What Feathers Are Legal to Keep?: A Comprehensive Guide
Navigating the complex legal landscape surrounding feather ownership can be tricky. Generally, most feathers from common domestic birds are legal to keep, but strict federal laws protect feathers from native wild birds.
Introduction: The Allure and the Law of Feathers
Feathers, with their exquisite beauty and fascinating history, have long held a special place in human culture. From adornment to spiritual significance, they’ve been treasured objects for millennia. However, the legal framework governing feather possession in the United States is complex and often misunderstood. Driven by the Migratory Bird Treaty Act (MBTA) and other federal regulations, the restrictions on owning feathers from many native bird species are significant. This article will dissect the regulations concerning what feathers are legal to keep and help you understand the dos and don’ts of feather ownership.
The Migratory Bird Treaty Act (MBTA): A Cornerstone of Feather Law
The Migratory Bird Treaty Act of 1918 is the primary piece of legislation protecting migratory birds, their nests, and their eggs—including their feathers. This act makes it illegal to “pursue, hunt, take, capture, kill, attempt to take, capture, or kill, possess, offer for sale, sell, offer to barter, barter, offer to purchase, purchase, deliver for shipment, ship, export, import, cause to be shipped, exported, or imported, carry or cause to be carried, or receive for shipment, carriage, or export” any migratory bird, part, nest, or egg covered by the treaties. This sweeping prohibition extends to their feathers.
- Enacted in 1918.
- Protects over 1,000 species of migratory birds.
- Makes possession of feathers from protected species illegal without a permit.
Feathers That Are Generally Legal to Keep
Fortunately, not all feathers are off-limits. Understanding what feathers are legal to keep is crucial. Here are some common sources of feathers that are generally legal to possess:
- Domesticated Birds: Feathers from chickens, ducks, geese, turkeys (domestic breeds), and other domestic fowl are generally legal to keep, sell, or trade.
- Non-Native Birds: Feathers from birds that are not native to North America and are not protected by the MBTA may also be legal. Examples include pigeons (rock doves) and starlings.
- Lawfully Obtained Game Birds: If you legally hunted game birds like pheasant or quail during an open season, you can generally keep their feathers. However, local regulations may apply. Always check your local and state hunting regulations.
- Feathers Obtained Under Permit: It’s possible to obtain permits for specific purposes, such as educational or scientific research, which may allow the legal possession of certain protected feathers.
Feathers That Are Illegal to Keep: A High-Risk Category
It’s just as important to know what feathers are legal to keep as knowing what isn’t. Here’s a breakdown of feathers that are generally illegal to possess:
- Native Wild Birds: The feathers of most native wild birds in North America are protected by the MBTA. This includes songbirds, raptors (hawks, eagles, owls), waterfowl, and many shorebirds.
- Endangered and Threatened Species: Feathers from endangered or threatened species are strictly prohibited under the Endangered Species Act (ESA).
- Eagle Feathers: Eagle feathers (bald eagle and golden eagle) have special protections and can only be legally possessed by Native Americans enrolled in a federally recognized tribe for religious and cultural purposes.
- Found Feathers: Finding a feather on the ground does not automatically make it legal to keep. If the feather belongs to a protected species, possession is still illegal.
The Importance of Identification: Know Your Feathers
Being able to identify the bird species a feather came from is crucial in determining its legality. Numerous resources can help:
- Field Guides: Bird field guides often include sections on feather identification.
- Online Resources: Websites dedicated to bird identification often have feather identification tools.
- Experts: Contacting a local ornithologist or wildlife biologist can provide accurate identification.
Native American Exceptions: The Eagle Feather Law
The Eagle Feather Law (50 CFR 22) allows enrolled members of federally recognized Native American tribes to obtain eagle feathers for religious and cultural purposes. This law recognizes the deep spiritual connection many Native Americans have with eagles. The National Eagle Repository distributes eagle feathers to eligible individuals. It’s crucial to understand that this exception is strictly for enrolled members of federally recognized tribes and does not extend to the general public.
Consequences of Illegal Feather Possession
The penalties for violating feather laws can be severe, ranging from fines to imprisonment. Enforcement is typically carried out by the U.S. Fish and Wildlife Service. Ignorance of the law is not an excuse, so it’s vital to understand and adhere to these regulations.
