Legality of using wild bird feathers

[Roland58 0]

Hi All,

I know (or think) there are some laws against using feathers from certain birds, i.e. Bald Eagles, but how do I find out about others? I found a freshly dead Thrush in my front yard and figured I would help myself to some feathers it was no longer using. Other than being kinda gross, is there anything legally wrong with doing this? (I did get some great looking patterned feathers) I can't recall ever seeing the "feather police" anytime I have been fishing.

[tidewaterfly 0]

Roland, yes there are laws that protect wild birds & animals, some to the point that possession of any part, including feathers is illegal.

 

Generally, game birds & domestic barn yard birds are legal for tying purposes. That would be any that would have open hunting seasons for the wild birds.

 

Song birds, raptors, endangered, etc., anything protected against any possession can get you in serious legal trouble if it gets found out. Chances are, finding a few feathers & tying flies with them won't unless you blab it all over the internet. For your personal use & not telling anyone, probably never an issue.

 

Migratory birds, like ducks & geese, even those that can be hunted legally can also have the potential to cause legal problems, because possession out of season is illegal except for fishing lure/fly tying purposes, so accurate documentation of where & when is necessary.

 

No, you won't likely see the "Feather Police", but if you happen to have tied a fly with a easily recognizable feather, and a state DNR or Federal Fish & Wildlife Officer stops you for a routine check & they see it, and they suspect it's illegal, sometimes that would be all it would take to start the legal process against you.

 

Just an example, the Northern Flicker, also known as the Yellow Hammer Woodpecker was a popular bird for tying a trout fly called the Yellow Hammer in the South East. It's protected now. It's feathers are easy to recognize. Should you find them and tie flies with them, most DNR Officers would likely be aware of the protected status & would likely recognize the feathers. Not worth taking the chance IMO.

 

There have been some past discussions about this so a search should find past threads. IMO it's best to stay away from anything you may have doubts about.

[Dave G. 0]

I don't use road kill because the list of OK stuff is about 3 kinds of birds apposed to thousands of not ok. I just don't need the mess in my life all the way around. The way the environmental police have gotten in this state, who knows what the next target mark is, these guys are all about justifying their existence.

[RickZieger 0]

Contact your local game warden. They can help a lot.

Coot are legal to hunt, but not sell the feathers as they have feet like flamingoes.

 

Rick

[Roland58 0]

Thank you, gentlemen,

It appears that I will be using only the feathers purchased at a shop or the internet. I am, however, going to use what I salvaged from the carcass in my yard since I already have them. At 70 years old I will simply shake my cane threateningly at the judge and plead for mercy.

[flytire 0]

protected bird list

 

https://www.fws.gov/birds/management/managed-species/migratory-bird-treaty-act-protected-species.php

 

migratory bird treaty act

 

https://www.fws.gov/birds/policies-and-regulations/laws-legislations/migratory-bird-treaty-act.php

 

i find discarded feathers on the ground below the bird feeder and just go over them with the mower. too damn small for fly tying

[FIN-ITE 34 0]

On the bright side, you can take and possess all the European Starlings and House Sparrows that you want (in the USA).

[Swamp Fly 0]

For controlled wildlife the basic rule that I live by is if there is an official hunting season in my state/area then having feathers in my area is fine. If not, I don't want any part of it. The reason I say in my area is that there are animals which are legal to hunt in one part of the country but not in another. Sandhill Cranes are a good example. The last time I checked you could hunt them in Texas, but not here in Florida. Now even if I were to acquire feathers from Texas, if FWC stopped me and suspected Sandhill Crane feathers they could confiscate my fishing gear and possibly my boat, car, trailer etc. (all gear used the illegal activity) until a DNA test could be done to prove which population of birds those feathers came from. The labs are backed up as it is so who knows how long that could take. Absolutely not worth the hassle. These days, unless you are tying historically accurate patterns finding a substitution that the fish will buy into is easy enough. To use Tidewaters example, a trimmed yellow chicken hackle will fool fish all day long, been there done that. If you just have to tie a fly with an original ingredient I'm sure you can get the right permits or buy documented old stock depending on what it is. But you better have those papers handy and you could still get all of your things (as in all of your tying gear) confiscated until everything is sorted out. BTW don't count on any particular LEO, even wildlife enforcement, to be able to tell the difference or know the law for something that specific (I'm not throwing rocks). If they wonder, they will probably decide to let the courts figure it out. I don't even want to think about what happens if the Feds get involved.

