Finding an owl feather can be an exciting event for any nature lover. Owls are mysterious, beautiful birds that captivate the imagination. Holding one of their feathers makes you feel connected to these majestic creatures. However, before keeping an owl feather you happen upon, it’s important to understand the rules and regulations around collecting them. There are laws in place to protect owls and their habitats. This article will provide a thorough overview of the legalities of keeping owl feathers in order to help you make an informed decision.
Is it illegal to keep owl feathers?
The short answer is: it depends. There are a few factors that determine the legality of possessing owl feathers. These include:
- What species of owl the feather came from
- Where you found the feather
- Whether the owl was alive or dead when you found the feather
Different regulations apply to different species of owls, as well as where the feather was collected. In the United States, the primary law governing owl feathers is the Migratory Bird Treaty Act of 1918. This act protects over 1000 species of birds, including owls, by making it illegal to possess any parts of migratory birds without a proper permit.
Here are some key points about the Migratory Bird Treaty Act:
- It covers whole birds as well as parts like feathers, nests, eggs, etc.
- It applies to both living and dead birds.
- It covers native bird species in the U.S. and those that migrate through the country.
- All native owl species in the U.S. are protected under this law.
So if you find a feather from a species like a great horned owl or barn owl, it is federally illegal to keep it without a permit, regardless of whether you found it on public or private land.
However, there are exceptions. The Migratory Bird Treaty Act makes exceptions for feathers that are:
- From species exempt from protection (such as European starlings)
- Legally obtained before the law went into effect
- Obtained through a proper permit or tribal rights
Additionally, some states have laws that prohibit possession of any native bird feathers while others are less strict. And any feathers obtained through illegal hunting are also always illegal to possess.
What species of owls are protected?
There are around 250 species of owls worldwide, with 19-20 species native to the United States and Canada. Under the Migratory Bird Treaty Act, all native owl species in the U.S. are protected. This includes popular and widespread species like:
- Great horned owl
- Barn owl
- Barred owl
- Eastern screech owl
- Great gray owl
- Snowy owl
It also includes less common species that have much smaller ranges, such as:
- Northern spotted owl
- Burrowing owl
- Ferruginous pygmy owl
- Northern saw-whet owl
- Flammulated owl
The list covers all owls you may encounter in the wild in North America. So even if you find a small feather from a very common barn owl, it is illegal to keep without a permit since barn owls are native and protected under the MBTA.
There are a few owl species not covered by the MBTA, such as:
- Eurasian eagle owl
- Great horned owl
- Snowy owl
Since these are not native to the U.S., they are exempt from the migratory bird protections. But many states still prohibit possession of any feathers from them.
The key point is that all owl species native to the U.S. and Canada have strict federal protections making it illegal to possess their feathers, nests, eggs, or bodies. It’s advisable to avoid collecting any owl feathers you come across while exploring the great outdoors.
Where is it illegal to collect owl feathers?
As mentioned previously, it is illegal to collect and keep owl feathers from anywhere in the U.S. under the Migratory Bird Treaty Act. So whether you find a feather in a national forest, by the side of the road, or in your own backyard, you cannot legally keep it without a permit.
This law applies on both public and private land. So even finding a feather in your backyard does not exempt you from the regulations. And it applies regardless of whether the owl it came from is alive or dead.
States have additional laws regarding collection of wildlife that may provide additional protections. For example, some states outright prohibit possession of any native bird feathers or parts, regardless of species.
Here are some state-specific regulations on possessing owl feathers:
- In California, it is illegal to possess feathers or body parts from any native California bird species.
- In Florida, a special permit is needed to possess feathers from native wild birds.
- In Alaska, feathers from migratory birds can only be used by Alaska Natives for traditional purposes.
- In Texas, it is illegal to buy, sell, or possess the feathers of protected species like owls.
Some states have exceptions for enrolled members of Native American tribes that allow them to possess certain feathers for religious or cultural purposes. And a few states, such as Louisiana, Arkansas, and Vermont, have less restrictive feather laws.
But in general, the prohibition on collecting and keeping owl feathers applies equally on public and private land throughout the U.S. Collecting feathers in a national forest carries the same prohibition as finding one in your backyard. The key factor is that the feather came from a protected migratory bird species.
Can I keep an owl feather if the bird was dead?
No, you cannot legally keep an owl feather you find even if the owl it came from was already dead.
The Migratory Bird Treaty Act protects all parts of protected migratory birds regardless of whether they are alive or dead. So even if you find a feather that clearly came from a long-deceased owl, or you see an owl get hit by a car, you still cannot legally take or possess any feathers you find on its body.
This might seem counterintuitive – why can’t you keep a discarded feather from an owl that has already died? But the reason behind this law is that allowing possession of feathers from dead or killed birds could provide cover for illegal hunting or killing of protected species.
For instance, if it were legal to pick up feathers from dead migratory birds, someone could shoot an owl and then claim they just “found” its feathers already discarded on the ground. Not allowing any possession regardless of whether the bird is alive prevents this potential loophole.
So in short, the dead or alive status of the owl a feather came from does not change the prohibition on keeping it without a permit. All feathers from protected migratory birds are illegal to possess under the MBTA.
What are the penalties for illegally possessing owl feathers?
There are legal consequences for possessing owl feathers or parts without proper permits. The penalties can include:
- Up to 1 year in jail and $100,000 fine for a felony conviction under the MBTA
- Up to 6 months jail time and $5,000 fine for a misdemeanor MBTA violation
- Potential state penalties depending on the laws where the violation occurred
- Forfeiture of the feathers or owl parts
In most cases, illegal possession of an owl feather is charged as a misdemeanor. However, penalties go up to felony status for offenses involving commercial trafficking or multiple protected species.
