Those who have responded saying yes - even temporary possession of a species protected under the MBTA (or ESA) is illegal are correct. Those who have said that most USFWS law enforcement officers, of whom there are precious few, have more important things to worry about, are also correct. Many years ago, there was even a USFWS Director's Order to that effect - basically, use your discretion and don't waste resources going after an innocent citizen who found a dead bird and brought it to a museum or someone else with a salvage permit.
From the point of view of the museum or the organization with a salvage permit, it is also tricky, particularly if any one individual brings in more than one or two birds. Because the museums don't want to have to worry about where this bird really did come from.
For years, the organization for which I work has urged the USFWS to develop a "citizen salvage" permit to cover this situation. About two years ago, a proposed new regulation pertaining to "conservation education" included just such a provision. The comment period on that regulation closed 20 December 2010. Typically, a final rule is issued within a year of the closing of the comment period. We have expressed concern to the USFWS about the delay in finalizing this regulation, including the "citizen salvage" provision and we hope it will soon be finalized.
FYI, if/when it is finalized, it is likely to read as it does in the proposed regulation:
(ii) The institutions may acquire nonliving migratory bird specimens, except bald eagles and golden eagles, from persons who do not have permits to collect or possess the specimens but who salvaged them. For such one-time salvage activity, the individual will be exempt
from the permit requirement for collection and possession, provided the specimen is promptly donated to an exempt or permitted entity for scientific or educational purposes.
[http://www.fws.gov/policy/library/2010/2010-23342.html]
Ellen Paul
Bethesda, MD
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