Laws re Bird Feathers, Parts, etc. (& not JUST eagles!!!)

[CaliGal]

(I wrote this in another thread, but thought it might be helpful to add it here. Not "treasure" hunting related, per se, but being out in the field hunting, we've all come across the occassional cool feather, empty nest or other bird "relic"! Right?)

So, in the U.S. it's technically illegal to possess ANY native bird products at all! Feathers, eggs, nests, etc., unless you have a special scientific collecting permit from the U.S. Fish and Wildlife Service (or possibly from your state's wildlife agency). This is per the federal Migratory Bird Treaty Act of 1918. It was passed to help feds combat millinery trade destruction of bird colonies (especially egrets and other water fowl known for their striking plumage).

Eagle feathers (both bald eagles and golden eagles -- because juvenile goldens and balds are hard to tell apart), not to mention any other parts of course, are ALSO covered under a separate law, the Bald & Golden Eagle Protection Act.

So basically ALL birds except NON-native species are protected. Non-native species include: starlings, pigeons (aka rock doves, aka flying rats!), European house sparrows, etc. Certain other licensed game birds have special rules (e.g., turkeys, ducks, etc.) too for hunting.

As a former field biologist in Calif., I can tell you that in some places (such as So Cal, figures, right?) State and federal game wardens take such things VERY seriously. I once had a large collection of feathers picked up in the field over the years. I kept it at the field biology firm's office & we had a USFWS warden by to pick up some evidence for a legal case (bighorn sheep scat --- don't ask, long story). He saw the feathers & ended up confiscating them all cuz our scientific collector's license had been allowed to expire. (D'oh!) So, there you go.

Bottomline: the MBTA is rarely enforced, BUT if the State or feds are looking for something to pin on you, this law gives them a tool for doing so. Charges are more commonly filed under the Bald Eagle Act, that is, the agencies are MUCH more serious about eagle protection because of their protected status and iconic nature, but that only applies to eagle goods. The MBTA applies to ANY / ALL native birds -- and NOT just "endangered" or "threatened" species either!

So, now you know. Hope someone finds this useful....

 

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[Tom_in_CA]

I always love your posts Cali-gal !

When I was a kid, I used to pick up peacock feathers at a family friend's farm. They were so cool looking with that colorful eye shape design. But now, upon reading your post, I am stricken with grief! Where do I turn myself in ?

And to put this in perspective/comparison to md'ing: If you asked enough wild-life biologists: "Can I pick up the feather I found?" you would eventually find one to say "no", and to cite the VERY LAWS you are referring to. And then the aviary buffs can start forums lamenting their "lack of freedoms". And they too can do just as md'rs do, and perhaps "get permission" this way:

.... unless you have a special scientific collecting permit from the U.S. Fish and Wildlife Service .....

That would sort of be analogous to getting permission from city hall, hehe.

 

[Honest Samuel]

Does this mean if my cat, Tippy comes home with bird feathers in her mouth, that she could be arrested and sent off to a cat jail?

 

[austin]

I have had a hawk feather in my 1975 cowboy hat since 1975. Played in a band until 2005(weekends)in Austin and used to wear it at school when our teacher band played. Sorry...

 

[austin]

Does this mean if my cat, Tippy comes home with bird feathers in her mouth, that she could be arrested and sent off to a cat jail?

Yeah, and they send you along to change her litter. And if it's an eagle feather, she gets life and a new forever home...

 

[releventchair]

I'm checking my truck radiator today for evidence.

 

[cudamark]

How do they define "native"? Is it like humans where if you were born (hatched) here, you're a natural born native citizen?

 

[Carolina Tom]

Does this mean if my cat, Tippy comes home with bird feathers in her mouth, that she could be arrested and sent off to a cat jail?

Jinx is going to be in all sorts of trouble! Dang man.

 

[Honest Samuel]

Yeah, and they send you along to change her litter. And if it's an eagle feather, she gets life and a new forever home...

The good news is that Tippy poop does not smell, and Tippy and I will enjoy free room and board for life. I enjoy your joke.

 

[Clay Diggins]

Not all birds are covered under the law. Several species groups are not included and any non migratory bird is exempt. In addition to those there are 125 birds that are specifically listed as exempt.

