Laura Erickson's For the Birds

EBay birds

Although the Migratory Bird Act was passed almost 90 years ago, a shocking number of American citizens still don’t realize it’s illegal to sell native American birds, or their eggs, feathers, or nests. Recently, some of the people on the Internet Bird Chat have been discovering eggs and nests for sale on eBay. During the period from June 17 through July 15, one bird chatter tracked 54 eBay auctions selling 67 nests of native birds. Thanks to people notifying sellers of the laws protecting native bird nests, only 17 of those auctions went to completion, with only 11 of them actually ending with bids. The highest price for a single nest was $15.50. One set of 4 nests sold for $41.00 total. It would be bad enough if these nests were salvaged during winter from the previous year, but these sales are taking place during the height of the nesting season.

The sellers show a disturbing ignorance of birds as well as the law—at least two nests being advertised as hummingbird nests are clearly not, based on the photos. One Charlotte, North Carolina seller who goes by the name “toad08” wrote in a listing of bluebird, wren, titmouse and chickadee nests that “These birds live in my yard all year round and [are] not migratory birds.” But the Migratory Bird Act protects all native American birds. It’s a misdemeanor to possess birds, feathers, nests, or eggs. But it’s a felony to actually sell them—a felony with a maximum sentence of 2 years in prison and a fine up to $250,000.

Several people have written to eBay about stopping providing the vehicle for this illegal practice, but the people who run the site and profit from the sales refuse to police it. The U.S. Fish and Wildlife Service and several state DNRs have been notified, but thanks to the anti-tax movement, there simply isn’t enough funding for these agencies to do their work. One particular eBay seller has sold 3 nests since June 17, and is working on a fourth and fifth right now, despite repeated notices from several people that this is illegal. And eBay, apparently, is unable or unwilling to follow through on reports of these federal and state law violations.

The laws protecting birds in the United States were developed because people were selling bird feathers, nests, eggs, and whole bodies, to the point that some species were brought to the brink of extinction. Right now, if current eBay sales are any measure, there isn’t an enormous trade in nests, but the brazenness with which people are selling them, with absolutely no repercussions from the agencies charged with enforcement, bodes ill for the future. If you’re an eBay user, let them know you’re concerned about this practice. And write to your state and federal representatives to let them know you want to see important conservation laws enforced before this dangerous practice becomes more commonplace.