Migratory Bird Treaty Act of 1918

[Mrs. Thankful]

Does anyone have experience in receiving a permit to contain/use migratory birds in business activity?

I have a business idea that I am noodling around with and although on paper it looks like it should be no problem obtaining a permit; I would like to hear of first hand experience.

[Awnry Abe]

No, but please post what you find out. I am interested in permits relating to other aspects of the act.

[haypoint]

there is a permit to capture, tag and release protected migratory birds. there are hunting licenses for several migratory species.
contain? use?

[Old Vet]

You need to check the US and State game wardens. One may have a permit but not both.

[IowaLez]

I have a federal license to import and export exotic animals and animal parts; I mostly import from Australia. Exotic applies to any species that isn't a common domestic one. I have had my license since 1998. A license costs $100 a year, and any inspections are $91 currently, but it increases another $5 each year. You need to have the license even if you aren't going to trade internationally. Just possessing stuff requires it.

There are 2 international treaties, CITIES 1, dealing with Endangered species, and CITIES 2, dealing with Exotic species. There are state laws about the birds and animals that are normally hunted with a license.

For instance, say you are driving along thru some woods at night, and an owl swoops down to catch prey by the roadside, and instead hits your windshield and is killed. It is a felony for you to stop, pick up the owl, or take feathers from it. The only wild bird that is allowed are starlings, considered an invasive species.

You cannot possess wild bird parts. At all. It is a federal crime to interfere with the birds. Even possessing feathers is illegal. Killing any wild bird or destroying nests is illegal. Even possessing parts of birds that you found already dead. Only agencies like some universities, and some government agencies. can possess these things, and they still have to have a permit. It is all federal crimes, plus some state.

And if you think they don't enforce the laws, you are grossly mistaken. Can we say SWAT teams and simultaneous dawn raids and being face down on the ground with a gun to your head? I know someone who tried to do things without permits and that happened to her. I also knew a woman who collected wild bird parts and feathers to make these little feathery things she sold at the town bar. When Fish and Game and the Feds got ahold of her, they found 2 chest freezers full of animal parts and feathers, her regular freezer full, and a space at the locker plant down the street. They put her in prison for a few years.

[unregistered5595]

But can you use the word Feather as an alias on a forum?

Collecting feathers--I've heard that you cannot collect feathers from certain birds, like owls, but not all birds. Are feather mattresses now against the law?

[Mrs. Thankful]

Yes. This is what I have read too.

I want to try to entice hummingbirds to nest and migrate back and forth to the property to aid in pollinating specific flowers. But if the eggs or nests are in my "possession", I could be fined min of $15,000.

I know that once the hummingbirds nest they return every year, so it would just be the first year. I am confused about attraction and being held responsible if they see nests etc on my land.

So I figured I better look into permitting. And I have on the fed and state level, however; I am concerned about the information. I called but they really were not helpful.

[simi-steading]

If you put out all kinds of feeders for humming birds, and the decide to stay and build nests on your property, you are fine. Now if you start collecting the eggs and hatching them in incubators, then it's a different game...

I was watching a couple weeks ago when two guys found a downed Bald Eagle and picked it up and took it home and called DNR... I was wondering how they got off on that... I guess DNR agents were in a good mood that day.. Usually that would have gotten you fined at the least..

[Brighton]

Originally Posted by Mrs. Thankful

Yes. This is what I have read too.

I want to try to entice hummingbirds to nest and migrate back and forth to the property to aid in pollinating specific flowers. But if the eggs or nests are in my "possession", I could be fined min of $15,000.

I know that once the hummingbirds nest they return every year, so it would just be the first year. I am confused about attraction and being held responsible if they see nests etc on my land.

So I figured I better look into permitting. And I have on the fed and state level, however; I am concerned about the information. I called but they really were not helpful.

Oh, my you are worrying over nothing, I have hummers all around the place all summer long, four nesting pairs this last summer, and yes the same ones come back year after year, but if you aren't taking the eggs out of the nest an incubating them, just providing feeders and habitat they like, then what is the problem?

You can set up cameras, many birding friends do to watch their nests, so put up some feeders, plant things they like and sit back and enjoy!

[Mrs. Thankful]

I know that ignorance of law is no excuse. But I felt real ignorant reading the law and permit information.