[Trampus 0]

My experience has taught me that it in most cases, no one would even notice unless you offered them for sale. In Florida for example the law prohibiting people from having migratory bird feathers or any other part of protected wildlife is a misdemeanor, and violators can be fined up to $500 or be sentenced to as much as 60 days in jail. But in Ontario Canada all you need to do is register that you found a roadkill and this includes Bald Eagles to Moose. In reality, Most game wardens would only look at the barb of your hook to be sure it was barbless if you were fishing in restricted waters and wouldn't know a Bald Eagle Feather from Pheasant feather since there would only be a minute piece of the feather to identify anyway. I found several Red Tail Hawk feathers in the snow plow of my locomotive at work and plan on using them one day for flies and I have no fear of having Green Peace knocking down my door and dragging me off to prison. Besides, we are guaranteed a trial by our peers so I want a jury of 12 Fly Fishermen :-)

[mikechell 0]

If you find them ... use them ... just don't go "advertising" it.

 

Understand that the laws protecting birds and animals ... preventing you from "owning" any part of said protected species ... is there to actually protect the SPECIES.

 

Finding and using feathers isn't really the problem. The problem is with humans, and their propensity to "take a mile" when you "give them an inch".

 

Assume they said, "Yes, you can keep and use any feathers you find on the ground".

For every honest person collecting feathers from the ground, there'd be 5 others that would shoot a bird, then swear they found the feathers on the ground (which wouldn't be a lie, since the bird had fallen there).

I have a very dim view of human nature ... we tend to use up every thing we come in contact with. Thus the laws as they stand.

 

All that being said ... synthetics and harvestable animal furs and feathers are excellent. There is NO reason to NEED rare species parts to complete ANY fly these days.

And yet the argument continues with the rationale, "If I don't use it, someone else will."

Human beings suck ... that's all there is to it.

[JSzymczyk 0]

If you find them ... just don't go "advertising" it.

look at most flies and 99.9% of people would not be able to say with any certainty what kind of bird the feathers came from. Show me a fisheries enforcement agency

which would spend the resources to prove beyond a reasonable doubt that your fly is tied using a feather from a songbird you found dead in your yard versus a dyed chicken

feather or something else you bought at a shop... realistically it's just not going to happen, and nobody is going to care. WITH THAT SAID, I DO NOT EVER USE ANY FEATHERS

I HAVE NOT PURCHASED AT A SHOP OR FEATHERS FROM GAME BIRDS I HAVE LEGALLY KILLED MYSELF. NEITHER SHOULD YOU, NOR ANYONE ELSE.

 

Finding and using feathers isn't really the problem. The problem is with humans, and their propensity to "take a mile" when you "give them an inch".

 

Assume they said, "Yes, you can keep and use any feathers you find on the ground".

For every honest person collecting feathers from the ground, there'd be 5 others that would shoot a bird, then swear they found the feathers on the ground (which wouldn't be a lie, since the bird had fallen there).

Mike, while I somewhat agree with your view of humanity, I might even take it a step further and say I think the ratio is opposite--- the five other people are likely to be

too f*ing lazy to shoot a bird and pluck a few feathers. It's too much bother- at least in today's world, in the USA. Not to mention that the days of someone

going outside with an air rifle or (heaven forbid) a 22 or shotgun in most places is pretty much over- without paranoid idiots calling law enforcement.

[zip 0]

I've spoken to the game warden before and scored some amazing stuff.A lot of stuff they claim from poaching,roadkill etc. just sits in an evidence freezer until the case is closed.I hit up the taxidermist too!They always have scraps

[Senecalaker 0]

My neighbors cat stalks the birdfeeder in our backyard. He always leaves a few feathers behind from his kills.

[Cold 0]

My neighbors cat stalks the birdfeeder in our backyard. He always leaves a few feathers behind from his kills.

Sounds like a great opportunity to source some cat zonkers...

[Senecalaker 0]

 

My neighbors cat stalks the birdfeeder in our backyard. He always leaves a few feathers behind from his kills.

Sounds like a great opportunity to source some cat zonkers...

 

It has been considered