Good news, Fish and Wildlife has given me the go-ahead:
Claire: You can legally possess and display the hats and/or hat-making supplies. Iwould suggest in the literature you provide about their history (andconservation information about the birds) that you also mention these arepre-Act items (the birds were taken out of the wild prior to protectionunder the Migratory Bird Treaty Act or "MBTA"). The Act was first signedin 1918. There have been several amendments (the last adding all raptorsin 1972) which included different groups of birds. If these items dateback to the 1800's they are clearly pre-Act, regardless of when the birdscame under protection. You can possess or donate them, but not sell, tradeor barter them; or offer to sell trade or barter them. If you cannot work this information into your re-enactments, at least beprepared to answer the questions that may come up regarding their origin. Below is the citation in our Code of Federal Regulations, Part 21, whichstates that you can possess birds or parts which were acquired prior toprotection under the MBTA. If you would like further information regardingthe Migratory Bird Treaty Act and permits required to possess them, you canvisit our website
http://www.fws.gov/migratorybirds/mbpermits.html Here is the section from the regulations which clarify possession ofpre-Act birds or specimens/parts: § 21.2 Scope of regulations.(a) Migratory birds, their parts,nests, or eggs, lawfully acquired priorto the effective date of Federal protectionunder the Migratory Bird TreatyAct (16 U.S.C. 703–712) may be possessedor transported without a permit, butmay not be imported, exported, purchased,sold, bartered, or offered forpurchase, sale or barter, and all shipmentsof such birds must be marked asprovided by part 14 of this subchapter:Provide, no exemption from any statuteor regulation shall accrue to any offspringof such migratory birds. Tami Tate-HallMigratory Bird Permit OfficePortland, Oregon
