#3159082 - 02/10/13 07:41 PM
Duck feather question
|
Cottontop
6 Point
Registered: 01/29/03
Posts: 568
Loc: Huntsville, Alabama
|
Offline
|
|
Is it legal to use feathers from legally harvested ducks to make fishing flys and jigs? If so is it legal to sell them?
|
|
Top
|
|
|
|
|
#3159093 - 02/10/13 07:50 PM
Re: Duck feather question
[Re: Cottontop]
|
scn
12 Point
Registered: 02/05/03
Posts: 6949
Loc: Brentwood, TN US
|
|
Offline
|
|
The use is legal. I'm not sure about the sale. Contact the USFWS at (615) 736-5532 on that.
|
|
Top
|
|
|
|
|
#3159177 - 02/10/13 08:48 PM
Re: Duck feather question
[Re: scn]
|
Cottontop
6 Point
Registered: 01/29/03
Posts: 568
Loc: Huntsville, Alabama
|
|
Offline
|
|
Thank you scn.
|
|
Top
|
|
|
|
|
#3159945 - 02/11/13 03:42 PM
Re: Duck feather question
[Re: Cottontop]
|
matt_brown
4 Point
Registered: 08/12/10
Posts: 127
Loc: GREENE, TN
|
|
Offline
|
|
If you contact them. Please share the answer with us
|
|
Top
|
|
|
|
|
#3159951 - 02/11/13 03:52 PM
Re: Duck feather question
[Re: matt_brown]
|
scn
12 Point
Registered: 02/05/03
Posts: 6949
Loc: Brentwood, TN US
|
|
Offline
|
|
I realized that after re-reading the question that I was unsure what you were asking. Are you asking if it is legal to sell the flies/jigs made from duck feathers or to sell the feathers?
I asked the question (both ways)to one of the USFWS agents this morning. He was not 100% on the answer.
We were both sure that feathers can be used in flies, and maybe 99% sure that the flies could be sold. But, the sale of the feathers was something he had to check on. We know it is illegal to sell mounts of wild ducks or to sell the whole skins for mounting. But, we are not sure on the sale of the feathers.
If/when he gets back with me I'll post the answer. Both of us are going a bunch of different directions this week, so I have no idea if we will be in contact anytime soon.
|
|
Top
|
|
|
|
|
#3160182 - 02/11/13 07:27 PM
Re: Duck feather question
[Re: scn]
|
Barrett
formerly bad_deer24
12 Point
Registered: 11/09/06
Posts: 6808
Loc: Nolensville, TN
|
|
Offline
|
|
Interesting
_________________________
The artist formerly known as Bad_Deer24
"Don't Be Where They Are, Be Where They're Gonna Be"
>------>
|
|
Top
|
|
|
|
|
#3164428 - 02/14/13 09:26 PM
Re: Duck feather question
[Re: Barrett]
|
pathfindr92
6 Point
Registered: 10/24/04
Posts: 930
Loc: Johnson City
|
|
Offline
|
|
Since scn may not hear back from his contact for a while, I'll share what I know. Also see the article concerning a recent prosecution over this issue in AK, linked below.
Here's the link to the USFWS page with the relevant laws and treaties protecting migratory birds: http://www.fws.gov/migratorybirds/RegulationsPolicies/treatlaw.html#lacey
Read those so you won't end up like this guy: http://www.adn.com/2012/10/15/2661657/native-alaskan-artist-told-his.html
This question comes up all the time on waterfowl forums when guys are looking for flies. Unless you have a permit from the govt saying you can, you can't sell feathers or any other part of the birds protected by the Migratory Bird Treaty Act of 1918. Violating the MBTA can cost you up to a $2,000 fine and up to 2 yrs in prison.
The sale of migratory birds or parts thereof (nests and eggs are included) whether across state lines or not is a violation of the Lacey Act. By violating the MBTA, the act of selling bird parts violates the Lacey act. That is one law you don't want to break. The penalty is up to a $10,000 fine for misdemeanor offenses, 20,000 for felonies, and as long as 5yrs in Federal prison.
You can use the feathers from legally taken birds (waterfowl or otherwise) for tying flies, but they cannot be sold. You can give the flies/jigs away, but selling them is a violation of the MBTA.
If you go to the park and pick up duck feathers for fly-tying, you are breaking the law. You have to harvest the feathers under a permit from the govt, i.e. a hunting license. The USFWS hunting proclamations determine the conditions for legal harvest on the federal level, same as the TWRC proclamations do on a state level.
