Odd question

[Mosey]

What is the name of your state (only U.S. law)? AR


I have a small business manufacturing duck and game calls. Some of the calls are cast plastic with inclusions in them. I want to do feathers. i.e. duck.

My question is this. In my limited translation abilities, according to the U.S. Fish and Wildlife Dept 50 CFR § 20.91 Commercial use of feathers:

Any person may possess, purchase, sell, barter, or transport for the making of fishing flies, bed pillows, and mattresses, and for similar commercial uses the feathers of migratory waterfowl (ducks, geese, brant, and swans) killed by hunting pursuant to this part, or seized and condemned by Federal or State game authorities, except that:

(a) No person shall purchase, sell, barter, or offer to purchase, sell, or barter for millinery or ornamental use the feathers of migratory game birds taken under authority of this part; and

(b) No person shall purchase, sell, barter, or offer to purchase, sell, or barter mounted specimens of migratory game birds taken under authority of this part.


Part (A) seems to negate the first statement.

Can someone clarify please?

Thanks

Dave

 

[quincy]

What is the name of your state (only U.S. law)? AR


I have a small business manufacturing duck and game calls. Some of the calls are cast plastic with inclusions in them. I want to do feathers. i.e. duck.

My question is this. In my limited translation abilities, according to the U.S. Fish and Wildlife Dept 50 CFR § 20.91 Commercial use of feathers:

Any person may possess, purchase, sell, barter, or transport for the making of fishing flies, bed pillows, and mattresses, and for similar commercial uses the feathers of migratory waterfowl (ducks, geese, brant, and swans) killed by hunting pursuant to this part, or seized and condemned by Federal or State game authorities, except that:

(a) No person shall purchase, sell, barter, or offer to purchase, sell, or barter for millinery or ornamental use the feathers of migratory game birds taken under authority of this part; and

(b) No person shall purchase, sell, barter, or offer to purchase, sell, or barter mounted specimens of migratory game birds taken under authority of this part.


Part (A) seems to negate the first statement.

Can someone clarify please?

Thanks

Dave

It is difficult to take bits and pieces of a law and try to make good sense of these bits and pieces. What comes before and what comes after can change the meaning.

What you have a question about is a "subpart" of 50 CFR 20, specifically Subpart J. A link to 50 CFR Section 20 is the first link provided below.

The laws that govern commercial uses of feathers are many but 50 CFR 20 contains regulations that relate only to the hunting of migratory game birds and crows. What you also need to be familiar with is 16 USC 703-712 (the Migratory Bird Treaty Act) and 16 USC 742a-j (the Fish and Wildlife Act). I have also provided links to these below.

And, just because they provide easier-to-read information, I have rounded out the first three links with a link to the US Fish & Wildlife Service on Importing and Exporting (which provides information and other relevant links) and that is followed by the Arkansas Game & Fish Commission page on general hunting regulations.

50 CFR 20, Migratory Bird Hunting: http://www.fws.gov/le/pdf/50_CFR_20.pdf

16 USC 703-712, Migratory Bird Treaty Act: https://www.fws.gov/le/USStatutes/MBTA.pdf

16 USC 742a-j, Fish and Wildlife Act: https://www.law.cornell.edu/uscode/text/16/742a

US Fish and Wildlife Service: http://www.fws.gov/birds/policies-and-regulations/permits/import-and-export.php

Arkansas Game and Fish Commission: http://www.agfc.com/hunting/pages/huntingregulations.aspx

You can use certain kinds of duck feathers in your commercial duck and game call business but you must acquire them according to the laws that regulate ducks and their feathers. It is probably far easier for you to contact your Arkansas Game and Fish Commission for direction on the types of ducks and duck feathers you can use legally than to read through all I have provided for you to read, but the information is there for you if you are exceedingly bored.

 

[Mosey]

Thank you so much for your time.

 

[quincy]

Thank you so much for your time.

You're welcome, Mosey. Thanks for the thanks.

Good luck with your business.