Here are some real world examples of enforcement actions for illegally possessing owl feathers:
- An Oklahoma man pleaded guilty to a misdemeanor MBTA charge and was fined $100 for possessing great horned owl feathers.
- A Montana man was sentenced to 6 months probation and a $775 fine for possessing barred owl feathers.
- Three men were sentenced to fines up to $5,000 and probation for possessing and selling feathers from protected birds.
These cases show that while small-scale possession may lead to a minor fine, prosecutors take feather trafficking very seriously.
It is not advisable to risk the legal penalties and consequences. If you find an owl feather, the safest bet is leaving it where it lies and not taking it home with you.
Can I get a permit to keep owl feathers?
There are certain permits available that allow you to legally possess owl feathers in limited circumstances:
Educational or Scientific Collection Permits
Special migratory bird permits are available to researchers, educators, museums, and other institutions to allow legal possession of owl feathers for educational or scientific purposes. These require a lengthy application process proving your qualifications and intent.
Native American Tribal Rights
Enrolled Native American tribal members may be able to obtain permits to possess certain feathers for religious or cultural purposes. This allowance honors their traditions and treaty rights.
Falconry Permits
Falconers with proper state and federal falconry permits are allowed to possess feathers and parts from birds they legally hunt for falconry, including some owl species.
However, these permits come with strict rules and oversight. The average person who simply wants to keep an owl feather they found is unlikely to qualify for one. And they do not allow commercial sale of protected migratory bird parts.
So for most people, getting a permit to legally keep owl feathers is not a realistic option. The permits are intended for specific educational, scientific, cultural, and falconry uses only. If you simply want to collect a feather, it’s best to take a picture of your find and leave it be.
Can I buy owl feathers from someone?
No, you cannot legally buy or sell feathers or parts from protected migratory birds like owls. The sale and purchase of owl feathers and parts is prohibited under the MBTA, even if the seller claims they are legally obtained.
This includes:
- Sale or purchase across state lines
- Sale or purchase within the same state
- International import or export
- Online sales, such as through eBay
Purchasing an owl feather requires proof that both the seller and buyer have permits allowing them to participate in the transaction. And commercial trafficking of protected wildlife carries harsh penalties.
Some common-sense exceptions do apply. For instance, native crafts made with legal feathers obtained through tribal rights can be sold. Museums can buy and sell specimens that were collected prior to the MBTA’s protections. And enrolled tribal members may be able to exchange certain feathers among each other.
But the average person cannot legally buy an owl feather from another random person or business. Any sale or purchase involving protected migratory bird parts is illegal without the proper permits. So it’s best to avoid buying feathers, especially online, no matter how the seller describes them as “legal.”
Can I use an owl feather I found for anything?
Possessing an owl feather limits what you can legally do with it. Even if you obtained it legally through a permit or other authorized means, there are rules on how migratory bird parts can be used.
Here are some examples of illegal uses of owl feathers:
- Selling or gifting it to another individual
- Using it in artwork or crafts for display or sale
- Making jewelry with it
- Mounting it on a wall plaque or display case
- Gluing it to a dreamcatcher
- Weaving it into regalia for personal use
Scientific or educational institutions may be able to use feathers for public exhibits under certain permits. But personal uses are very limited to prevent commercial trafficking.
Possessing owl feathers also requires proper storage and documentation. You cannot simply keep one wherever you like. In general, it’s advisable not to collect any owl feathers you find to avoid issues around possession and use.
Ethical considerations of collecting owl feathers
Beyond being illegal, there are ethical reasons to avoid collecting owl feathers you stumble across:
- It disturbs owls’ natural habitats
- It impacts owls’ use of feathers for insulation and flight
- It can decrease nesting success if used feathers are removed
- It disrespects wild birds and ecosystems
Owls and other wild birds rely on their feathers staying where nature intended them to be. Removing feathers interferes with birds’ abilities to thrive.
For instance, owls need light, insulating feathers to regulate their body temperature. Taking these feathers could expose owls to the elements. And removing feathers near a nest might allow predators to more easily spot eggs or chicks.
Some cultures also teach that feathers carry birds’ spirits and should be left where they fall out of respect.
Ethically speaking, allowing feathers to remain undisturbed preserves owls’ wellbeing and keeps human interference to a minimum. If you find a feather while birding or hiking, take a photo or admire its beauty, then let it be.
Alternatives to collecting real owl feathers
Instead of trying to collect feathers in the wild, there are several alternatives if you want to admire owl feathers:
- Use high-quality photographs, prints, or digital art featuring feathers
- Obtain legal taxidermy mounts or owl pelts from authorized dealers
- Visit museums to see educational displays of feathers and specimens
- Look for legal ethically-sourced feathers from non-native species
- Purchase realistic replicas or synthetic feathers
These options allow you to study and enjoy owl plumage without disturbing wild birds or breaking the law. Appreciating photographs or artificial feathers helps satisfy the fascination with owls in a sustainable way.
And nothing compares to observing live owls in nature, watching their graceful flight and dazzling feathers in action. Ethical owl tourism provides this experience without interference.
Conclusion
Finding a feather shed by a wild owl can be a breathtaking experience. However, it is illegal to keep or collect owl feathers in the United States without proper permits under the Migratory Bird Treaty Act. This prohibition applies to all native owl species, regardless of whether the bird is alive or dead. Substantial penalties exist for possessing owl feathers without authorization. Beyond legal issues, collecting feathers raises ethical concerns about harming owls and their habitats. If you find an owl feather while exploring the outdoors, take a moment to admire its beauty, then leave it undisturbed. This small act helps protect owls and connects us to the wonder of nature.