld the right of Hopi religious leaders to gather eaglets for ceremonies after 11 Hopis were arrested while searching for the birds on the neighboring Navajo Reservation.
Although eagles are protected by federal law, the U.S. Fish and Wildlife Service has granted an exemption to the Hopis for their summer ceremonies. Tribal priests also use red-tailed hawks in the ceremonies.
Kuwanwisiwma said religious leaders are permitted to gather up to 40 eaglets and hawks for the ceremonies but generally gather only 12 or 13. Kuwanwisiwma also said that Hopi priests have sought out eagles on Coconino National Forest and that the tribe has a "working agreement" with Kaibab National Forest for "Hopi religious use of the forest."
Tribal officials said the last place they expected to have problems was in Wupatki, where the Hopis' Anasazi ancestors built huge multistory housing blocks on the high-desert plains north of Flagstaff. The area was abandoned in the early 1200s, apparently during an extended drought.
Kuwanwisiwma said he and many other Hopis have gone to Wupatki repeatedly without incident to gather eagle feathers and to bring offerings to their ancient clans, including the sprinkling of corn pollen at family sites.
But taking live eagles is quite different, said Henderson, the Wupatki supervisor.
"I immediately contacted our field solicitor in Santa Fe and was told that we do not give out permits for wildlife collection," Henderson said.
The Hopi priests had both a U.S. Fish and Wildlife Service and Arizona Game and Fish permit to take the birds, Henderson said. But the permits also required the approval of the federal land managers before the birds could be captured.
It's doubtful, however, that there are even any eagles within the Wupatki boundaries, Henderson said.
"There are three old nests in a sink area near the Citadel ruin, but one of our specialists looked at it and other logical areas and said there was no evidence of any recent occupation," Henderson said. "One person reportedly said he saw a golden eagle soaring near the Visitors Center recently, but there's been no confirmation of that."
Regardless, the problems with the Park Service represent a big slap in the face to traditional Hopi people, said Amos Poocha, director of community services of the Bacavi community.
"The Home Dance is used to celebrate the harvest of our crops," Poocha said. "But the Park Service is not even allowing us to go home."
REPUBLIC, Mo. (AP) -- A tiny fish that became a cause celebre in this city within a landlocked state has continued reeling in national interest.
A federal court ruled this month that the Christian fish symbol - known as an ichthus -- had to be removed from the city's seal because it violated the constitutional separation of church and state.
But ever since the ichthus-bearing seal started coming down last week, the little fish seems to be more popular than ever.
"We've had a lot of people call from all over the country asking what we're going to do with this stuff," said City Administrator Dean P. Thompson as he stood in his office, cluttered with fish-adorned lapel pins, buttons, patches, business cards, stationery, a clock and other memorabilia.
The seal also adorned city trucks, signs, flags and letterheads.
"I had a guy call in who said, 'I'll give you $100 for the city limit sign,"' Thompson continued with a smile. "A guy from Georgia said he collects business cards. He said, 'Send me a card."'
Thompson said an Internet auction was a likely possibility, with proceeds going toward the estimated $20,000 needed to remove the seal from city property.
Most folks here couldn't help giggling a bit at the 15 minutes of fame the fish symbol brought this quiet little suburb located just west of Springfield.
"The fish died. You suppose they're going to have a fish fry?" quipped Milton King, commander at the local Veterans of Foreign Wars hall.
The fish -- a symbol of Christianity since the time of ancient Rome -- won out in a 1990 design contest to create a new city seal and flag for Republic, population 8,000.
The seal's designer, Marilyn Schexsnayder, said the intention of the simple design was for the fish to represent all religions, not just Christianity.
But Jean Webb, a practitioner of Wicca, or witchcraft, said when she moved to Republic in 1995 the symbol made her feel unwelcome. Last year, the Ozarks chapter of the American Civil Liberties Union sued on her behalf, seeking to have the ichthus removed.
The Board of Aldermen refused, and called on local residents to raise as much as $100,000 to defend the fish.
When a federal court ruled in the ACLU's favor July 9, the city backed down. Aldermen voted last week to can the fish, with Mayor Doug Boatright casting the tiebreaker in a 5-4 vote.
"It's nice to see that even in southwest Missouri, where the church you go to really does matter ... it's nice to see that the Constitution can still win out," said Ms. Webb, who has since moved from Republic.
"I'd say the mayor made the right move," barber John Parker said as he trimmed a customer's hair. "It's time to get over this and get on to something else."
"Most of us here don't think much of the ACLU," Parker added as a shop full of customers nodded their agreement. "But the city didn't have enough money to fight this, and they were going to have to dip into taxpayers' funds."
"I think it would have been fine to leave it on there," he said. "But if it was going to take a lot of tax money to do it, then it just wasn't worth it" Some even agreed with Ms. Webb.
"I'm for the separation of church and state," said Dallas Combs. "I don't think the government should get involved in anybody's religion."
In any case, King said, last week's court decision won't alter much but the signs at City Hall.
"It's not going to change this town any because that little logo is not on there," he said. "It's still a nice little town."
