I was wondering if I am going to gift someone a shot bird of mine, is it legal for them to just pay the shipping cost?
Thanks
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You cannot exchange money, services, etc. for wild waterfowl. I know there are folks on here that will give you birds if you pay shipping, but it is NOT legal.
the reciever can pay the shipping for migratory birds. According to the US fish and Game I contacted there is no laws about paying for shipping to receive the birds. Only laws if you are paying for the birds. Here is the wbsite for the US Fish and Game. http://www.fws.gov/permits/mbpermits/birdbasics.html.
Her eis the regulation:
The Migratory Bird Treaty Act (text) (summary) makes it illegal for anyone to take, possess, import, export, transport, sell, purchase, barter, or offer for sale, purchase, or barter, any migratory bird, or the parts, nests, or eggs of such a bird except under the terms of a valid permit issued pursuant to Federal regulations. The migratory bird species protected by the Act are listed in 50 CFR 10.13. View the list of MBTA protected birds. No where does it say you cannot pay shipping for a bird.
Todd B
I talked to an NCWRC officer and he said NO. I guess its up to the interpretation of whoever is writing the ticket... He explained it to me that paying for shipping looks like you are buying the bird and there is no distinction where the law is concerned. I wouldn't risk it, personally.
if you pay for the exact cost of shipping and have receipts, should be OK. Now if someone had a handling fee (where "padding" occurs), then you are entering a grey area.
can you pay for shipping by COD?
.....that will NEVER have a conclusive answer, nor will it have an end. This subject comes up at least once a month. Just like James Parish said "interpretation". I have to add that for every USFWS representative that says that no money can change hands, there's another that says you can pay for shipping as long as there is no profit being made in the transaction. I also contacted my state Representative and asked if he could give me a conclusive answer, and he stated as long as there is politics there will always be an opposing view on any subject. He is also a hunter and saw nothing wrong with the receiver paying for shipping as long as there was no added handling fees. He's not the law, and wouldn't/couldn't give me anything in writing ONE WAY OR THE OTHER! So to say it is illegal is a half truth at best, and to say it is legal is also a half truth. It will always be at the discretion of the officer at hand. My local Warden said he in no way would ticket anyone for this, but said he couldn't speak for every conservation officer. I would like to see a court case settled one way or the other so we at least could say that this has been argued in court. I have read the ENTIRE 50CFR's and in my reading I have never interpeted that the receiver could not pay for shipping. So take me to court, and I believe the Judge (whomever he may be) would have a difficult time throwing the book at me. I have put in the research, (as much as anyone on this forum) and don't like the "he said she said" thing, but that is all ANYONE has to go on. So on that note. Does anyone out there have a legally harvested Harlequin that they may want to part with? I'll pay for shipping!
It is illegal to possess these wild birds with out the proper tags to who had taken the bird and where. This is why we as taxidermists must keep those Federal Migratory Bird tags with the birds at all times. Say you get a gifted bird from someone across the country. You take the bird in your shop and mount it. Wheres the license information from the hunter that took the bird? The only way you can possess a wild Migratory bird is either you hunted it legally yourself or the hunter himself brought it to you. We have to be Federally licensed to possess that bird for mounting purposes only. That bird once mounted has to be returned to the hunter and him only. You can't even sell this bird if he does not pick it up. Read the laws
changes his/her mind, or religion, or whatever else they want to change, and they no longer want the mount, you can donate it to a library, school, or other educational facility or group. Most taxidermists charge 100% deposit for these species as they can't sell them if the customer changes their mind. The law also states you can have a limited amount in your possession, even gifted birds from other hunters, as long as they are tagged "taker specific".
I have to agree with Todd B. on this one. The law says nothing about shipping and it is not the ECO's job to pass precidence on the law, that's a judge's job. These inane laws were passed in a time when any new government regulation was not questioned. These birds were on the verge of extinction by market hunters and the conservationists knew something had to be done. Hence forth a whole gambit of restrictive laws. Unfortunately, once a law is passed it takes an "Act of Congress" to remove it or override it. No group is willing to address the issues with the government, probably because it was the conservationist groups that lobbied for the laws in the first place. I feel "some" national taxidermy association should take this one on with unanimous support of its members and a possible collaboration from a group like Ducks Unlimited. It should be easy to prove some of these laws are not neccessary to continue procreation of the species and no longer benefit anyone, except the government when they feel the need to pressure people with fines. But like all the unchallenged gun control laws in this country, "We the People" will just continue to be just sheeple and accept anything the government, or representatives thereof, forces down our throats as gospel.
Well stated. I'll sign that petition!
count me in