Family Anatidae
Aix galericulata, Mandarin Duck
Alopochen aegyptiacus, Egyptian Goose
Anas hottentota, Hottentot Teal
Anas luzonica, Philippine Duck
Anser anser, Graylag Goose
Anser anser ‘domesticus', Domestic Goose
Anser cygnoides, Swan Goose
Anser indicus, Bar-headed Goose
Branta ruficollis, Red-breasted Goose
Callonetta leucophrys, Ringed Teal
Chenonetta jubata, Maned Duck
Coscoroba coscoroba, Coscoroba Swan
Cygnus atratus, Black Swan
Cygnus melanocoryphus, Black-necked Swan
Cygnus olor, Mute Swan*
Dendrocygna viduata, White-faced Whistling-Duck
Neochen jubata, Orinoco Goose
Netta peposaca, Rosy-billed Pochard
Netta rufina, Red-crested Pochard
Nettapus coromandelianus, Cotton Pygmy-goose
Tadorna ferruginea, Ruddy Shelduck
Tadorna tadorna, Common Shelduck


Family Pelecanidae
Pelecanus onocroatalis, Great White Pelican
Pelecanus rufescens, Pink-backed Pelican


Family Phalacrocoracidae
Phalacrocorax gaimardi, Red-legged Cormorant


Family Anhingidae
Anhinga melanogaster, Oriental Darter


Family Threskiornithidae
Platalea leucorodia, Eurasian Spoonbill
Threskiornis aethiopicus, Sacred Ibis

Family Ciconiidae
Ciconia abdimii, Abdim's Stork
Ciconia ciconia, White Stork
Ciconia episcopus, Woolly-necked Stork
Ephippiorhynchus asiaticus, Black-necked Stork

Family Cathartidae
Sarcoramphus papa, King Vulture

Family Phoenicopteridae
Phoenicopterus chilensis, Chilean Flamingo
Phoenicopterus minor, Lesser Flamingo

Family Accipitridae
Buteo polyosoma, Red-backed Hawk
Buteogallus urubitinga, Great Black-Hawk
Gyps sp., Griffon-type Old World vulture
Terathopius ecuadatus, Bateleur

Family Rallidae
Aramides cajanea, Gray-necked Wood-Rail

Family Gruiidae
Balearica pavonina, Black Crowned-Crane
Balearica regulorum, Gray Crowned-Crane
*12715 Grus antigone, Sarus Crane
Grus virgo, Demoiselle Crane

Family Charadriidae
Vanellus chilensis, Southern Lapwing
Vanellus spinosus, Spur-winged Lapwing

Family Laridae
Larus novaehollandiae, Silver Gull

Family Columbidae
Caloenas nicobarica, Nicobar Pigeon
Chalcophaps indica, Emerald Dove
Columba livia, Rock Pigeon*
Columba palumbus, Common Wood-Pigeon
Gallicolumba luzonica, Luzon Bleeding-heart
Geopelia cuneata, Diamond Dove
Geopelia humeralis, Bar-shouldered Dove
Geopelia striata, Zebra Dove*
Geophaps lophotes, Crested Pigeon
Geophaps plumifera, Spinifex Pigeon
Geophaps smithii, Partridge Pigeon
Leucosarcia melanoleuca, Wonga Pigeon
Phaps chalcoptera, Common Bronzewing
Starnoenas cyanocephala, Blue-headed Quail-Dove
Streptopelia bitorquata, Island Collared-Dove*
Streptopelia chinensis, Spotted Dove*
Streptopelia decaocto, Eurasian Collared-Dove*
Streptopelia risoria, Ringed Turtle-Dove*

Family Strigidae
Pulsatrix perspicillata, Spectacled Owl

Family Trochilidae
Anthracothorax nigricollis, Black-throated Mango

Family Corvidae
Callocitta colliei, Black-throated Magpie-Jay
Corvus albicollis, White-necked Raven
Corvus corone, Carrion Crow
Corvus nasicus, Cuban Crow
Corvus splendens, House Crow
Cyanocorax caeruleus, Azure Jay
Cyanocorax sanblasianus, San Blas Jay
Dendrocitta vagabunda, Rufous Treepie
Garrulus glandarius, Eurasian Jay
Pyrrhocorax pyrrhocorax, Red-billed Chough
Urocissa erythrorhyncha, Blue Magpie (=Red-billed Blue-Magpie)

