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Re: Fwd: Feather collecting



> Dear Carolina Birders,

> Thus being in possession of a Northern Flicker or its parts is in violation
> of 16 USC (United States Code) 703 "Migratory Bird Treaty Act"
>
> 703.  Taking, killing, or possessing migratory birds unlawful
>
>      Unless and except as permitted by regulations made as hereinafter
> provided in this subchapter, it shall be unlawful at any time, by any means
> or in any manner, **to pursue**, hunt, take, capture, kill, attempt to
take,

That being said... Isn't "birding" in direct violation of this law.  Sure
if you happen to be outside and a flicker is above you and you look at
it... that's fine.  But what if you post (on an email list) that there is
a Vermilion Flycatcher down by a certain lake and tons of people drive
down to see it.  Aren't all those people "pursuing" the bird?  What about
those who go into "the right habitat" seeking out certain birds?  What if
you were walking down a trail and you see a warbler above you... it flies
to a tree 100 yards away and you follow (keeping your distance)...  Isn't
that "pursuing?"  According to Section 707... your car could even be
impounded!

Now you may be saying to yourself... yeah, maybe strictly speaking it's in
violation of the letter of the law, but no one is going to be fined for
that as long as they are "ethical birders."  I think the same could be
applied to possessing a flicker feather or a crow feather.

Laws like this may *mean* well but they end up being stupid.

I find it highly amusing that there is a clause (Section 711)that allows
for any of these "Migratory" birds to be raised and sold as food. So
essentially, I can't own a feather but I can raise birds on my "farm" and
sell "Vermilion Flycatcher-on-a-stick."

No one is going to throw you in jail for possessing one flicker feather,
nor are you going to get a $5000 fine...although any attempts to prosecute
for possession of one flicker feather would be pretty entertaining.

Mike,
Boulder, CO