A few weeks ago a co-worker was discussing having a feather from a bald eagle.  I explained he is fine until caught, as it is against Federal Law to possess any part of an endangered or protected animal or species of plant.  

My friend was adamant that the feather was legal to have if it fell to the ground and he just picked it up.  Again I tried to explain that, “No it is not legal to possess any part of the bird no matter how it was acquired.”  I let the matter drop and decided to do some research.

In fact, I was correct.  US Code Title 16, Chapter 7, Subchapter II paragraph 703 goes into detail which prohibits possession at any time, by any means or manner of any migratory bird.  The definition of migratory bird is that it is native to the United States or any of its territories.  Court cases have ruled that any animal, bird or plant that was here when Europeans first came here, it is deemed to be migratory and as such covered.  

Another chapter in the US Code establishes a depository for any bird used for religious purposes by Native Americans.  They must even prove they are a member of a federally recognized tribe.  

Although the bald eagle has been removed from the endangered species list, it is still a symbol of the United States and as such is a protected species.

The US Parks Service is in charge of enforcing the laws pertaining to any protected species.  Although the offense is a Civil Offense and not criminal, the law provides for extremely stiff penalties, in the hundreds of thousands of dollars.

So if you find a protected eagle feather or are tempted to harbor a live protected species, the best thing to do is just leave it alone.  Following is the US Code dealing with migratory birds.  

U.S. Code› Title 16 › Chapter 7 › Subchapter II › § 703
16 U.S. Code § 703 - Taking, killing, or possessing migratory birds unlawful
(a) In general
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, capture, or kill, possess, offer for sale, sell, offer to barter, barter, offer to purchase, purchase, deliver for shipment, ship, export, import, cause to be shipped, exported, or imported, deliver for transportation, transport or cause to be transported, carry or cause to be carried, or receive for shipment, transportation, carriage, or export, any migratory bird, any part, nest, or egg of any such bird, or any product, whether or not manufactured, which consists, or is composed in whole or part, of any such bird or any part, nest, or egg thereof, included in the terms of the conventions between the United States and Great Britain for the protection of migratory birds concluded August 16, 1916 (39 Stat. 1702), the United States and the United Mexican States for the protection of migratory birds and game mammals concluded February 7, 1936, the United States and the Government of Japan for the protection of migratory birds and birds in danger of extinction, and their environment concluded March 4, 1972, and the convention between the United States and the Union of Soviet Socialist Republics for the conservation of migratory birds and their environments concluded November 19, 1976.
(b) Limitation on application to introduced species
(1) In general
This subchapter applies only to migratory bird species that are native to the United States or its territories.
(2) Native to the United States defined
(A) In general
Subject to subparagraph (B), in this subsection the term “native to the United States or its territories” means occurring in the United States or its territories as the result of natural biological or ecological processes.
(B) Treatment of introduced species
For purposes of paragraph (1), a migratory bird species that occurs in the United States or its territories solely as a result of intentional or unintentional human-assisted introduction shall not be considered native to the United States or its territories unless—
(i) it was native to the United States or its territories and extant in 1918;
(ii) it was extirpated after 1918 throughout its range in the United States and its territories; and
(iii) after such extirpation, it was reintroduced in the United States or its territories as a part of a program carried out by a Federal agency.
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