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I would like to take a stab at summarizing all of this and putting things into perspective. My credentials for this are that I spent 28 years of my life trying to ensure that the CEO of the major utility company I worked for did not go to jail, or the company have major high dollar pieces of equipment confiscated to be sold at public auction, because of the screw-up of a line crew over a "protected" bird.

First, as much as I dislike PETA, they had absolutely nothing to do with the international Migratory Bird Treaty Act. It was the U.S. Fish and Wildlife Service and it's counterparts in Mexico and Canada. (PETA wasn't even as much as a gleam in anyone's eye when the Treaty was initially signed--1916.) My best recollection is that the treaty was last revised in 1957, and was signed by four more Nations at that time, bringing the total to seven. At this time, it was agreed that the migratory bird species other than those hunted for sport needed to be included in the Treaty. To simplify what could have been a very time consuming and costly exercise to add birds species by species, it was decided by the parties to essentially include all birds, and to allow each Nation to exclude birds under their jurisdiction that they deemed pests. There are only three non-protected species in the US: starlings, house sparrows and pigeons; all of which have been brought to this continent by Europeans. Because some migratory species can be devastating to agricultural crops, and now fish farmers, the treaty allows for control of nuisance species. To exercise this "right", one has to get both a Federal and a State permit. In Texas, the State wildlife agency won't talk to you until you have the federal permit in your hot little hand, and getting the federal permit is like pulling hen's teeth!!!

Under the terms of this Treaty, it is a violation to have, hold, buy, trade, sell, transport, disturb or possess any part or parts of any on the protected species, including nests, eggs and feathers. The ONLY exception to this is the possession of legally taken migratory game birds during a legal season and by legal means. It is this exception that allows for the taking and keeping and using of waterfowl feathers, most notably Woodduck. It is unlawful to pick up molted feathers, or those from a bird that died of natural causes.

With all of that having been said, in my case interesting feathers of local birds lying on the ground are like Medjool Dates in the open box in my local supermarket, they need to have a "quality control test" performed on them periodically. With a little discretion, the testing can be done. Just don't hand the Produce Manager the pit to discard for you!!!! Need I say more?

Frank Schlicht

Ed:

I am on your side. If I had such a nuisance, I would solve the problem and not look back. As I said before, "...just don't give the pits to the produce manager to dispose of."

I suspect you may have starlings rather than grackles as grackles are typically birds that nest in open areas in trees and shrubs. On the other hand, starlings are notorious for getting into attics, bird houses, horizontal traffic light arms, etc. to nest. If they are in fact starlings, you are home free.

If they are grackles, just be aware that the penalties could be harsh, and that the woods are full of zealots just dying to turn someone in. (I know of two real horror stories, one here in Houston some years ago, where such zealots played havoc.)

Good Luck, and KEEP A LOW PROFILE!!

Frank Schlicht

PS: Don't show your feather collection to anyone!!!!!