Here is a question I am not clear on.
The Feds gave my two different answers, so someone here knows I am sure.
I have the Fed M.B. permit.
I have the papers from purchasing the birds.
I know I can sell them.
Here is the clicker.
I wish to put these out on consignment for sale.
Does the place I will retail them through also need a Waterfowl permit?
This is strickly retail sales. (NO PICKUP)
I have one Fed that says they also need a permit.
the other says no since these are consignment birds.
Who knows?
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No brainer - the law clearly states and its been posted here before that posessing the birds, even transporting them or CAUSING them to be transported requires proper paperwork. A USFWS guy walking into the sellers shop has no proof that those birds are there legally. You MIGHT be able to get away with having the shop owner maintain a photocopy of all the appropriate paperwork. He must have something tho I'm not sure he requires his own specific license. Your best bet is to write a physical letter (not email) to the USFWS and ask them if a photocopy of your paperwork will suffice, then keep a copy of that letter and the response with the paperwork at his shop. For you to say "Well a guy on the phone told me I didnt need papers since its consignment"... they've heard that line before I'm sure. Having the physical proof there is far better. Hope that helps.
I sell, breed and mount waterfowl. When you purchase a duck you are given a sales permit for migratory birds. It will state the name of the breeder/seller, birds purchased and number of each. It will also contain your name as the buyer. You may mount and sell these birds. Whoever actually has physical possession of them MUST have this sales document and whoever buys them MUST get the original sales document upon purchase. If, therefore, you are buying and mounting numerous specimens, it is advised that you get a sales permit receipt for EACH bird you purchase, or for each pair, etc.,...COPIES ARE NOT ACCEPTABLE anytime you are dealing with the feds or migratory birds.
Simply put - the original paperwork must always be with the bird no matter who has it/them.
Damn, what did you guys read into my post. Or did ypou not read it. LOLOLO
Yes I know, the birds must have original paper work. Thats not even the question.
The question is "Does the retailer need the same permit I have?"
"Or since the birds will be there on consignment will a copy of my FEDERAL PERMIT SUFFICE?"
The consignment store will be making a commision at the time of sale.
Raven, you did not need to respond to this question, bottom line you don't F*&^%$ know! You don't deal with the U.S.F&W. Service in this regard.
Rob, thank you for your input. I thought maybe someone had been dealing with this situation.
JOhn C
John the emotion and mock profanity was uncalled for and immature. If you dont like the advice - don't listen to it. The way you conducted yourself was unprofessional and entirely uncalled for.
This is absolutely the answer to your question..............
WHEREVER the bird(s) is(are) the federal permit has to be with each bird - consignment or not ! I have to assume that you breed these birds and are putting them down, mounting and selling them. Once they are mounted and placed on consignment, you must fill out the paperwork just as you normally would if you sell a live bird. That piece of paper will have to follow that bird all the rest of its days no matter who has it. A copy of your migratory bird permit will not suffice if the store they are on consignment with gets checked. Both you and the store will be in violation. This could result in you loosing your permit, as well as, all of your birds. Both you and the store could also be prosecuted and fined. So here is how to do it...you take say a pair of woodies and mount them in a nest box scene. You fill out a sales permit receipt and attach it(temporarily) to the mounted birds. You place this into the store on consignment. When it is sold, the sales permit goes with the mount. If that buyer sells it later, the paperwork follows it and so on and so on. Wherever those birds go, the original sales receipt must go with it. I understand your question about using a copy of your migratory bird permit. NO - YOU CANNOT DO THAT because you would no longer have physical possession of those birds; the store where they are on consignment would have them and it then becomes their liability to prove where they got them - thus the sales permit from you. I hope that clears it up for you. I mount my birds when they perish or get to old for breeding and sell them at various auctions. I'm with them at auction sometimes, but if I'm not, I fill out a sales receipt for each bird I send. It does not necessarily have to be made out to anyone in particular. But if I know the buyers name ahead of time - I fill it in.
NO - the retailer DOES NOT have to have the Federal Migratory Bird permit that you have to have to raise these birds. They need only a sales receipt from you allowing them to possess them.
NO - the retailer DOES NOT have to have the Federal Migratory Bird permit that you have to have to raise these birds. They need only a sales receipt from you allowing them to possess them.
I too got 2 different answers about this from the USFWS guys I know. The one you would most be interested in said YES the store does need it because they are involved in the retail sale of it and are NOT the end buyer. Consignment or not - they are on the selling end of the transaction. He also said that this is an area greatly overlooked; the fact that ANYONE selling a migratory needs the license. If the person who buys it gets bored of it or needs money etc., not only does he have to include permits declaring the origin of the bird with the actual birds - but that person THEN needs to get a license to sell them! Look at this way; yes the birds are legal to sell - but ONLY by a licensed migratory seller. Whether you are a taxidermist, a consignment store - or a guy with an avergae Joe with a nice mount that you no longer have room for - you must be licensed to sell those birds and those birds must have proper papers. NOW - the other guy I talked to said no they dont need it. I'd be siding with the first guy - seems you're better protected that way =)