Feathers and Felonies:The Impact of U.S. Bird Laws on Modern Spirituality
Why is it illegal? Well, mostly because the Migratory Bird Treaty Act of 1918 says it is. This Act was created as a result of birds dying for decor. That's right--they were killed to spruce up Victorian wardrobes. Bird populations dwindled to become plumage on fancy hats. Other similar Acts were passed in the U.S. other countries, and laws pertaining to the treatment and handling of specific species were set from those. Keep in mind, this is just federal law on such; there are also state regulations that are quite stringent.
Many people also errantly assume that the law only pertains to wild birds. Not true. It also includes more common species, like mallards, crows, and varieties of finches. Check out a detailed list of feathers that are illegal in the Migratory Bird Treaty Act .
This is not to say that there aren't ways to work with feathers. Not all birds are illegal. For instance, the feathers of turkeys, peacocks, and chickens are legal. These are not only lovely to work with, they can also be painted to represent the markings of other bird feathers. Other birds are also legal if there is proof they were legally sourced , which means they came from a permitted handler. Also, Native Americans who are on respective roles may possess most feathers for religious purposes. Scientists and those who work with bird rehabilitation may also possess them, though within each of those groups there are exclusions that require permits. For instance, most laws stipulate that registered members of federally recognized tribes may posses feathers. This excludes Native Americans who are not registered on accepted roles, and state-recognized tribes.
Freedom of Belief Series
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Related side topic.
Great food for thought for birders and nature lovers in general...
Ethics of Birding and the Law of Birds
Ethics of Birding
Although some birds seen in cities are habituated, there are many that have rarely encountered a human being. Maintain a distance from wild birds. Stay on the trails and paths. By chasing birds through the underbrush or forest, you disturb them and, of course, crush the vegetation. You may deprive migrants, which are on a tight energy budget, of valuable time to find food, fatten up, and continue on their migration journey. For nesting birds, disturbance can cause them greater stress.
New York City Audubon encourages ethical birding behavior for the benefit of both birds and fellow bird watchers. Bird watchers and photographers should make every effort to reduce the disturbance their presence causes for birds, especially in areas visited by large numbers of people, like Central Park. In those areas especially, NYC Audubon recommends that observers refrain from leaving trails and avoid the use of recorded songs.
For more details on ethical birding behavior, click here for the American Birding Association's Code of Ethics. For current info on the pros and cons of playing recorded bird song to attract birds, click here
Legal Protection of Birds
Native birds are protected under the Migratory Bird Treaty , which prohibits the taking of nests, eggs, and feathers, except for scientific purposes. It also prohibits killing (except those species for which there are designated hunting seasons), harassing, or "adopting."
Taking in a young bird, which appears to be abandoned, is illegal. It is best to leave it alone since the parents may be close by and will continue to care for it. There are resources for helping some injured birds. Call our office at 212-691-7483 or click here for a listing of Animal Hospital and Rehab Centers.
by L. Hertzog
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Birds play a powerful role in the beliefs of American Indians. The Eagle was a symbol to us long before there was an America. The Thunderbird is the symbol of the Ojibwe Nation.
Right now I'm in Port Aransas Texas. One of the premier migratory paths for many species of birds.
The only known flock of wild Whooping Cranes nests here for the winter. They travel from the northern reaches of Canada every year. What an amazing sight, less than 750 of their huge birds are left in the world.
I wish I could see them. I've always heard of whooping cranes, but never seen one... They are beautiful, I'm told.
Kentucky is on the migratory route, especially in the extreme western part of the state, and we have several very large bird sanctuaries, where they can land and feed and rest for the remainder of their journey south. One of them was about 30 miles from my school at Murray. Every year, I went to the bird sanctuary for an afternoon, to sit still up under a tree, looking out at the "flats" along the confluence of the Mississippi and the Ohio river, and just see what there was... It was a very peaceful afternoon!
The MBTA, Endangered Species Act and Bald and Golden Eagle Protection Acts are super laws initiated to save/reduce the damage folks are/were doing to our feathered brothers and sisters.
Great news Larry. Thanks.