legality question

Submitted by possumking on 02/26/2004 at 20:44. ( ) 67.200.12.222

I recently went on a trip for sea ducks. A told a guy I know I would give him an eider for his collection. Now he wants me to mount it for him. What are the laws on this situation? It would be a gift to him but then I would charge for the mounting. Thanks.

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many guys

This response submitted by Bill Yox on 02/26/2004 at 21:14. ( ) 209.130.132.101

Would steer clear of that, just because of how it could look. Id call att. Mike Orapallo in Syracuse NY on it, or one of the more knowledgeable bird men in here.


Should be OK

This response submitted by Raven on 02/26/2004 at 21:16. ( ) 24.150.166.254

You are allowed to give birds like this as long as he has a valid same license and you deliver at his or your 'abode' (ie home). SO - you hand it to him and "here ya go dude - enjoy!". Now that it's his - if you are a federally licensed taxidermist legally permitted to mount migratory birds - you take it - fill out all the appropriate paperwork, tag it, enter it into the books and charge your fee.

Still contact the USFWS just to double check, but this one seems pretty straight forward =)


Raven that sounds risky.

This response submitted by Todd B on 02/26/2004 at 21:59. ( ) 171.75.96.211

Do you really think that sounds like a legitimate deal. I would not touch that one with a ten foot pole. I would take Bill's advice and give Mike a call.

Todd B


Trouble

This response submitted by Tony Finazzo on 02/26/2004 at 22:09. ( finazducks@aol.com ) 198.81.26.46

I've been told by fish and wildlife agents that. giving someone a duck and than mounting it is illegal. Ofcourse you don't get the same answer from any two agents. I would recommend you don't do it. But the ultimate choice is yours. Try to stay away from gray areas. They can come back on you.
Tony


I wouldnt touch that one.

This response submitted by mike on 02/27/2004 at 07:55. ( ) 65.222.30.34

Your going to have to mount that one for free, or not at all. That is an interestin senerio though. Call the DNR and ask them? Even if it wasnt planned that way you could have a problem with it if the guy tells someone that he bought it from you, although he didnt in some eyes it will look like he did.


I wouldn't touch it with a 39 1/2 foot pole!

This response submitted by marty on 02/27/2004 at 09:23. ( ) 67.173.51.16

But then again, I'm just a fish guy!

I do know that this exact same question came up with a CPO here in Illinois and another taxidermist I know - concerning giving away fish and charging only for the per inch price. Since selling fish is of course illegal. This particular CPO said that that it "should" be legal.

But, I know others that have said otherwise. I wouldn't bother, it's simply not worth the risk.

Don't you just love all them "gray areas" in the old taxi handbooks?


No, It's not illegal but...

This response submitted by Bill K. on 02/27/2004 at 09:53. ( klager@nvc.net ) 64.68.174.97

.... a warden with a bug up his but can make your life a living hell if he wants to. I would be amazed if you could find one that told you that it was legal. I would also be amazed if you found one that could tell you what law you broke by doing it.

If you offer him the bird with the condition that he has you mount it for a fee, then that's a barter and its illegal. If you just give him the bird with no strings attached and he subsequently brings it back for you to mount for a fee then that's OK. The question is.... do you think you're going to be able to prove that in a court. It's unlikely. Answer me this.... Can you mount it for him if a different taxidermist gave it to him?

The law was not intended to prevent you from the scenario that you are in. The law was intended to prevent the over harvest of migratory birds. Unfortunately, many Game wardens feel that the laws were made so they can give out citations.

No, it's not illegal and more importantly.... it's not wrong! But, you'll probably get in trouble for doing it unless you've got a lot of money to defend yourself. Such is life.


Bill K.


What about hobbyists

This response submitted by Tommy Crow on 02/27/2004 at 12:40. ( tommy.crow@seguingazette.com ) 64.218.41.230

I am not a federally licensed taxidermist, but I only do my own stuff. Am I required to have this license to mount ducks?


Tommy Crow

This response submitted by Coyote on 02/27/2004 at 13:48. ( coyote@wideopenwest.com ) 69.14.156.33

It really depends in which state your in. Here in Michigan you can mount anything you have hunted. But then again if you start doing a few birds for a few friends and the DNR finds out, thats where the problems start. It is also a good idea to keep all your hunting licenses, and duck stamps. Just to prove you were legal. All in all if your only doing it as a hobby you should be ok.

Coyote


Thanks, Coyote

This response submitted by Tommy on 03/01/2004 at 12:34. ( ) 64.218.41.230

Figured it was probably OK (BTW, live in TX). Thanks.


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