[Brighton]

Originally Posted by Mrs. Thankful

I know that ignorance of law is no excuse. But I felt real ignorant reading the law and permit information.

Why are you even reading that?

Unless you are stealing their eggs and incubating them yourself, what is the problem. Millions of people plant certain plants for birds, all over the country, bird and butterfly gardens! So you plant some plants that Hummingbirds like, and they decide to stay and nest, that is their choice and they are still migratory, they aren't going to stay when it gets cold and the food source runs out and daylight get shorter!

If anyone from the State came out and found a WILD Hummingbird nest, or a Flicker nest, Robin's nest, Blue Bird's nest and tried to fine me, I would lose my mind because honestly that bird it just doing what is was born to do, find a good habitat and live there! All of those are migratory birds, they live here in the summer, along with Phoebes, Kingbirds, Wrens, Brown Trashers, some Hawks, Owls and a dozen other I can't think of right of the top of my head.

[Patchouli]

Originally Posted by Mrs. Thankful

Yes. This is what I have read too.

I want to try to entice hummingbirds to nest and migrate back and forth to the property to aid in pollinating specific flowers. But if the eggs or nests are in my "possession", I could be fined min of $15,000.

I know that once the hummingbirds nest they return every year, so it would just be the first year. I am confused about attraction and being held responsible if they see nests etc on my land.

So I figured I better look into permitting. And I have on the fed and state level, however; I am concerned about the information. I called but they really were not helpful.

That means if you take the nest and eggs out of the tree and into your house. It does not mean trying to attract birds otherwise no one would sell bird houses.

[Tiempo]

There's nothing illegal about attracting migratory birds with friendly habitat planning as long as you leave them alone to do their thing once they arrive.

[Mrs. Thankful]

Thanks everyone, I get it now.

[simi-steading]

I'm just wondering how this ties into business? gardening?

[65284]

IowaLez, very interesting post. Australia is a place that's always fascinated me, what sort of things do you import from there?

[IowaLez]

Calling the regional law enforcement offices of US Fish and Wildlife, State Fish and Game, or DNR, or US Customs, is usually frustrating at best, and totally hair-pulling crazy at the worst. They will NEVER give you a straight answer about anything. They just do bs "legal speak". And yes, it can be very difficult to figure things out from reading their websites' info. I totally agree. Just like Microsoft - 100% accurate but totally, completely, useless.

There is no problem with offering food and nesting habitat to wild birds. But, once they nest, they have all the legal rights.... You better not mess with them. In the Bay Area of Cali, a number of years ago, one shopping mall had a flock of barn swallows nest on the undersurface of an overhanging roof structure over a big sidewalk. Now, swallows use mud to build nests under things, and along with that comes bird poop falling onto the sidewalk and patrons underneath. Unknowingly, the mall property manager called a company to come over and power wash away the nests. Of course they got reported, and it made the tv news and newspapers, and it really WAS a BIG deal, and some people got into big trouble with the law. It is perfectly fine to put something like spikes, mesh, or other deterrent stuff to prevent them from being there, ahead of time. No problemo.

Our neighbor farmer gets paid by the Iowa DNR to put up and maintain bluebird nests on his farm property around us. He has 52 nest boxes, and he has to check them twice a year. There is nothing wrong with helping birds with stuff like that.

You can even have a business with the birds on your property, like if you have something special, a rarely-sighted species, and you create protected areas for them to do their bird-nesting-thing, with your paying patrons able to photograph them for $. You're not trading in their parts, feathers, meat, you're not killing them, detaining them, interfering with their migration, caging them, selling them, or destroying their habitat. So you are not breaking the law. This is just a for-instance scenario. But you get my point.

Sure, you scratch your head, that you and I can go pick up a few naturally-shed crow feathers on the ground and tuck it into a clip on the sun visor in the car to be a talisman, and it's no big deal. But when you are like that kinda weird chick and have 4 freezers full of feathers and bird parts of crows, it is a whole different thing...

And don't post any pics of yourself on Facebook with anything that can get you into trouble.

And for the cynical people here, chickens, domestic geese, and domestic ducks are not illegal to take feathers from, or to kill. Like I said, they are COMMON species, domestic, and it is not illegal to possess them or their parts. A licensed hunter can go shoot wild ducks/geese and pluck their feathers, that is not illegal. There is no need to get ridiculous here about the laws.