Backyard Chirper

Bird Myths: Picking Up a Bird Feather is Illegal

blue-jay-feather
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.

Bald Eagle 1  7x10Despite 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.

Timothy Martinez Jr. is a writer and freelance journalist. His work has been published in The Times-Picayune in New Orleans, Remapping Debate in New York City and other publications. He’s been a bird lover since he was young and currently lives in New Orleans, L.A.

189 Comments

  1. for picking up a bird feather?? your despicable to think that picking up a damn bird feather is so bad. If your related to Ted, I bet he has a different view.

  2. just because we pick up a feather out of the yard doesn’t mean we poached the bird. its pretty sad that a child can’t pick a pretty feather up out of the yard without being accused of shooting it. You too have the ‘right’ to be a moron that everyone is out to get the birds. Kids see a pretty feather and can’t pick it up because it’s illegal. This law needs to be changed, if you have one feather from a wild bird, you can be charged for poaching one?????? that is ridiculous. They cant tell the difference???? give me a break!!!!!!!!

  3. Dove feathers are not illegal to own. Native bird species are because of the way they were all hunted for fashion accessories during the first century of this country history. Most non native bird species have no laws around then it their feathers, but again that’s most so do your research. And yes explain to the girl the reasons for this. She might not be hurting the birds by picking up a feather but she could make other girls want feathers and eventually if the demand is high enough then bad people/poachers will start killing the birds so they can sell the feathers (legally or illegally). Explain to her that many sacred bird species to many Native American tribes are now extinct due to these reasons and that these native people are unable to use them for ceremonial reasons due to these extinctions, helping to break down and destroy cultures along with multiple species of bird. And tell her that even native people have no right to collect these feather any more than she does, they must be obtained through appropriate and legal cultural trade.

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