#raspberrysquid

[thegreenwolf]

Howdy! I stumbled across a broken link to your WordPress blog where you mentioned your views on people who believe their religious/spiritual practices exempt them from wildlife laws. I'd be very interested to hear your thoughts, since this is a topic I have a hard time getting through to others about. If you don't have the time (or don't want to), don't sweat it! Have a wonderful day ^-^

@raspberrysquid Well, it's something I've primarily run into in the Pagan/etc. arena. These religions, as a general rule, are recently created, though they may seek to emulate older polytheisms to varying degrees. (There are also polytheist reconstructionists who do not consider themselves under the modern Pagan umbrella for varying reasons, FTR, but that's a whole other discussion I'm not going to get into here. The Venn diagram is complex, and not everyone fits under the Big Tent, so to speak.)

The attitude I seem to run into repeatedly is the idea that Neopagan religions should be on an equal par with indigenous American religions with regards to access to restricted items such as eagle or other migratory bird feathers. For example, Lady Suzy Bunnysnuggles picks up a red-tailed hawk feather that a bird molted, and decides that this must be a sign from [insert deity or other higher power here] that she must incorporate that animal's energy into her spiritual practice somehow, and so she takes it home.

Now, there is absolutely nothing wrong with interpreting an encounter with an animal (or its shed bits) as being personally, spiritually profound. However, if Lady Suzy Bunnysnuggles is--like many of us Pagan folk--an American citizen of varying European origins or otherwise not in a federally enrolled* Native American tribe, she is breaking the Migratory Bird Treaty Act (MBTA) which prohibits the possession of almost all native wild bird parts, other than a few exceptions like turkeys. This law is in place because in the latter 19th and early 20th centuries bird populations in North America were being absolutely demolished for both restaurant tables and the feather trade. Since you can't really tell the difference between a feather that was naturally molted, and one that was torn off of a poached bird, the law has a blanket prohibition on possession regardless of origin.

There are some exceptions to the MBTA, and to the Bald and Golden Eagle Act, for federally enrolled people to have access to otherwise prohibited parts for religious or cultural use. However, people like Lady Suzy Bunnysnuggles, when informed of the laws, huff in indignation that they, too, should have religious exemptions, and that they are not, in fact, going to put that feather back where they found it. In fact, they may very well hang it from their rearview mirror or on a ritual staff, in blatant violation of the MBTA, and with the assumption that they will not run across a USFW law enforcement agent or other authority who is familiar with the laws. If pressed, they may claim "Oh, it's a TURKEY feather**!", but they're banking on the idea that no one is actually going to recognize what they have.

My thought on it, as a longtime Pagan of various European descent, is that it's my people who basically screwed up everything for everyone else by coming over here and overhunting species and systematically destroying their habitats. I've been working with hides, bones, and other remains in my practice for over a quarter of a century, and I am totally fine with staying within the confines of various laws. I have plenty of things I can legally work with, AND I am creative and flexible enough to come up with legal alternatives to prohibited items. My traditions are my own, and they don't pre-date me. Indigenous people, on the other hand, have been dealing with over 500 years of physical and cultural genocide, and the previous ban on their possession of eagle feathers and the like is just one more manifestation thereof; reversing that ban and making allowances for feathers/etc. for their spiritual and cultural practices is a TINY piece of trying to undo centuries of damage.

I am not going to try to argue that the erasure of European polytheistic traditions by Christianity many centuries ago affects me in the same way that the ongoing oppression of indigenous Americans affects them. They're not even comparable. Any problems I may have experienced as a relatively out Pagan in the United States are nowhere near in comparison to the immensity of 500+ years of active racism and other violence enacted upon Native American communities by both individuals and governmental entities.

Moreover, if we open exceptions to Neopagans and other followers of modern nature spirituality, then anyone can step up and say "Oh, hey, I'm a Wiccan/Druid/etc., can I have some eagle feathers?" that would then open up a greater demand for otherwise prohibited animal remains, and feed into a still-substantial black market. Therefore, I think it's best if I and Lady Suzy Bunnysnuggles simply find alternative ways to work with the archetypal spirit of Red-Tailed Hawk, rather than argue that our supposed religious oppression is somehow on par of that of indigenous Americans, and use their plight to try to weasel our way out of following a law that is in place to protect wildlife after other white people have demonstrated time and again that they couldn't be trusted to hunt wildlife at a sustainable level. Is it a case of some bad actors ruining things for everyone else? I mean, sure, maybe. But it's one of those things that I've long since made my peace with.

*This is with the understanding that there are also significant problems with federal recognition of some tribes, but not others, and the immense amount of bureaucratic bullshit a group of indigenous people have to wade through just to prove their legitimacy to the BIA.

**I once pointed out to a fellow vendor at an event that some of the feathers on their wares were, in fact, from various species of owl, because the last thing I want is for someone who is simply ignorant of the law to get in trouble, and generally speaking people are pretty cool about removing the illegal bits of their work and grateful that they met me before they met someone who could actually issue a ticket and/or cause trouble for the event runners. This person instead insisted repeatedly, both to me and to event staff, that they were turkey feathers, in such a manner that it was clear they knew what they were but was assuming we all played the "wink wink, nudge nudge, yeah, those sure are TURKEY feathers!" game. Needless to say, they had to take down anything made with owl feathers in order to stay in the vendors' row.