Selling Fishing Flies Made With Feathers or Hair

January 18, 2018

Question: Can waterfowl feathers be used to tie flies that are then sold, as long as the birds were legally taken? How about deer hair or any other animal parts used in fly tying? (John G.)

Answer: It is generally unlawful to sell, trade or purchase any species of bird or mammal – or their parts – found in the wild in California (Fish and Game Code, section 3039(a)) even if legally taken with a hunting license. The intent is to prohibit the commercialization of wildlife, which belongs to the citizens of the state of California and not any individual person to profit from. However, there are some limited exceptions that can apply to the making and selling of fishing flies.

California law does not specifically address waterfowl feathers, but federal law under the Migratory Bird Treaty Act does. It says 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 (Code of Federal Regulations Title 50, section 20.91).

California law also makes another exception that allows for the sale of deer skins or hides of any lawfully taken deer. Deer hides may be sold, purchased, tanned or manufactured into articles for sale (FGC, section 4303). That would cover fishing flies made and sold from lawfully taken deer. And since we’re on the subject of fly tying, elk hair is another popular material used in fishing flies. However, California law makes no exception for elk hides as it does for deer so it would be illegal to use the hair from an elk – even from one lawfully taken with a hunting license – to create fishing flies for commercial sale.