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Migratory Bird Treaty Act - 1918:

“The MBTA was determined to put an end to the commercial trade in birds and their feathers that, by the early years of the 20th century, had wreaked havoc on the populations of many native bird species.” The MBTA prohibits take of raptors, songbirds and waterfowl in North America, but does allow take of certain waterfowl and other migratory bird species during legal hunting seasons. Feathers of lawfully taken, wild migratory birds (ducks, geese, snipe etc.) may be used for fly tying but not sold.

 

Marine Mammal Protection Act - 1972:

Southern fur seals and polar bears are protected under CITES; however, northern species of fur seals are not. Both seals and polar bears are legally harvested in parts of the world, making their furs commercially and legally available in some countries for use in fly tying. The MMPA, however, prohibits the purchase, sale, import and export of seals, polar bears and their parts in the United States. The possession of seal and polar bear furs is not legal in the US, unless of a pre-1972 source.

 

 

Endangered Species Act - 1973:

The ESA protects endangered and threatened species from take and harm in the US, other than for scientific, educational and conservation purposes. These species generally cannot be used for fly tying.

 

State Laws:

State laws generally allow the take, possession and sale of game bird and mammal parts (i.e. deer, muskrat, pheasant and other gallinaceous birds) when taken by lawful means, such as during established hunting and trapping seasons. Wild migratory waterfowl and other migratory game birds taken during established hunting seasons may be possessed and used for fly tying, but are prohibited from sale. Migratory waterfowl and other migratory game birds that are raised on permitted game farms or raised as domestic poultry (i.e. mallards) may be sold commercially. Exotic birds that are not listed as endangered or threatened or protected as migratory birds, but are considered as pets and/or livestock (i.e. peacock, parrots, ostriches etc.) may be possessed and sold. Bird species such as starlings, English sparrows and some corvids are considered pest species and are not protected.

 

CITES - 1975:

The Convention on International Trade in Endangered Species (CITES) is an agreement that 151 countries have entered into as parties, to protect many species of animals and plants to ensure that commercial demands do not threaten their survival in the wild. It regulates trade in listed species and hybrids, including parts and products, through a system of permits. Commercial export and re-export of grey jungle fowl and exotic pheasant species are regulated through permits issued under this agreement. Re-export permits are required for transporting imported CITES protected animal parts across international borders.

 

Lacy Act – 1900:

The Lacy Act prohibited game taken illegally in one state to be shipped across state boundaries contrary to the laws of the state where taken. This law has become a very effective tool for enforcing laws of individual states and the federal government. However, it was relatively ineffective during the early 20th century in stopping interstate shipments, largely due to huge profits enjoyed by market hunters and lack of officers to enforce the law. These early failures eventually lead to passage of the MBTA.

Recommendations:

1. Purchase all fly tying materials only from established commercial dealers within the United States.

2. Do not transport CITES protected animal parts across international borders without proper re-export permits, and do not purchase CITES protected animal parts from foreign dealers or individuals without such purchases being accompanied with proper export permits.

3. Do not purchase, sell, export, import or possess marine mammal furs unless of a pre-1972 origin.

4. Document origin of pre-1972 marine mammal materials you may possess with a notarized affidavit.

 

Hope this helps, it is a guide by Tom Logan 2004 West Yellowstone, to be safe, as I stated 99% of fly tiers are not concerned with this. Never saw a game warden or fish and wildlife service officer search individual fly tiers. But I have been searched crossing the Canada / US border by customs they just went through my tying boxes not fly boxes and not a detailed search. They asked if I had polar bear or seal, both are available in Canada. They did look at a few of my bird skins but they where ringneck, silver, and a gold pheasant and hackle necks.

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

and non protected by MBTA https://www.federalregister.gov/documents/2005/01/04/05-55/draft-list-of-bird-species-to-which-the-migratory-bird-treaty-act-does-not-apply (examples: starling, grouse, Eurasian Dove, pheasant etc)

CITES animals can be moved about within the national boundaries with no permits, state to state or territory, it only applies to international transport or shipping, two I'm familiar with being bobcat and river otter

fwiw the Lacy Act is still being used regularly to deal with poaching

I've read that Marine Mammal Protection Act impacted the income of some Canadians and that they would like modified.

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ZERO or NEGATIVE population growth, it's the only way to be sure.

I read recently that most European and Asian countries are in decline. Not sure I believe that. Sorry, way off topic. I believe I am going to read the book. The NPR piece on it was good.

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Migratory Bird Treaty Act - 1918:

 

“The MBTA was determined to put an end to the commercial trade in birds and their feathers that, by the early years of the 20th century, had wreaked havoc on the populations of many native bird species.” The MBTA prohibits take of raptors, songbirds and waterfowl in North America, but does allow take of certain waterfowl and other migratory bird species during legal hunting seasons. Feathers of lawfully taken, wild migratory birds (ducks, geese, snipe etc.) may be used for fly tying but not sold.

 

Marine Mammal Protection Act - 1972:

 

Southern fur seals and polar bears are protected under CITES; however, northern species of fur seals are not. Both seals and polar bears are legally harvested in parts of the world, making their furs commercially and legally available in some countries for use in fly tying. The MMPA, however, prohibits the purchase, sale, import and export of seals, polar bears and their parts in the United States. The possession of seal and polar bear furs is not legal in the US, unless of a pre-1972 source.

