Ed,
Following is a site listing the birds covered by the act you mention.

http://www.fws.gov/migratorybirds/intrnltr/mbta/mbtandx.html

Penguins are not listed.  I guess because they don't migrate.

DonO


----- Original Message ----- 
From: "edward s engelman" <[EMAIL PROTECTED]>
To: <[email protected]>
Sent: Sunday, November 13, 2005 9:16 PM
Subject: RE: [VFB] birdy love


> Deb
>
> It's always risky to jump in when I haven't read many of the previous
posts
> on this subject.
>
> However the Migratory Bird Treaty Act of 1918 and ammendments to it cover
all
> kinds of birds, probably penguins as well.  There are some birds that are
> exempted such as the starling, rock dove and a couple others.
>
> BTW I was told by a NYS wildlife biologist that in NY state I could
> use "found" feathers of legal non-migratory game and birds for fly tying
as
> long as there was no sale (or gifting) of the flies.
>
> Ed
>
> --
> Open WebMail Project (http://openwebmail.org)
>
>
> ---------- Original Message -----------
> From: "Deborah Duran" <[EMAIL PROTECTED]>
> To: <[email protected]>
> Sent: Sun, 13 Nov 2005 22:55:08 -0500
> Subject: RE: [VFB] birdy love
>
> > Don
> > I couldn't find anyone who could tell me where it was written
> > either.  It was too obscure when I looked it up in Cites.  I even
> > tried looking it up in Marine Mammals protection ....  I called the
> > New England Aquarium which has several species of penguins and they
> > told me all the species they had at the aquarium were "protected".
> >  Which is the reference I kept finding on the internet but I can't
> > find the law that protects them.  Several websites I pulled up on
> > Penguins and their research in other countries listed them as
> > protected. Australia being one of them. State game departments
> > rarely know the answer to that question.  The aquarium employees
> > were very polite and asked the senior management at the aquarium but
> > unfortunately also couldn't tell me where I could find the law.  I
> > checked with two different branches of the Aquarium (they have one
> > here in Rhode Island).  I got the same answer from both.  Customs
> > should know but they are difficult at best to get an answer from
> > also. Seagulls are protected ....  Why I have NO idea!!!   I think
> > if they're dumb enough to fly in front of a car they should be fair
> > game. When one chokes on a French fry here in the McDonalds parking
> > lot don't ya think we should be allowed to use it for tying??
> > Unfortunately the law doesn't agree with me. You can ask John McLain
> > if he knows this weekend.  He deals with a lot of rare tying
> > materials.  You will meet him at Somerset.  See you soon! Deb
> ------- End of Original Message -------
>

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