Conservation Corner: November 6, 2000

Federal Laws Protect Raptors And Other Birds, Part I
by James L. Cummins

This is the first of a 2-part series on raptors. Raptors are commonly referred to as birds of prey and are characterized by their hooked beaks, large talons, keen eyesight and meat-eating habits. Six raptor families occur in the United States and include falcons, hawks, eagles, ospreys, vultures, kites and owls.

The Migratory Bird Treaty Act protects all common wild birds found in the United States, except the house sparrow, starling, feral pigeon and resident game birds such as quail and wild turkeys. Resident game birds are managed separately by the States. The Bald Eagle Protection Act provides further protection to all Bald and Golden eagles. The Endangered Species Act further protects endan­gered species like the Peregrine falcon. It will be discussed in another column.

The Migratory Bird Treaty Act makes it unlawful for anyone to kill, capture, collect, possess, buy, sell, trade, ship, import or export any migratory bird, including feathers, parts, nests or eggs. The Bald Eagle Protection Act prohibits all commercial activities and some non­commercial activities involving Bald or Golden eagles, including their feathers or parts. The Endangered Species Act makes it illegal to sell, harm, harass, possess or remove protected birds from the wild.

Historically, plumage from many migratory birds was highly desired by the millinery industry to the extent that the populations of some species were rapidly diminishing. More recently, with the popularity of Native American artifacts increasing, a lucrative market still exists for migratory bird feathers and eagle feathers to decorate many curios and art objects. Enforcement officers have no way to determine whether feathers used in art work were found on the ground in one's own backyard, or if the feathers came from a bird that was killed illegally. These prohibitions are therefore intended to eliminate any commercial market for the birds themselves, as well as their feathers and parts.

There are exemptions that allow for the possession of migratory birds, feathers and parts. Permits are obtainable from the U.S. Fish and Wildlife Service which allow the possession of raptors and other migratory birds for authorized activities. For example, a Scientific Collecting Permit allows a person to take, transport, or possess migratory birds, their parts, nests, or eggs for bona fide scien­tific research or educational projects. The purpose must be amply justified and the collector's ornithological qualifications should be well established and documented.

Falconry Permits are required before any person may possess a raptor for falconry purposes. Taxidermy Permits are required before any person may possess a migratory bird for the purpose of mounting it for another person. Native Americans, such as the Mississippi Band of Choctaw Indians, may also obtain a permit to possess eagles, eagle parts, and other migratory bird feathers for use in religious ceremonies.

This column will be continued next week.

James L. Cummins is Executive Director of the Mississippi Fish and Wildlife Foundation in Stoneville, Mississippi. Known as "Wildlife Mississippi," the Foundation is a non-profit, conservation organization founded to conserve, restore and enhance fish, wildlife and plant resources throughout Mississippi.