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What you may hold

The Migratory Bird Treaty Act

Updated

On this page8
One of the broadest sentences in federal wildlife law, and it includes the word possess.

What the statute says

Unless and except as permitted by regulations, it is unlawful at any time, by any means or in any manner, to pursue, hunt, take, capture, kill, possess, offer for sale, sell, barter, purchase, deliver for shipment, ship, export, import, transport or receive for shipment any migratory bird.

And it keeps going

The same sentence covers any part, nest or egg of any such bird, and any product, whether or not manufactured, which consists or is composed in whole or part of any such bird or any part, nest or egg thereof. A craft item with a feather in it is inside that description.

A found feather is a part

There is no finders exception in the sentence. That is the single most surprising thing about this statute for collectors, and it is why "I picked it up off the ground" is not an answer to it.

Native species only

Subsection (b) limits the subchapter to migratory bird species native to the United States or its territories, meaning those occurring here as a result of natural biological or ecological processes. Introduced species are treated separately.

The list is published

50 CFR 10.13 is the List of Birds Protected by the Migratory Bird Treaty Act, and it names its authorities: the MBTA at 16 U.S.C. 703-712, the Fish and Wildlife Improvement Act of 1978 and the Fish and Wildlife Act of 1956, implementing conventions with Canada, Mexico, Japan and Russia.

Which is why replicas exist

A cast or printed replica of an egg is a lawful object to make, hold, sell and ship. It is also, for a teaching collection or a display, very often the better object, because it can be handled.

Permits are a Fish and Wildlife Service matter

The statute opens with "unless and except as permitted by regulations", so lawful possession for scientific or educational purposes runs through a permit. That is a conversation with the agency rather than a question about packaging.

References

16 U.S.C. 703, Taking, killing, or possessing migratory birds unlawful. Subsection (a) makes it unlawful to possess, offer for sale, sell, barter, purchase, ship, export or import any migratory bird, any part, nest or egg of such a bird, or any product composed in whole or part of them. Subsection (b) limits the subchapter to species native to the United States or its territories. law.cornell.edu
50 CFR 10.13, List of Birds Protected by the Migratory Bird Treaty Act, whose stated legal authorities are the MBTA at 16 U.S.C. 703-712, the Fish and Wildlife Improvement Act of 1978 and the Fish and Wildlife Act of 1956, implementing conventions with Canada, Mexico, Japan and Russia. law.cornell.edu
Written from federal statute and regulation, not from a collection room. Wildlife law is federal, state and sometimes tribal at once, and the Lacey Act makes a state or foreign violation a federal matter. Nothing here is advice on a particular specimen, and the permit questions belong to the Fish and Wildlife Service.