You may have heard the urban legend. One day a guy is hiking along a trail and he spots a gorgeous-looking feather on the ground. He picks it up and carries it around in his hand, looking at it with wonder and curiosity. That’s when he’s arrested and fined $100,000 for possessing a feather illegally.
Sounds preposterous right?
Wrong. While the details of the urban legend may be exaggerated, it is in fact illegal to collect certain bird feathers thanks to the Migratory Bird Treaty Act of 1918.
The nearly 100-year-old act was put into place to protect birds that migrated between the United States and Canada because of a decline in bird populations. Hunting was fairly rampant because the fashion during that time featured hats adorned with bird feathers.
The treaty makes it unlawful to hunt, take, capture, kill, or sell migratory birds. The statute extends to any bird part, including feathers, eggs, and nests.
It seems harmless to pick up a nest or feathers you find on the ground, but it’s against the law because it’s difficult for enforcement officers to figure out whether it was obtained through ignominious or accidental means. So they put the burden on the carrier of the feather and took away the question.
More than 800 species are currently on the list, including the Bald Eagle, Black-capped Chickadee, Northern Cardinal, American Crow, Canada Goose, Mourning Dove, Barn Swallow, Cedar Waxwing, Barn Owl, and more. That means the feathers of all of these birds are forbidden.
An exemption to the act does exist, however. The Eagle Feather Law allows the collection of Golden Eagle and Bald Eagle feathers for religious purposes by Native Americans. In order to quality, individuals must have certifiable ancestry and be enrolled in a tribe.
Despite sounding a tad ridiculous these days, the roots of the law are sound and still serve a purpose.
You might also be asking yourself what about the bird feathers you see at stores.
Since certain species aren’t protected under the Migratory Bird Treaty Act, picking up and possessing their feathers is perfectly legal. That means nonnative species like House Sparrows and European Starlings aren’t covered, along with nonmigratory birds like turkeys, chickens, Mute Swans, quails, and the like.
So the next time you see a bird feather on the ground, you’d better be sure it’s from an invasive species or nonmigratory bird or leave it alone.
189 Comments
WRONG! Guns do nothing wrong. It is the person using the gun in an evil way that is a murder machine. Same as automobiles, knives, shovels, and any other inanimate object.
I understand why the law was inacted, but there needs to be an amendment to it, maybe something like possessing a certain amount or being a certain age to be able to keep them. It shouldn’t be illegal to pick up and keep a random feather you find on the ground. Most people who pick them up probably are children who are just curious or want a “treasure” from a fun time with family. The people who are going to kill the birds or steal nests and eggs are going to do it whether there is a law or not, they don’t care or they wouldn’t do it in the first place, just like anything else that is against the law…abuse to any living thing, robbery and murder. I know we have to have the laws so we can have punishments for such things, but some laws are too strict and some are not strict enough, but nothing is perfect. I’m just glad we have the freedoms and rights we do have.
Ok, so I’ve been reading all the different comments on here because I was looking for a way to help a friend understand he could get into trouble for having certain feathers. I’m one of the very few who can proudly say I am still blood Native American (Kanienkehaka, better known as “Mohawk”). I, myself have, use and wear sacred feathers such as Hawk & Owl and various others. The breath Eagle is NOT, nor was ever meant to be worn and flaunted. Being gifted an Eagle feather is a great honor. Whether you were gifted it to you by the Eagle his/herself or a tribal and/or family member. It is to be kept safe and secure at all times. On the VERY rare occasion you do pull it out, it’s a big deal. Usually for special ceremonies such as a wedding, somebody crossing over, a naming ceremony or a birth. NOT randomly waved about at public powwows and such as something to flaunt and be like “look what I got”. That’s EXTREMELY disrespectful to the Eagle and tradition. As for the legal aspect, yes, it IS enforced. I’ve seen it first hand at powwows, events and gatherings. Yes, REAL Natives are legally able to have various feather for our spiritual beliefs, ceremonies and purposes but even we still get stopped and given hell about it. I seen a person at a powwow with hawk featherS who was claiming to have been gifted the feathers get arrested because he had actually bought them illegally from an online vendor of some kind. I have seen another person who was CLAIMING to be Native get arrested and found out later she was also fined for having various feathers when not even Native. If we, as Natives find feathers on the ground, we take it as a gift and sign/message of some kind. We do a prayer and offer tobacco (or other sacred herb depending on tribe) on the spot and in some cases won’t touch the feather without and elder and/or a Medicine Persons prayer and approval. As non-Native people, I honestly have no issue with the picking up of NATURALLY fallen/shed feathers but I do strongly advise legal caution to protect yourself. The fines get VERY hefty. I do, however also suggest Native or non-Native people of all creeds to make an offer and prayer. That bird has given you a beautiful gift, a piece of itself and there’s a specific reason YOU were the one who found it. Think on that as you reach for that feather next time. Tobacco is the normal offering, as it’s a sacred herb to MOST (NOT all) Native tribes of the USA.