 

 

Endangered Species Act - 1973:

 

The ESA protects endangered and threatened species from take and harm in the US, other than for scientific, educational and conservation purposes. These species generally cannot be used for fly tying.

 

State Laws:

 

State laws generally allow the take, possession and sale of game bird and mammal parts (i.e. deer, muskrat, pheasant and other gallinaceous birds) when taken by lawful means, such as during established hunting and trapping seasons. Wild migratory waterfowl and other migratory game birds taken during established hunting seasons may be possessed and used for fly tying, but are prohibited from sale. Migratory waterfowl and other migratory game birds that are raised on permitted game farms or raised as domestic poultry (i.e. mallards) may be sold commercially. Exotic birds that are not listed as endangered or threatened or protected as migratory birds, but are considered as pets and/or livestock (i.e. peacock, parrots, ostriches etc.) may be possessed and sold. Bird species such as starlings, English sparrows and some corvids are considered pest species and are not protected.

 

CITES - 1975:

 

The Convention on International Trade in Endangered Species (CITES) is an agreement that 151 countries have entered into as parties, to protect many species of animals and plants to ensure that commercial demands do not threaten their survival in the wild. It regulates trade in listed species and hybrids, including parts and products, through a system of permits. Commercial export and re-export of grey jungle fowl and exotic pheasant species are regulated through permits issued under this agreement. Re-export permits are required for transporting imported CITES protected animal parts across international borders.

 

Lacy Act – 1900:

 

The Lacy Act prohibited game taken illegally in one state to be shipped across state boundaries contrary to the laws of the state where taken. This law has become a very effective tool for enforcing laws of individual states and the federal government. However, it was relatively ineffective during the early 20th century in stopping interstate shipments, largely due to huge profits enjoyed by market hunters and lack of officers to enforce the law. These early failures eventually lead to passage of the MBTA.

 

Recommendations:

 

1. Purchase all fly tying materials only from established commercial dealers within the United States.

 

2. Do not transport CITES protected animal parts across international borders without proper re-export permits, and do not purchase CITES protected animal parts from foreign dealers or individuals without such purchases being accompanied with proper export permits.

 

3. Do not purchase, sell, export, import or possess marine mammal furs unless of a pre-1972 origin.

 

4. Document origin of pre-1972 marine mammal materials you may possess with a notarized affidavit.

 

Hope this helps, it is a guide by Tom Logan 2004 West Yellowstone, to be safe, as I stated 99% of fly tiers are not concerned with this. Never saw a game warden or fish and wildlife service officer search individual fly tiers. But I have been searched crossing the Canada / US border by customs they just went through my tying boxes not fly boxes and not a detailed search. They asked if I had polar bear or seal, both are available in Canada. They did look at a few of my bird skins but they where ringneck, silver, and a gold pheasant and hackle necks.

 

Thanks for this information. I sometimes tie with found feathers. I want to get some legal polar bear to see what all of the fuss is about.

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Reminds me of a joke:

A man was stopped by a game warden for shooting Seagulls on a beach. The game warden told him it was illegal to shoot Seagulls. He said"I am just trying to feed my family" Game warden asks, "what do they taste like, anyway?" Man says "Like a Spotted owl, with a little bit of a fishy taste."

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The beautiful lovely Anna gave The Feather Thief to me as a holiday gift (with my suggestion, of course). I found the first part of the book to be very interesting in that Johnson describes the expeditions of Alfred Russell Wallace revealing the many triumphs and follies in his quest to explore these exotic and dangerous places in his search for rare, beautiful, and elusive birds. Johnson also reveals that the decline of most of these rare bird species was caused by fashionable ladies' desire to adorn their hats with such feathers; the rarer and more unusual the feathers, the more expensive the hat and the higher the status symbol.

 

Another fact that Johnson exposes, and the one aspect I find most interesting, was that Alfred Wallace, a self educated naturalist, had postulated the theory of evolution and the survival of the fittest independently from Darwin based on what he observed first hand in nature. Most scientists agree that Wallace and Darwin be given credit for the theory, yet many give credit only to Darwin. I have even read elsewhere, though I don't know how true it is, that Darwin posted his theory of evolution and the survival of the fittest only after reading ledgers that Wallace had sent to him; i.e., that Darwin stole the theory from someone less educated, less rich, and less known. I guess we will never know for sure, but it does make interesting reading and may even prompt one to explore and research the topic.

Joe

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@xvigauge, Glad you are finding the book worth reading, but am surprised that the ladies hats and the evolution stuff are news, I thought that was common knowledge, though I had forgotten Wallace's name.Many ladies had whole birds or multiple birds on their heads and a fashionable hat is only good few a few occasions before it must be replaced by a new and more exotic one. The only thing that has caused more bird species extinction is feral cats. Some guy whose name I also have forgotten sat in a park and counted the hat-birds on Sundays, in I believe NYC.

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Just came across this thread. I read the book because our classic fly tying site was instrumental for a lot of what happened. Those boys were something else. Could tie flies unlike anyone we have come across and given their age I think they got caught up in an obsession over these rare feathers. Shame really...they were passionate and talented kids. Brings me back to the long history of these sites that I am sure most who are on here now don't know.

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Darwin didn't originate the theory of evolution ... and didn't "take credit" for it. What made him the main authority was his detail of specimens from the Galapagos Islands that proved the theory.

Wallace wasn't the first, either. The theory had been around for a while.

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Why are you guys floating a dead post ? I'd be more concerned about the sinking ship !

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