I’m certified by the national wildlife rehabilitation association, and I am affiliated with a local Nature Center and Audubon Society to rescue, rehabilitate and otherwise handle raptors in distress. The certification does not grant me an exemption to posessing bird parts, and I am not a trophy taker, so I think that may answer your question.
Basically, I am on a list, if someone calls who has a wounded Osprey in their yard, I can go over there pick it up and bring it to a nature center or other rehabilitation facility. I don’t keep a feather if it falls off in my car, I don’t keep parts for personal use…The sternum I found is now sitting on our seawall. Again, not a trophy hunter.
I’ve read many reports where someone with no evil intent faced serious implications for actions as simple as picking up shed feathers to use in crafts or such. While the intent of such legislation is indeed laudable, it can cast an awfully wide net covering what many if not most would consider blameless behavior.
I am shocked to learn that picking up feathers in one’s suburban backyard is illegal. I’d love to see a cite that someone ever suffered a true legal penalty explicitly for picking up feathers in one’s own backyard.
I don’t mean a $20 fine or something. I mean jail time. I cannot believe that’s ever happened. But I am willing to have my ignorance fought.
…
Around here, crow hunting is done out in the open. There are radio shows dedicated to it (seasonally) and everything. :shrug: I see on BirdIQ that crows aren’t covered by these laws, but still.
Look up the name Peg Bargon. During the Clinton administration she sent the First Lady a dreamcatcher that was decorated with an eagle feather and ended up being prosecuted by the feds. The charges she faced could have gotten her a year and jail and a fine up to $156,000. She ended up paying a $1200 fine and $10,000 in attorney’s fee before it was through.
Whether or not someone has actually served jail time because they “innocently” picked up an otherwise illegal feather I can’t say. Personally, I tend to doubt that it has happened, given that judges are have much latitude when it comes to sentencing. However, the penalty and possibility does exist.
I’m involved in primitive and wilderness skills. That is to say, I make stone points, bow, arrows, tan leather and do other skills. Because of this I come across this topic time and time again. I find it amusing how incredulous people can be with regards to the existence of these laws. I would say that if you don’t do anything that attracts the attention of Fish and Game or other agencies then the likelihood of you facing legal charges is minimal. This is probably the reason few people know about or understand these laws.
I agree with anyone that says these laws look rediculous on the surface, but the thinking behind them is sound. As was explained to me long ago anyone who shot an eagle would say that they had “found” it if questioned by the authorities. This is why these regulations are “strict liability.” That is to say, law enforcement agencies have no requirement to prove intent. You have it in your possession, you are guilty. My personal advice to people is if you want to take it home you best shut up about it.
I have no idea whether it ever happened involving anyone’s “backyard” - although I’m not exactly sure why that is a meaningful distinction for you. The case Mr. Owl mentioned was probably the highest profile incident I’ve heard of. And I assume in most - if not all - similar situations the individuals most likely faced fines or even just bureaucratic hassles rather than incarceration.
Didn’t feel like getting any work done, so I did a bit of Googling. Didn’t find any documentation of improsonment for picking up a feather in one’s backyard, but I thought this was a mildly interesting decision. (Maybe just because I’ve argued in front of these guys!)
This guy was instructed to do something about the pigeons on his property, so he put out poisoned grain, which killed several pigeons (no problem) but also a couple of mourning doves and grackles (BIG problem!) Ct says he should consider himself lucky to have received only a conviction and a $450 fine.
The statute imposes strict liability, and is written in just about the broadest language imaginable. Sure, in all likelihood you will not appear on the authorities’ radar. But if you should, lack of ill intent is absolutely no defense.
The distinction is meaningful because it makes clear that there is a common-sense difference between (a) actively plundering a bald eagle’s nest; and (b) finding a blue-jay feather on private property, hidden by a fence, with no law enforcement in sight.
I know, but people often like to argue to absurdity (e.g. “Nah-ah – federal agents will be all over your lawn in a flash is you so much as look at a robin’s feather in the grass!”).
In other news, turkey season starts next week here in Louisiana.