Legal to have materials?

[melk]

Hi,
I looked at a bunch of tying materials today. In the lot are at least 2 jungle cock capes, blue chatterer feathers and swan quills. Are these legal to possess? The materials are from an estate sale of a tier in upper NY state and the seller is in NH. He bought them from the estate. Before I either get stuck with materials I can't legally sell or worse have USF&G knock on my door, I ask the wisdom here. A few years ago I had to dispose of a bald eagle mount that had been battered over the years in a classroom. That was a long involved process. Don't want to do that again!
Thanks for any advice.
Mike

[AlanB]

Hi Mike,
Your regulations are different from ours, but the only grounds you would have for some of those would be that the stock is older than the restriction. Historic items are exempt from the regulations (retrospective laws), the problem is that you have to be able to prove their age. This is usually done for collections of old fly tying materials here by the original owner/collector having predeceased the regulation.

Recently I discovered that the red-ruffed fruitcrow is not protected, it's at risk status is "of least concern". Yet Indian Crow feathers are hugely expensive. A piece of skin with feathers about the size of your thumb nail (less than 1/3rd of the feathers from one bird) has sold recently for almost 700 U.K.P. (around $1000). It just goes to prove that there are a lot of myths around what is restricted in fly tying circles. A common belief here is that all swans are property of the queen. Just not true the queen has a flock of swans on the River Thames, that is all. However the classic salmon flies tied these days are more often tied with turkey than swan.

It may prove worth your while to do research into this. Reliable information should be easy enough to find.

Cheers,
A.

[billhouk]

Here is a link to the USGS page describing the migratory bird restrictions: http://www.npwrc.usgs.gov/about/faqs/birds/feathers.htm

One paragraph is of particular interest to us as fly tiers, "It is a "strict-liability" law, meaning that there is no requirement for law enforcement agencies to prove "intent" to violate the law. That is, if you are found in possession of a protected species or its parts or products, you are automatically in violation of the law."

I think AlanB is correct for here in the US. If you can prove the age of the feathers (or they are from farm raised birds [the jungle cock?]) you may be OK. But, after eight years as a correctional officer in a previous life I'm not sure I would take the risk. I do not know what a court would consider proof...

[AlanB]

The thing that is worrying me in all this is that the requirement is on you to prove the impossible... Your innocence! You are in possession of these items so you are guilty until you can prove your innocence. Sounds like the thin end of the wedge to me.

Still I completely understand your caution.

Cheers,
A.

[melk]

Thanks Alan and Bill. I have contacted a friend at NH F&G, who gave me the US F&G contact 4 years ago. I contacted a local fly shop and got the same answer. This is a very nebulous area and I am on the fence with the purchase. I would sell the jungle cock capes, enough loose nails for me, but then what if the buyer turns me in! Man, things used to be much easier.
I'll post the final events when I have and answer. Again, my thanks.
Mike