Finding a feather from a hawk or other bird of prey can be an exciting experience. However, there are important regulations around possessing feathers and other parts from native bird species that you need to be aware of. Here’s a quick overview of what the law says about keeping hawk feathers you find.
Quick Answer
In most cases, it is illegal to keep a hawk feather you just found without proper permits. Native bird feathers are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. There are a few exceptions if you find the feather:
– On your own property
– From a non-native species
– From a bird killed by a vehicle
However, in general it is safest to turn the feather over to the U.S. Fish and Wildlife Service or send it to the National Eagle Repository. You can also donate it to certain institutions or tribes.
Laws Protecting Birds of Prey
There are two major federal laws in the United States that protect hawks, eagles, owls, and other native bird species and prohibit possession of their feathers and body parts without permits:
Migratory Bird Treaty Act (MBTA) – Passed in 1918, this act protects over 1,000 species. It covers all hawks, eagles, vultures, owls, and falcons, even if they are not migratory birds. Under the MBTA, it is illegal to possess any parts (feathers, talons, eggs, nests, etc.) of these protected bird species without proper permits. Fines under the MBTA can be up to $15,000 per individual part and jail time is possible for repeat offenses.
Bald and Golden Eagle Protection Act – Passed in 1940, this act offers additional protections to bald and golden eagles. It prohibits disturbing, possessing, or transporting eagles or eagle parts. First offense fines under this act are up to $100,000 and one year imprisonment.
So both of these laws generally make it illegal for private individuals to possess a hawk feather they simply found in most situations. There are some exceptions.
When Can I Keep a Found Hawk Feather?
There are a few circumstances where you can legally keep a hawk feather you find:
On your own property – If you find a hawk feather on land you own, you can legally keep it. However, you cannot sell it or transfer it to someone else.
From a non-native species – The MBTA only covers native bird species. So if the feather comes from a non-native hawk species like the Harris’s hawk, you can legally keep it.
From a vehicle-killed bird – Feathers from birds accidentally killed by cars or other vehicles are exempt from the MBTA. You can keep feathers from a hawk killed this way.
Used for tribal religious purposes – Native American tribal members can obtain permits to possess hawk feathers for certain religious and cultural purposes.
For educational or scientific uses – Zoos, museums, universities, and some other institutions can apply for permits to keep hawk feathers for displaying or research.
So if you find a hawk feather under any of those circumstances, you don’t need a permit to keep it. But outside of those exceptions, possessing hawk feathers, especially those from eagles, is generally illegal without the proper permit.
What Should I Do With a Found Hawk Feather?
If you find a hawk feather and cannot legally keep it, here are some recommended options:
Surrender it – You can surrender hawk feathers to the U.S. Fish and Wildlife Service. There are no penalties for voluntarily surrendering illegal feathers you happen to find.
Send it to the National Eagle Repository – This facility collects dead eagles and eagle parts like feathers. They distribute them to Native Americans for religious use.
Donate it – Certain institutions like museums, zoos, universities, and some tribal centers can apply for permits to legally possess hawk feathers for educational purposes. You may be able to donate feathers you find to such places.
Leave it where you found it – Assuming the feather looks undamaged, leaving it in place helps return it naturally back into the ecosystem. This is a good option if the feather is in a wilderness area.
So if you cannot legally keep a hawk feather you find, make sure to turn it over to the proper authorities or institutions that can possess it legally. Do not try to sell or transfer it to other private individuals without a permit.
Can I Buy Hawk Feathers?
In general, it is illegal to buy or sell hawk feathers or other bird parts under either the MBTA or Eagle Act. However, there are some exceptions:
– You can buy hawk feathers, especially owl feathers, from overseas sellers. The MBTA only governs feathers that are taken from birds within the United States.
– Native Americans can obtain permits to buy feathers from eagles that died naturally and were sent to the National Eagle Repository.
– Some institutions like museums and universities can get permits to buy feathers legally for specific purposes.
– In some cases, feathers from birds killed legally via hunting or ranching may be sold or purchased within the U.S.
So while purchasing hawk feathers is very restricted, it is legal in certain specific situations, often requiring permits. But finding individual feathers for sale from random sellers online or in stores is generally illegal under the MBTA, even if the seller claims they are “antiques.”
Can I Sell Feathers I Already Own?
If you currently possess hawk feathers that were legally acquired, you still generally cannot sell or transfer them to others without a permit. For example, even if you obtained the feather from your own land, giving or selling it to someone else is prohibited. Some exceptions include:
– Enrolled tribal members can create and sell authentic Native American arts and crafts involving hawk feathers they legally possess.
– Institutions like museums and universities can sometimes exchange or sell feathers among themselves that were obtained legally.
In general though, the laws make commercial transactions of most hawk feathers and parts illegal, even by individuals or institutions that legally possess them initially. Any sales or exchanges usually require getting permits.
So while you can sometimes legally acquire hawk feathers, re-selling them or passing them on to others is very limited without the proper permits. The laws aim to restrict feathers from being commercialized.
