John:
This is quite a topic, I find it confusing also-- and I’ll try to clarify. I need to have a disclaimer though. I am licensed attorney: licensed to practice law in Michigan and Federal Court. I don’t practice law -I farm full time-but I do help out farmers and folks dealing with State and Federal regulatory law when I have time. (Also I was in county prosecutor’s offices for a time and have had some practical experience doing some game law prosecutions)…… What I am writing is not legal advice.
Some excellent summary information on your question is at:
http://www.npwrc.usgs.gov/resource/birds/birdlaws/index.htm#violatehttp://www.npwrc.usgs.gov/about/faqs/birds/feathers.htmYou’ll see that the legal definition of “taking” includes even finding feathers, nests, eggs—and that even means molted feathers and drops. Exception: IF the taking is allowed under regulation.
My understanding is that you can possess feathers from your legally taken non-migratory game birds. The question specifically is if a person can possess feathers from migratory game birds that have been legally taken-again check the specifics of your state game laws. As I mentioned earlier-this is a strict liability law and possession is all that is needed for a citation—This gets to the sobering example Sadiejane shared—how would she prove the “soft feathers” were not from an owl? Or how does one “prove” specific feathers from non-migratory birds were legally obtained?Or worse, from species protected under the Migratory Bird Act?
Migratory is also defined legally. For example resident birds that are a migratory species are considered migratory. Each state has lists of protected species-and I listed earlier the only species I could find that can be legally taken without a permit—unless specified by an individual state.
It is very important to check your State’s game laws…typical state summaries will read like this involving resident waterfowl (for example):
Canada geese, like all native waterfowl in the United States, are protected by the Migratory Bird Treaty Act. Under these laws, it is illegal to hunt, kill, sell, purchase, or possess migratory birds or their parts (feathers, nests, eggs, etc.) except as permitted by regulations adopted by the Secretary of the Interior, USFWS (U. S. Fish and Wildlife Service) and the Maryland DNR (Department of Natural Resources. In Maryland, management responsibility for Canada geese is shared by the USFWS, USDA (U.S. Department of Agriculture), and the Maryland DNR. Special permits are required for some of the control methods discussed here.
Like everyone else here-I’m concerned about this topic. Regulatory laws often defy common sense....... I think it is important to be aware and again reference the excellent comments made by others earlier; from their practical experience- if I get some time I can do more complete research on this topic if anyone is interested. Where would that get posted?
?
Thanks,
Ron