The legality of possessing northern flicker feathers is a complicated issue that depends on several factors. In the opening paragraphs, we’ll provide a high-level overview and quickly answer some common questions about northern flicker feathers and the law.
Quick Answers
Are northern flicker feathers illegal to own? It depends. Here are some quick answers:
- In the United States, it is generally legal to possess northern flicker feathers that were obtained legally and with proper permits. However, restrictions apply in some states.
- It is illegal to possess northern flicker feathers that were obtained illegally, such as by shooting the bird or taking feathers without permits.
- Native Americans may possess northern flicker feathers for religious and cultural purposes under the Bald and Golden Eagle Protection Act.
- Migratory Bird Treaty Act regulations prohibit the possession of most native bird feathers, but northern flickers are an exception if obtained legally.
- State and local laws may place additional restrictions on possessing bird feathers like northern flickers.
So in summary, northern flicker feathers may be legal to own if obtained properly, but are illegal if taken illegally. Let’s explore this topic in more detail.
About the Northern Flicker
The northern flicker (Colaptes auratus) is a large woodpecker found widely across most of North America. It is a migratory bird and one of the few woodpecker species commonly seen on the ground, often feeding on ants. Northern flickers have brownish barred plumage on their wings, tan underparts, and black speckling on their breasts. The most distinctive feature is the bright yellow to salmon-colored feathers under the wings and tail.
Northern flickers live in open woodlands, forest edges, parks, and rural areas. They nest in tree cavities and lay 5-8 eggs per clutch. These birds use their strong beaks to hammer on trees and feed on insects, ants, fruits, seeds, and berries. Their unique feathers and appearance have long attracted the interest of humans.
Native American Use of Northern Flicker Feathers
Northern flicker feathers have held cultural and spiritual significance for many Native American tribes for centuries. Their use in tribal regalia, ceremonies, and rituals is well documented historically.
For example, the Blackfoot tribe used northern flicker feathers to decorate shields, headdresses, pipes, arrows, and lances. They represented power and strength in battle. The poncho-like elkskin shirts worn by warriors were adorned with northern flicker feathers indicating heroic deeds.
Other tribes like the Cheyenne, Crow, and Lakota Sioux all utilized northern flicker feathers in ceremonial attire. They were particularly valued for their bright yellow hue. Dancers’ bustles, hair ornaments, and tipi decor all incorporated the feathers. This traditional use continues today.
Legality for General Public Possession
For members of the general public who are not Native American, possessing northern flicker feathers requires adhering to federal and state wildlife laws.
The baseline federal law is the Migratory Bird Treaty Act of 1918 (MBTA). This act protects migratory birds, eggs, and nests from harm and commercial trade. It is illegal under the MBTA to hunt, kill, collect, possess, or traffic migratory birds, feathers, or parts without permits.
However, northern flickers are an exception to the MBTA. The U.S. Fish & Wildlife Service states that flicker feathers may be possessed without a permit for personal use.
But there are still limitations. Under the MBTA, northern flicker feathers must be obtained legally. Shooting, trapping, or harming the bird to remove feathers is unlawful. Found feathers may be kept but cannot be sold. And any state or local laws protecting flickers must also be followed.
State and Local Laws
Many states have additional regulations beyond federal requirements that pertain to possessing bird feathers like the northern flicker:
| State | Law Summary |
|---|---|
| California | Possession of most bird parts prohibited without permits, including flicker feathers. |
| Hawaii | All native bird feathers are prohibited except for traditional Hawaiian use. |
| Massachusetts | Strict ban on possessing bird feathers and parts from native species. |
| New York | Permit required for feathers from wild birds killed or found in the state. |
| Washington | Flicker is a protected species so feathers cannot be possessed. |
Some cities and counties also have local ordinances banning or restricting bird feathers. It is important to check relevant state and local laws before obtaining northern flicker feathers.
Exceptions for Native Americans
There are certain exceptions regarding northern flicker feathers that only apply to Native Americans. They are permitted to obtain, possess, and use protected migratory bird feathers for religious or cultural purposes.
The Bald and Golden Eagle Protection Act allows enrolled members of federally-recognized tribes to apply for a permit authorizing them to obtain and keep northern flicker feathers and parts. These permits are issued by the U.S. Fish and Wildlife Service’s National Eagle Repository.
Also, the Religious Freedom Restoration Act protects the rights of Native Americans to continue using sacred objects like feathers legally. However, feathers still cannot be obtained through illegal take or harm to the birds themselves.
Purchasing Northern Flicker Feathers
In general, it is advisable to avoid purchasing northern flicker feathers. There are many potential legal issues involved.
First, the buyer may unknowingly obtain feathers that were collected illegally if proper documentation is not provided. Northern flickers are still killed specifically for their feathers and parts in violation of the MBTA.
Second, legal commercial trade in native bird feathers like flickers is extremely limited. The MBTA prohibits their sale and commercial use without difficult-to-obtain permits. So legal channels are scarce.
Third, feathers sold as “northern flicker” could actually be from other similar-looking species, some of which are illegal to possess. Proper identification is crucial yet challenging for the average person.
Finally, purchased feathers may violate state or local laws, unbeknownst to the buyer. Abiding by restrictions depends on where the buyer, seller, and bird originate from.
Because of these factors, it is safest to avoid buying northern flicker feathers altogether. There is a high risk of inadvertently breaking the law.
Penalties for Having Illegal Feathers
Substantial civil and criminal penalties can result from violating the laws surrounding possession of northern flicker feathers and parts. Maximums under federal law are:
- Up to 1 year imprisonment and $100,000 fine for a misdemeanor MBTA violation.
- Up to 2 years imprisonment and $250,000 fine for a felony MBTA violation.
- Up to 5 years imprisonment and $350,000 fine for violating the Eagle Act.
State law penalties vary but may include additional fines, imprisonment, and seizure or forfeiture of illegal feathers. Offenders can also face permit sanctions, loss of hunting privileges, or probation.
Conclusion
In summary, it is legal for most people to possess northern flicker feathers in the U.S. if they were found or obtained by legal means and any relevant state laws are followed. But killing flickers to harvest feathers or buying/selling them is generally prohibited and risks steep penalties. Native Americans have additional allowances for traditional tribal uses. Checking all applicable federal, state, and local regulations is necessary to ensure northern flicker feather possession complies with the law.