Family Alaudidae
Alauda japonica, Japanese Skylark
Lullula arborea, Wood Lark
Melanocorypha calandra, Calandra Lark
Melanocorypha mongolica, Mongolian Lark

Family Paridae
Parus caeruleus, Blue Tit
Parus major, Great Tit
Parus varius, Varied Tit

Family Cinclidae
Cinclus cinclus, White-throated (=Eurasian) Dipper

Family Sylviidae
Cettia diphone, Japanese Bush-Warbler*
Sylvia atricapilla, Blackcap

Family Turdidae
Copsychus malbaricus, White-rumped Shama*
Copsychus saularis, Oriental Magpie-Robin
Erithacus rubecula, European Robin
Luscinia akahige, Japanese Robin
Luscinia komadori, Ryukyu Robin
Luscinia megarhynchos, Common (=European) Nightingale
Saxicoloides fulicata, Indian Robin
Turdus philomelos, Song Thrush
Turdus ruficollis, Dark-throated Thrush

Family Prunellidae
Prunella modularis, Hedge Accentor (=Dunnock)

Family Thraupidae
Piranga rubriceps, Red-hooded Tanager
Thraupis episcopus, Blue-gray Tanager
Cyanerpes cyaneus, Red-legged Honeycreeper

Family Emberizidae
Emberiza citrinella, Yellowhammer
Gubernatrix cristata, Yellow Cardinal
Loxigilla violacea, Greater Antillean Bullfinch
Melopyrrha nigra, Cuban Bullfinch
Paroaria capitata, Yellow-billed Cardinal*
Paroaria coronata, Red-crested Cardinal*
Paroaria dominicana, Red-cowled Cardinal
Paroaria gularis, Red-capped Cardinal
Sicalis flaveola, Saffron Finch*
Tiaris canora, Cuban Grassquit

Family Cardinalidae
Passerina leclacherii, Orange-breasted Bunting

Family Icteridae
Gymnostinops montezuma, Montezuma Oropendola
Icterus icterus, Troupial*
Icterus pectoralis, Spot-breasted Oriole*
Leistes (=Sturnella) militaris, Red-breasted Blackbird (=Greater Red-breasted Meadowlark)

Family Fringillidae
Carduelis cannabina, Eurasian Linnet
Carduelis carduelis, European Goldfinch
Carduelis chloris, European Greenfinch
Carduelis cucullata, Red Siskin*
Carduelis magellanica, Hooded Siskin
Loxia pysopsittacus, Parrot Crossbill
Serinus canaria, Island (=Common) Canary*
Serinus leucopygius, White-rumped Seedeater
Serinus mozambicus, Yellow-fronted Canary*

The MBTA also does not apply to many other bird species, including (1) nonnative species that have not been introduced into the U.S. or its territories, and (2) species (native or nonnative) that belong to the families not referred to in any of the four treaties underlying the MBTA. The second category includes the Tinamidae (tinamous), Cracidae (chachalacas), Phasianidae (grouse, ptarmigan, and turkeys), Odontophoridae (New World quail), Burhinidae (thick-knees), Glareolidae (pratincoles), Pteroclididae (sandgrouse), Psittacidae (parrots), Todidae (todies), Dicruridae (drongos), Meliphagidae (honeyeaters), Monarchidae (monarchs), Pycnonotidae (bulbuls), Sylviinae (Old World warblers, except as listed in Russian treaty), Muscicapidae (Old World flycatchers, except as listed in Russian treaty), Timaliidae (wrentits), Zosteropidae (white-eyes), Sturnidae (starlings, except as listed in Japanese treaty), Coerebidae (bananaquits), Drepanidinae (Hawaiian honeycreepers), Passeridae (Old World sparrows, including house or English sparrow), Ploceidae (weavers), and Estrildidae (estrildid finches), as well as numerous other families not represented in the United States or its territories.

 

[Honest Samuel]

That is a long list that I do not want to carry in my pocket.