Waterfowl aren't the only birds protected of course. Raptors and songbirds are included in the list, too. This is one of the reasons you can't possess hawk or eagle feathers.
The Native American tribes that use eagle feathers in religious ceremonies have to have a permit from the govt to do so. A school or University that has raptor mounts must likewise have the proper permits to legally possess them. Falconers have to have these permits from the Feds as well as any state permits to possess their birds.
If your USFWS contact finds out anything different, please let me know.
Edited by pathfindr92 (02/14/13 09:41 PM)
Edit Reason: corrected Lacey Act info, fine amts
|
|
Top
|
|
|
|
|
#3164466 - 02/14/13 09:51 PM
Re: Duck feather question
[Re: pathfindr92]
|
pathfindr92
6 Point
Registered: 10/24/04
Posts: 930
Loc: Johnson City
|
|
Offline
|
|
The Criminal Fines Improvement Act of 1987 increased the fines for violations of both acts. The Lacey Act increased to 100,000 for misdemeanors, 250,000 for felonies on the individual level.
Digging through the US codes, it seems that misdemeanor violations of the MBTA can be fined up to 15,000 instead of 2,000 for taking birds by over bait, and that offense also allows prosecution under title 18, which allows up to 100,00 fines.
Try researching some of these laws and codes and it's easy to see why TWRA can't always give you an answer right away on an issue like this. There is a lot of information to sort through, especially when the federal govt is involved.
Edited by pathfindr92 (02/14/13 10:07 PM)
Edit Reason: found clarification on fine amounts
|
|
Top
|
|
|
|
|
#3164648 - 02/15/13 06:52 AM
Re: Duck feather question
[Re: pathfindr92]
|
Cottontop
6 Point
Registered: 01/29/03
Posts: 568
Loc: Huntsville, Alabama
|
|
Offline
|
|
Thanks pathfinder. Your answer is enough for me.
|
|
Top
|
|
|
|
|
#3165573 - 02/15/13 08:55 PM
Re: Duck feather question
[Re: Cottontop]
|
pathfindr92
6 Point
Registered: 10/24/04
Posts: 930
Loc: Johnson City
|
|
Offline
|
|
I got to wondering about this more last night, due to all the amendments and changes there have been made since the laws were written. I know some companies sell duck feathers, and so there either had to be some permit or an exemption somewhere, so I dug around for a couple of hours and found this:
from 50 CFR 20:
SUBPART J -- FEATHERS OR SKINS
§ 20.91 Commercial use of feathers.
Any person may possess, purchase, sell, barter, or transport for the making of fishing flies, bed
pillows, and mattresses, and for similar commercial uses the feathers of migratory waterfowl
(ducks, geese, brant, and swans) killed by hunting pursuant to this part, or seized and condemned
by Federal or State game authorities, except that:
(a) No person shall purchase, sell, barter, or offer to purchase, sell, or barter for millinery or
ornamental use the feathers of migratory game birds taken under authority of this part; and
(b) No person shall purchase, sell, barter, or offer to purchase, sell, or barter mounted specimens
of migratory game birds taken under authority of this part.
This indicates that flies are ok to sell as long as the feathers were legally harvested. The problem is that skin is not a feather, so the feathers have to be loose (or tied to a fly). You can't sell skins with feathers attached legally.
I know of some guys that got busted for selling hooded merganser skins for flies. No one bothered to say that they would've been ok if they were plucked first.
Sorry for giving bad info, but I figure if you can't find the exemption in the law, its better safe than sorry.
Hopefully scn can ask the USFWS guy if this interpretation is correct.
|
|
Top
|
|
|
|
Moderator: Cuttin Caller, Tennessee Todd, RUGER, Unicam, BigGameGuy, CBU93, stretch, Bobby G
|
12104 Members
38 Forums
115578 Topics
1408131 Posts
Max Online: 756 @ 11/20/12 09:10 AM
|
|
|
The TnDeer.Com Deer Talk Forum is for Tennessee Deer Hunters by Tennessee Deer Hunters. If you enjoy using our Talk Forum and would like to contribute to help in it's up-keep. Just submit your contribution by clicking on the DONATE button below and paying with PayPal or a major credit card. Any amount is much appreciated. Thanks for your support!
|
|
|
