As Mark mentioned, last year a bunch of concerned Netizens, myself included, monitored the auctions for items in violation of the Migratory Bird Treaty Act and reported them to eBay and the Fish & Wildlife Service. The number of illegal auctions we were finding and reporting helped us to convince eBay to revise its poorly-worded policy statement to ban virtually all sales of stuffed wild birds, in whole or in part, and their nests, eggs, etc. The revised policy reads thusly:
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Stuffed Birds
With a few specific exceptions (see below), mounted ("stuffed") specimens of any wild birds, parts of any wild bird, or the nests or eggs of any wild bird may not be listed on eBay. The Migratory Bird Treaty Act prohibits the sale or barter, in whole or in part, of virtually all bird species native to the United States, including (but not limited to) hawks, eagles, owls, shorebirds, seabirds, wading birds, songbirds, hummingbirds, and legally hunted migratory game birds such as ducks, geese, and cranes. Native American items containing feathers or other parts of protected species are not exempt from the provisions of the Act and may not be listed on eBay. For complete lists of species, see the U.S. Fish & Wildlife Service's list of birds protected by the Migratory Bird Treaty Act.
Exceptions
* Mounted specimens of captive-bred, properly marked Mallard ducks may be sold if the seller clearly states in the item description that the specimen was captive bred. No other captive-bred native waterfowl species may be sold without permits obtained from the U.S. Fish & Wildlife Service. Sale or barter of legally hunted wild waterfowl and migratory game birds, including (but not limited to) ducks, geese, snipe, woodcock, cranes, and doves, is prohibited by federal law.
* Mounted specimens or parts of legally hunted upland game birds, which include quail, turkey, pheasant, and grouse, may generally be listed on eBay if not listed or sold in violation of the state wildlife laws of the states of the buyer or seller.
* Mounted specimens, feathers, and eggs of captive-bred, non-endangered non-native birds such as ostriches, emus, exotic pheasants, Mandarin ducks, guinea fowl, peafowl, and most parrots may be listed on eBay if not listed or sold in violation of state or local laws applicable to the buyer or seller.
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So, though these specimens are not in violation of the MBTA, they are in violation of eBay policies. With several complaints having been registered already, the auction should be cancelled shortly.