 

[Clay Diggins]

That is a long list that I do not want to carry in my pocket.

Please feel free not to.

 

[kcm]

Looks to me like I'm "supposed" to get some sort of degree in birds, just so I can know whether or not I can keep a feather that I happen to find in my yard. Nope, sorry - that's as insane as....well, can't say it. Treasure Hunter wouldn't like it if I brought up politics!

Look, all sorts of birds fly all around us every day - even Bald Eagles. I have never had the opportunity to find an eagle feather, but if I did, I certainly wouldn't have harmed any living creature to get it. Other people shoot eagles (yes, even bald eagles) because....well, I really have no idea why. Just sorta assumed it was because maybe they had chickens or something. However, I've also seen owls hanging upside down in trees along the roadway. If anyone wants to go after those people, count me in!! But I cannot grasp the concept of finding a feather in the ground, that a bird lost naturally, and that I couldn't be allowed to pick it up and keep it. Like many other laws, this is a stupid law in that it over-reaches too much.

 

[fmerg]

you could always carry a law book with you

 

[Tom_in_CA]

...Looks to me like I'm "supposed" to get some sort of degree in birds, just so I can know whether or not I can keep a feather that I happen to find in my yard. .....

you could always carry a law book with you......

And most certainly you are supposed to carry feather identifying law book degrees with you guys ! Otherwise most certainly: There are commando feather official people waiting-in-hiding to swoop down and ticket you. Arrest you, confiscate your vehicle, etc..... Shame on you.

 

[cudamark]

I would bet that even those with a degree in ornithology would have trouble attributing some feathers to a specific bird without some sort of DNA type test. Sure obvious ones would be easy, like a peacock or pheasant, but, you find a plain black or brown feather? Just more BS rules imposed on us from pseudo-scientific purists that need to justify their existence.

 

[RustyGold]

Even native Americans have to get on a list to be able to use the feathers from the hawk or eagle.
With that, I may or may not have found hawk feathers in my yard that the Hawks may or may not have left for me as a gift after chasing a murder of crows from badgering and attacking an older hawk that has been visiting the pole in my yard
for years.
The Hawks I've named! The male is White Feather and his mate is Soaring Heart.
These laws protect us from the afore mentioned crows that will mistake you as prey if carrying around hawk feathers in your hat.

 

[kcm]

Oh, so THAT'S their rationale. Got it!

 

[Tom_in_CA]

... Just more BS rules imposed on us from pseudo-scientific purists that need to justify their existence.

And this is why this post is applicable to md'ing issues, when you think of it. Because, while the original intent is NOBLE (to protect our wonderful birds, and to protect our wonderful cultural heritage), yet you're right: Taken to some extreme degrees, can start to forbid someone from doing something TRULY innocuous and harmless. But to the eyes of the law-maker, they don't want any "camels-noses-in-tents". So they just make an over-arching rule.

And the connection to md'ing is this: That just as ANY ARMCHAIR READER can KNOW that he won't be in trouble for picking up a feather , SO TOO should we md'rs stop worrying ourselves silly on technical reading of some cultural heritage laws. Or quotes picked up in links by purist archies (who would be analogous to purist ornithologists) that we md'rs shudder in our boots and think that means we need to stay in our homes and can't emerge lest we have a red-carpet rolled out for us.

Yes use common sense and don't throw caution to the wind. But on the other hand, for some of the "because you asked" type answers that get bandied about: I think they're akin to the feathers-type laws.

 

[kcm]

Good points Tom.

For me, it's important to follow the law. But then, that's just me. That said, I have no intentions of following a law that places Universal Handcuffs on me from collecting, using or (Heaven forbid!) even selling naturally found items. True, I cannot trespass to get these items. I agree.

To many laws these days are over-reaching to the point of taking away Freedoms of everyday people. It has nothing to do with liberals vs. conservatives, or Dems vs. Reps. The ONLY thing it has to do with is us, The People, sitting by and allowing such insane and unreasonable laws to continue being made. If it continues, I see MDers as having to fight a corrupt system, much in the way that dredging and other prospecting has been outlawed in so many places. Rules? Yes. We need rules, and we all need to follow rules. But there IS a limit!