By Stephen Cook
Mr. Cook is Head Curator at the MPMRC.
Native People throughout North America have been using feathers for religious, artistic and social expression for thousands of years. In the Eastern Woodlands, as elsewhere, birds have always played an important role in Native life. The golden eagle was and continues to be regarded as a sacred bird, and in many cases only certain worthy individuals could handle its feathers. While eagles and hawks are the most universally recognized, other birds such as herons, cranes, loons, snipes and woodcocks were important clan symbols. The falcon and the ivory billed woodpecker were both powerful spiritual symbols associated with warfare by the Mississippian Culture of the Midwest and southern Great Lakes regions over twelve hundred years ago.
Bird feathers have been worn and used in a variety of ways by Native people in the Eastern Woodlands. Eagle and other birds of prey feathers are used in the construction of regalia worn at powwows and other ceremonies where they are an integral part of fans, bustles and head dresses. On the east coast, turkey feathers historically were woven into beautiful capes. Other feathers are attached to dance sticks, society staffs, dream catchers and other works of art. The use of these feathers is strictly regulated by the federal government, and is reserved for Native American religious and cultural purposes and for specified research purposes.
The United States of American has a number of federal laws which prohibit the possession or use of many bird feathers. These laws are designed to protect various bird species from the indiscriminant hunting that was common during the nineteenth and twentieth centuries. The Bald Eagle Protection Act was established in 1940 and later amended in 1962 to include golden eagles. This law makes it illegal to kill, possess, sell, purchase, barter, offer to sell or purchase or barter, transport, export or import at any time or in any manner a bald or golden eagle, alive or dead; or any part, nest or egg of these eagles. Each separate violation carries up to a $5,000 fine and one year in prison. Federal Fish and Wildlife officers do not have to have a warrant to search, seize or arrest anyone whom they believe may be in violation of this law.
There are specific exceptions to this law for which federal permits may be obtained from the Fish and Wildlife Service. Scientific institutions, public museums and zoological gardens may acquire Eagles or parts for education and exhibition. Farmers and livestock owners can kill eagles that they can prove are damaging their livestock. Lastly, Native Americans enrolled in federally recognized tribes may legally possess eagle feathers and other parts for use in religious ceremonies. This last provision mandates that these feathers be obtained, via permit, from a central distribution office in Colorado, and can not be sold, bartered or given away to anyone other than another enrolled member of a federally recognized tribe. There is also a “pre-act” clause to the law that allows for the possession of Bald eagles acquired before June 8, 1940 and Golden eagles acquired before October 24, 1962. However, this clause does not allow for the selling, trading or bartering of these birds or their parts.
Eagle feathers are not the only ones regulated under federal law. Many other bird species are protected by the Migratory Bird Treaty Act, really a series of agreements with Canada, Great Britain, Mexico and the former Soviet Union signed between 1916 and 1976. These cover just about any bird species found in the United states, including hawks, owls, falcons, sparrows, seagulls, chickadees, herons, hummingbirds, doves, jays, and crows. As with the Bald Eagle Protection Act, this law prohibits the taking, killing, possession, selling and barter of these birds or their parts. Exceptions are made for some traditional game birds such as Canada geese, rails, snipes and most ducks, which are regulated through hunting permits and stamps. Other exceptions are regulated via permits which allow for scientific collections, falconry, breeding programs, taxidermy and special cases. In addition to these two monumental laws, many species are also controlled or protected by The Endangered Species Act and various state laws and regulations.
Summaries of these laws and others pertaining to protected species can be found at the website for the U.S. Fish and Wildlife service (http://birds.fws.gov/Laws.htm). There are a few feathers that are legal to own and use on Native American art intended for sale. These come mainly from domestic species of turkey, duck, chicken, goose and pheasant. There are also some very well made reproductions: domestic goose or turkey feathers hand painted to resemble eagle and hawk feathers. This article is in no way intended as legal advice, I highly recommend that you contact your federal or state wildlife officer with any questions pertaining to feathers and their legal use.
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