Can I Display My Legal Hawk Feathers?
If you legally possess hawk feathers, either from your own land, permitted purchases, or as an enrolled Native American tribal member, you typically can display them if:
– They are not being displayed for commercial purposes or for sale.
– You keep proper records or documentation showing the feathers were legally acquired.
However, there are some display rules for eagles:
– Eagle feathers cannot be displayed publicly unless for Native American cultural purposes.
– Even tribal members cannot display full eagle bodies or eagle nests.
So legal hawk feathers from common species like red-tailed hawks can typically be displayed in your home or shared for educational purposes. But eagle parts are more restricted, especially for public display. Proper records should be maintained when showing hawk feathers you legally possess.
Can I Give Hawk Feathers as Gifts?
In general, transferring hawk feathers between private individuals is prohibited under both the MBTA and Eagle Act, even as gifts. So even if you legally obtained the feather, giving it as a gift to a friend or family member would be illegal in most cases. Some exceptions include:
– Enrolled tribal members can give eagle feathers to other members or non-members as gifts for certain events like graduations or marriages.
– Individuals, museums, zoos, etc can sometimes exchange feathers for educational purposes under certain permits.
So while giving hawk feathers as gifts may seem like a thoughtful gesture, it unfortunately violates the general prohibitions on private exchanges under the protective laws. Only tribal members have clear exceptions for gift-giving purposes.
Do State Laws Differ?
States cannot make laws contradicting or superseding federal laws like the MBTA or Eagle Act. However, states may have additional restrictions or requirements related to possessing hawk feathers. For instance:
– Some states require permits for any possession of feathers from migratory birds, even when federal laws allow it.
– Additional state endangered species laws may protect certain hawk species.
– States can implement online registration systems for legally-held feathers.
– Different states may have varying penalties for violations.
So while the federal laws set the overall legality of possessing hawk feathers, individual states often have additional specific rules in place you must also follow. Be sure to look up both federal and state laws when considering keeping hawk feathers you find.
Consequences for Illegal Possession
Due to the strict protections for native bird species, there can be serious consequences for possessing hawk feathers illegally:
– Fines of up to $15,000 per feather under the MBTA and up to $100,000 for eagles.
– Jail time is possible for major violations.
– Feathers will be confiscated if discovered.
– You may be prohibited from future permits for legal possession.
The potential fines increase drastically for commercial trafficking compared to incidental personal possession. But all illegal hawk feather possession risks substantial fines at a minimum. Penalties may rise if you violate state laws as well.
Obtaining Permits
If you wish to legally keep hawk feathers you find or acquire them in other ways, you will need specialized permits:
– Native Americans must enroll with a federally-recognized tribe for eagle feather possession permits.
– Tax-exempt institutions like museums apply for permits through the U.S. Fish and Wildlife Service.
– Individuals must show specific needs like religious or educational use.
The permits allow you to actively and legally obtain hawk feathers from various sources when they become available. Permits are not easy for individuals to obtain unless you belong to a Native American tribe using feathers for cultural purposes.
Legal Alternatives
If you cannot legally keep wild hawk feathers you find or get proper permits, there are some alternative options to consider:
– Purchase feathers from legal exotic raptor species outside the MBTA’s coverage.
– Buy high-quality artificial hawk feathers from retailers and craft stores.
– Find falconers or breeders who sell molted feathers lost naturally by captive raptors.
– Ask zoos and rescues if they ever have legal surplus feathers available.
– Look for ethnic craft stores that sell legal feathers from outside the U.S.
While real native hawk feathers are heavily restricted, there are still many alternative ways to legally obtain decorative hawk-like feathers from both natural and artificial sources.
Special Case – Birds Hit by Cars
Birds accidentally killed by vehicles are generally exempted from the feather possession restrictions in both the MBTA and Eagle Act. So you can legally salvage feathers from hawks sadly hit by cars or trucks. However, some cautions include:
– State laws may still require permits or registration for salvaged feathers.
– Eagles are still more protected – notify authorities if you find a dead eagle.
– Take only what you can use instead of stockpiling feathers.
– Be careful of safety when stopping near roadkill.
– Do not intentionally create bird roadkill!
So while finding feathers from vehicle-killed raptors is a legal exception, use good ethical judgment and follow any state requirements when salvaging them.
Conclusion
Except for a few cases like finding feathers on your own property, possessing hawk feathers and parts you come across is generally illegal under federal laws like the Migratory Bird Treaty Act. Your best options are surrendering feathers to authorities or donating them to educational institutions if possible. If you do legally acquire hawk feathers, be cautious about transferring them to others. While the desire to keep found hawk feathers is understandable, make sure you know the laws and possible penalties involved first. When in doubt, err on the side of caution and do not keep feathers you find in the wild.
| Species | Legality of Keeping Found Feather |
|---|---|
| Red-tailed Hawk | Illegal without permit |
| Harris’s Hawk | Legal (non-native species) |
| Great Horned Owl | Illegal without permit |
| Bald Eagle | Illegal without permit |
| Turkey Vulture | Illegal without permit |
