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The precise language in the MBTA states:
Unless and except as permitted by regulations made as hereinafter provided, 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 in part, of any such bird or any part, nest or egg.
As you can see from the above stated legal language, migratory birds are highly regulated. While some, such as waterfowl, can be legally hunted and possessed, there is no such provision for raptors. Eagles, ospreys, hawks, falcons, kites, owls, vultures and all other native North American birds of prey are strictly protected, to include a prohibition against the taking or possession of their parts such as feathers or talons. The only exceptions generally allowed for individuals to these prohibitions require permits from the U.S. Fish and Wildlife Service. Educational and scientific institutions are exempted from most permit requirements.
Penalties for violations of the MBTA can go up to $15,000 and 6 months imprisonment for common violations. The sale or barter of migratory birds is a felony with penalties up to $500,000 and 2 years imprisonment.
Unless and except as permitted by regulations made as hereinafter provided, 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 in part, of any such bird or any part, nest or egg.
As you can see from the above stated legal language, migratory birds are highly regulated. While some, such as waterfowl, can be legally hunted and possessed, there is no such provision for raptors. Eagles, ospreys, hawks, falcons, kites, owls, vultures and all other native North American birds of prey are strictly protected, to include a prohibition against the taking or possession of their parts such as feathers or talons. The only exceptions generally allowed for individuals to these prohibitions require permits from the U.S. Fish and Wildlife Service. Educational and scientific institutions are exempted from most permit requirements.
Penalties for violations of the MBTA can go up to $15,000 and 6 months imprisonment for common violations. The sale or barter of migratory birds is a felony with penalties up to $500,000 and 2 years imprisonment.
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