It is strictly against state and federal laws to possess birds or parts
thereof (including nests), except for (1) game species (not sure if you
need to have a hunting license on hand for the year you bagged your
pheasant mounted on the mantle) and (2) unprotected species, of which we
have Rock Dove, European Starling, and House Sparrow. All you educators out
there can do what you want with these species (none of them have an easily
acquired typical bird nest, unfortunately).

Educational institutions (universities, museums, schools) and groups (local
Audubon societies, for example) can possess bird specimens, as far as I can
understand the law. This doesn't mean that these groups can *collect* them,
of course; that is restricted to museums and certain researchers. And
*individuals* cannot do so; the law is explicit.

Many people pick up dead birds, hold them in freezers, and eventually get
them to the nearest educational intitution, an illegal act that has not so
far resulted in prosecution by wildlife enforcement people, to my
knowledge. That doesn't mean that it couldn't happen, but I would expect it
only as an aberration (an overzealous enforcement officer) at this time. Be
warned, though, that a robin egg or flicker feather in your possession is
contraband. It sounds scary, doesn't it? It is. Don't brag about it and
don't encourage children to save such things without understanding the
law's involvement.

The law was made with very good intention, and we need it to counter the
rampant illegal killing of birds and other wildlife that occurs. The
wildlife officer will ask "how do I know you didn't shoot that flicker?,"
and all you can say is "trust me." Remember that the deer poacher can say
the same thing about a piece of deer hide. But I still wish there could be
a bit more of situational ethics built into the law, so people who don't
fit the profile of flicker poachers wouldn't (couldn't) be prosecuted for
possession of those feathers. As I said, it's not being done (yet).

It's a shame that the rest of us are affected by this, but we're not as bad
off as we might be. In some European countries, it's now illegal to collect
insects; thus little kids can't go out any more and put beetles in a jar to
learn more about them. This doesn't stop, of course, the wholesale
slaughter of insects on car windshields and in crop fields, gardens, roach
traps, etc. It's also illegal to collect insects in a national park in this
country, but at many of the campgrounds people in trailers put out bug
zappers, to which no one has objected, and--at least in Everglades NP--I
remember they used to have wholesale mosquito-control spraying. It's
ludicrous, but it's also very disturbing. It's Big Brother at his worst.
The entomological community is very worried about the proliferation of
regulations tht affect insect collecting and collections.

As for reuse of nests, many birds do reuse them, mostly large birds but
even small ones when the nest holds up through the winter. So if you knock
down those unsightly Barn or Cliff swallow nests, you are indeed making
more work for the birds next spring. However, any nest that's really ragged
or has fallen out of its place of construction will not be reused. Nor will
bird feathers.....except by other birds in their nests.

Dennis Paulson phone: (206) 756-3798
Slater Museum of Natural History fax: (206) 756-3352
University of Puget Sound e-mail: dpaulson at ups.edu
Tacoma, WA 98416