Using "found" Song Bird Feathers
This question may have been asked before: ???
As the snow melts here in the northland I discovered the remains, basicaly only the feathers of a male cardinal. Is it legal to use the feathers in tying or not??
I live in Minnesota if the laws differ from state to state. Bright red feathers, natural color, are hard to find and use in tying.
Does anybody have a substitute??
Northwoods
Northwoods...No you cannot legally collect, keep, use, any feathers from nongame birds. It dosen't matter what state you are in, the songbirds are protected under the federal migratory bird act.
What he said.
As far as subs, depends on what part of the bird your looking to use. Dyed goose or swan should work for some things. It's a bit hard to get the colors correct, but there is a lot of red out there.
Happiness is wading boots that never have a chance to dry out.
if you are prepared to deal with a 250,000 dollar fine if youre caught then go ahead. (or be extremely careful and don't get caught) i would not suggest even risking it, but if you really want to, and are fully aware of the consequences, i'd say just don't tell anyone.
the reason you can't even have the feathers of protected birds (that question always comes up in these threads) is because they have to assume that if you have the feather, you killed the bird. otherwise, people could kill the bird, pluck the feathers off, and just say they found the feathers. And there would be nothing law inforcement could do to prove it.
Gotta say though, those feathers would make some pretty spiffy softhackles.....
Found some cardinal feathers in my back yard from a hawk kill (pretty unusual, they normally catch sparrows & morning doves). Didn't pick them up and don't plan to.
Regards,
Scott
It's often been said that the law is an ***...so, a contrarian viewpoint:
It's up to you if you want to 'obey' what is, in this instance, a pretty stupid regulation (there is a difference between 'law' and 'regulation'). Not all that long ago many Americans found civil disobedience to stupid or poorly thought out laws or reguations to be a worthwhile method of protest. Just takes the courage of your convictions (or to be convicted....been a while)..
You didn't kill the bird. They have to 'prove' beyond a reasonable doubt that you did to prosecute you for killing it.
The feathers will go to waste if you don't use them. It amy be 'illegal' to 'possess' the featerhs, but in order to 'prove beyond a reasonable doubt' that you are guilty, they have to also prove that you knew they were Cardinal feathers. Hard to do...really hard unless you answer questions, which even a novice law school library clerk knows you shouldn't do....
While it may be a technical 'violation' to have these feathers, how likely is it that anyone who is empowered to enforce this would EVER know you'd tied a fly with them? They have much more important things to do...
If it was me and I was worried about it, I'd clean the feathers well, place them into a zip lock baggie, and write 'red dyed chicken feathers...give to Scott when you see him' on it. Who's gonna take them and 'test' them to prove that they are Cardinal feathers, and even if they do, how they going to 'prove' that you had knowledge of them?
Unless you start telling folk that you are tying with found song bird feathers, you're probably okay. Keep your mouth shut....or just leave the feathers alone.
And, if not, then you can probably get access to a computer in the big house and keep in touch.
All legal advice is worth exactly what you pay for it.....
Buddy
p.s; I'm KIDDING...This was an atempt at satire...apparently I was too subtle....only an absolute moron would take a chance like that for something as idiotic as a few pretty feathers. Let the feathers be...buy red feathers where you get fly tying materials...there are lots of them...and lighten up!!!
Last edited by Buddy Sanders; 03-17-2009 at 05:01 PM. Reason: This was supposed to be satirical....
It Just Doesn't Matter....
Don't!
This is one of those cases where the potential trouble is just not worth the benefit of a few free feathers. Something that sounds very sane and rational when you are all alone out in the woods sounds incredibly stupid and lame when you tell it to a judge. 8T
Guys, I was KIDDING, but the following does need to be said:
Jared,
Telling someone something like this isn't illegal...it's a discussion..I can still say what I want... this IS still America and 'freedom of speeech' applies to the political/legal discussion...it's actions that are illegal. If we ever have 'thought police' the internet will go away.
Redietz,
It IS also illegal to kill the bird..I checked, and they say not to do that. It is, as you stated, illegal to possess the feathers, too...
Fishbum,
I could care less about sending messages to young people in a forum such as this. This isn't the place to form a person's character. If a young person lets things that they see on the internet form their courses of action, our problem is much greater than what to do with some pretty red feathers.
Besides, I refuse to march in lockstep under that 'Nation of Laws' crap. I'm willing and eager to debate some laws that I believe are wrong..and I find using satire to illustrate that is fun and enlightening. I didn't violate that law. If Scott decides to, he needs to know the risks and make his own decison. Informed decision requires INFORMATION, not slavish adherence lip service to the letter of the law. I put forth what I saw as a ridiculous strategey to flout the law...and I thought that by adding the whole contact us from the Big House clause I pretty much gave what the out come could be....I hope he gets that.
And, for everyone else, I was trying to use some satire in the original post....apparently I was too subtle...I've edited the original post to clearly state that, just in case someone with more time than sense actually BELIEVES me....
My apologies if anyone was 'upset' by the original post....but geeze guys, lighten up...this ain't that big a deal....
Buddy
It Just Doesn't Matter....
WOOHOOO go Buddy!!!!
If our forefathers "marched in lockstep under that 'Nation of Laws' crap" we would still be kissing the butt of the King/Queen of England!
Has anyone every heard of someone getting caught using a fly with "illegal" feathers?? I'm not talking about people selling or shipping illegal flies or materials, I mean getting stopped by a CO and questioned about the materials in the fly you're using. I don't see it happening.
BTW, house sparrows and European starlings are all fair game because as they are not native species.
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