If you are going to pursue the making and wearing of artifacts and clothing of the Native Americans you need to be aware that it is AGAINST THE LAW, both Federal and State, to have in your POSSESSION (much less to sell or trade) in illegal feathers or endangered species. It is also against National OA and BSA policy to have or use any such feathers or parts of endangered species at any BSA or OA event, including Lodge, Section, Region and National events such as Conclaves Fellowships and NOAC.
The Federal law makes it a FELONY to possess illegally protected bird feathers (or other parts such as claws, heads, etc.) Violations of the Migratory Bird Act (Covers Hawks, Owls, swans, geese, buzzards, bluejay, etc.) can result in fines up to $2,000 and 2 years in prison. Violations of the Bald and Golden Eagle Protection Act carries a $5,000 fine and one year in prison for a first offense(doubles for second offense). Violations of the Endangered Species Act carries a maximum penalty of $20,000 and one year in Prison. Besides these Federal punishments you can also be punished in State Courts for the SAME violations with similar penalties. If you are transporting illegal feathers in your auto, it can be seized by the government, like in drug cases. Transporting across state lines in another offense separate from the possession. If you are convicted of a FELONY, there are other consequences: You probably won't be able to join the Armed Forces, be a teacher or public employee, hold public office, own a firearm, be an Attorney, etc. IT IS A SERIOUS MATTER, so you must learn about the LAW so as not to violate it.
The Federal Government first protected the Bald Eagle in 1940 and the Golden Eagle in 1962. Numbers of birds had seriously declined--mostly from the effects of DDT (now banned). In 1972 the Migratory Bird Act protected migratory birds, including buzzards, owls and hawks. The Migratory Bird Act offers protection to all wild birds commonly found in the U.S. (MOST every bird), except sparrows, starling, feral pigeons, and resident game birds such as pheasant, grouse, quail, turkey, etc. Some birds covered under the Migratory Bird Act can be lawfully hunted and possessed during specified periods with proper licenses and stamps, such as geese, swans, ducks, etc. However, they may not be sold. I would suggest keeping records of such licenses, etc., if ever questioned. As a basic rule of thumb, if you can purchase the items--grouse tails, turkey feathers, goose wings (domestic), in a catalogue, it will generally be safe to have FEDERALLY. However note States have their own laws--in N.C. you cannot sell wild turkey feather or parts, or red fox or any deer parts (technically including buckskin), Ohio and Washington have prevented sale and even possession of Pheasant feathers, so you need to check, specially if you travel, what each of the state laws are. The Endangered Species Act further protected some birds, as well as a number of mammals, such as whales, bears, etc. This can also cause some further problems, so be aware of this.
Each of these laws has a grandfather clause--that is bird parts which were taken or possessed prior to the act are technically legal to POSSESS--they are NEVER legal to Sell, trade or barter. So if your grandfather had a stuff eagle from 1925 in his attic, it is legal to possess it and use it, but you cannot trade it for a new bicycle or sell the feathers in your OA lodge. Even items documented from the 1800's cannot be sold. The catch here is that it is impossible to date feathers scientifically, so if you have pre-law feathers or parts, you may have to prove they are legal in court, so get affidavits from the person who obtained it with dates, old photographs, receipts, in case of question Get prepared in case of questioning by authorities. And even if legal you cannot use any feathers from protected birds at OA or BSA events.
So, if this is so, why do I see so many illegal feathers at a PowWow? Well, they could first of all be pre-law feathers and legal. Secondly, Native Americans who are tribally registered , because the use of protected parts is part of their religious beliefs, can apply for permits, and can request feathers from the National Bird Repositories to legally use. Or for Educational or Scientific purposes you can go through the permit process to be allowed to receive limited bird parts or items of protected species, but this is limited, requires a lot of documentation and is not generally available to individuals. Lastly, some people choose to take the risk that they will not be prosecuted or have such deep beliefs about the use of the feather or items that they are willing to risk prosecution. You can choose to take the risk, but at least you should be fully aware of the consequences.
Can you use feathers from a hawk you found on the side of the road? NO. It is still illegal. You are into Falconry, and have a permit for a red tail hawk which you keep in captivity. Can you wear the molted feathers? No, it is still illegal. You go to a flea market and there is an Indian made silver bolo tie with a bear claw. Can you wear it? Not if a protected Bear(and you can't buy it in N.C. as it is protected). You see an Alligator skull in Colorado, where they have no native alligators. Can you buy it? Not unless it has the proper tags attached which document it was taken with permit and not unless Colorado allows you to purchase--some states prohibit sale of species which are not native at all. Your cat drags in a blue jay he killed in the backyard, can you use it? NO, it is protected by Federal (Migratory) and State Laws (ALL songbirds are protected in N.C.).
So now that you know what you can't use and how severe the penalties are, how can we build an Indian item without using illegal parts or feathers? First you need to research--what were the type of feathers used in that bustle you wanted to replicate? What other feathers come close to the same look? A lot of captive species--game chickens, cocks, geese, turkeys, peacock, etc., can closely resemble their protected cousins. Look for these feathers as a good source. Dying feathers in a color can also make it look different. Lastly, you can handpaint or dye feathers such as swan, duck, goose or turkey to imitate eagle, hawk and owl. Many trading posts carry hand-painted imitation feathers you can use. Feathers can also be constructed from contact paper, photostatic or photographic copies, etc., which can be used. So do not despair--you can construct quality items of dance regalia or artifacts which will fool everyone even close-by and not violate the laws and face the harsh consequences. And remember that you have to do so if you plan to use these items at
OA or BSA events as protected species parts, even if legal, are not allowed at OA and BSA functions. (See BSA Special Interest Release Policy statement of August 1975 made in response to searches, seizures and arrests at OA functions, including here in N.C.) As long as demand for feather and other bird and animal parts exist, there will be unscrupulous people who will try and meet that demand by killing protected species so as to sell the parts. That does go on in the world today. BE AWARE! If you are approached by someone who wants to sell you illegal feathers, do not do so. He could very well be an undercover agent waiting to arrest you. If some one comes and asks you to sell or obtain for him illegal bird feathers, refuse to do so and get him out of your camp. Be safe and smart. If you comply with the laws, you won't ever have to run throughout he woods when a PowWow is being busted or wonder who that person is taking your photograph. It is a feeling of safety not to have to worry.
If you have any questions, you can address them to Ed de Torres,
Indian Affairs Adviser, 21 W. 8th Street, Newton, N.C. 28658.