Summary Table of Legal and Illegal Feathers
| Category | Feathers Legal to Keep (Generally) | Feathers Illegal to Keep (Generally) |
|---|---|---|
| ——————— | ———————————————————————————————————- | ————————————————————————————————— |
| Domesticated Birds | Chickens, ducks, geese, domestic turkeys | N/A |
| Non-Native Birds | Pigeons (rock doves), starlings | Varies depending on local and federal laws; check specific species |
| Game Birds | Pheasant, quail (lawfully hunted during open season, subject to local regulations) | Exceeding bag limits, hunting out of season, taking protected species |
| Native Wild Birds | N/A | Songbirds, raptors, waterfowl, shorebirds, endangered species |
| Eagle Feathers | Only by enrolled members of federally recognized Native American tribes for religious/cultural purposes | All others |
Common Mistakes in Feather Ownership
- Assuming Found Feathers are Legal: As stated, finding a feather doesn’t make it legal to keep.
- Misidentifying Feathers: Inaccurate identification can lead to unintentional violations.
- Ignoring Local Regulations: State and local laws may further restrict feather possession, even for species that are generally legal.
- Selling or Trading Protected Feathers: This is a direct violation of the MBTA and other laws.
Frequently Asked Questions About Feather Legality
What if I find a beautiful feather in my backyard? Is it legal to keep?
While the temptation might be strong, it is generally illegal to keep feathers from native wild birds, even if you find them. The MBTA protects most wild bird species, and possessing their feathers without a permit is a violation of federal law. Identification is key, but erring on the side of caution is always advised.
Is it legal to buy or sell feathers from chickens?
Yes, feathers from domesticated chickens are typically legal to buy and sell. Chickens are not protected under the MBTA, so their feathers are considered commercial products. However, ensure that the feathers are sourced from domestic breeds and not from wild or protected chicken species (if they exist).
What about feathers from exotic birds, like parrots or peacocks?
The legality of possessing feathers from exotic birds depends on the species and the source of the feathers. If the bird is not native to North America and not protected by any international treaties or U.S. laws, the feathers might be legal. However, always research the specific species and its conservation status before acquiring its feathers. Peacock feathers from domestic birds are generally acceptable.
Are shed feathers treated differently under the law than feathers taken from a dead bird?
The MBTA makes no distinction between shed feathers and feathers taken from a dead bird. The key factor is the species of origin. If the feather comes from a protected species, possession is illegal regardless of how it was obtained.
Can I get a permit to keep feathers from protected birds?
Permits to possess feathers from protected birds are rare and generally only issued for specific purposes, such as educational or scientific research, or for Native American religious use (eagle feathers). Applying for such a permit requires demonstrating a compelling need and ensuring proper handling and storage of the feathers.
What should I do if I accidentally find myself in possession of illegal feathers?
If you realize you possess feathers from a protected species, the best course of action is to contact your local U.S. Fish and Wildlife Service office or your state’s wildlife agency. They can advise you on how to properly dispose of the feathers without facing penalties.
Do these laws apply to feathers I find outside of the United States?
The MBTA primarily applies within the United States. However, importing feathers from protected species into the U.S. is also illegal under various international treaties and U.S. laws. It’s crucial to research the laws of both the country of origin and the U.S. before bringing any feathers across international borders.
Are there any exceptions for using feathers in art or crafts?
Generally, there are no exceptions for using feathers from protected species in art or crafts. The MBTA‘s broad prohibition extends to all forms of possession, including using feathers for decorative purposes. Always use legally obtained feathers from non-protected species for your artistic creations.
How can I tell if a feather is from a protected bird?
Identifying a feather accurately can be challenging but is crucial for compliance. Use field guides, online resources, and consult with bird experts. Pay attention to size, shape, color patterns, and geographical location where the feather was found.
Are feather boas legal?
The legality of feather boas depends on the feathers used in their construction. If the boa is made from feathers from domesticated birds like chickens or turkeys, it is generally legal. However, if it contains feathers from protected species, it is illegal to possess or sell.
What are the penalties for possessing illegal feathers?
The penalties for violating feather laws vary depending on the severity of the offense and the specific species involved. Fines can range from hundreds to thousands of dollars per violation, and in some cases, imprisonment may be imposed.
Where can I learn more about bird feather laws?
The best sources of information on bird feather laws are the U.S. Fish and Wildlife Service website and your state’s wildlife agency website. These resources provide detailed information about the MBTA, the Endangered Species Act, and other relevant regulations.