I want to thank you, TJ, for your responce. I am just so confused on all the laws around taxiderming birds. I love birds, always have, and bird taxidermy came really naturally. As well as the art around it. But right now I really need to "fall back" on my art, jump start it from a hobby to a buisness and quick. I just had my son 2 months ago. I tried going back to work but with after paying the babysitter I was only making about $600 a month - it didn't seem worth it for 40 hours a week:) anyway. I already have a taxidermy licence, but hunting season doesn't start for awhile, and can't do much on just pheasants and quail alone. I am planning on getting my fedral licence soon (it's already in the mail.) But I do have someone interested in purchusing the baby ducklings I taxidermied up, to sell at there store, giving me a little to live on intill season picks up and I can get my other permit(s) and I don't want to lose him in the 6 - 8 weeks I may need to wait.
Before this I wasn't too worried about mallards, from what I understand captive raised ones are managed by the state. But anyway....
Why I think I don't need a permit
1.) In the Breakthrough Bird Taxidermy manual it states....
"No permit is required to mount and sell pen-raised mallard
drakes and hens."
2.) On the u.s Fish & Wildlife service webpage it reads this:
"Why do I need a permit to conduct taxidermy?
A federal taxidermy permit allows you to temporarily posses
another's legally acquired bird. Without a permit it would be
illegal for you to posses migratory birds belonging to others
3.) on the Code of Federal Regulations it reads this:
Sec. 21.13 Permit exceptions for captive-reared mallard ducks.
Captive-reared and properly marked mallard ducks, alive or dead,
or their eggs may be acquired, possessed, sold, traded, donated,
transported, and disposed of by any person without a permit,
subject to
the following conditions, restrictions, and requirements:
(a) Nothing in this section shall be construed to permit the
taking of live mallard ducks or their eggs from the wild.
(b) All mallard ducks possessed in captivity, without a permit,
shall have been physically marked by at least one of the
following methods prior to 6 weeks of age and all such ducks
hatched, reared, and retained in captivity thereafter shall be so
marked prior to reaching 6 weeks of age.
(1) Removal of the hind toe from the right foot.
(2) Pinioning of a wing: Provided, That this method shall be the
removal of the metacarpal bones of one wing or a portion of
the metacarpal bones which renders the bird permanently
incapable of flight.
(3) Banding of one metatarsus with a seamless metal band.
(4) Tattooing of a readily discernible number or letter or
combination thereof on the web of one foot.
(c) When so marked, such live birds may be disposed of to, or
acquired from, any person and possessed and transferred in any
number at any time or place: Provided, That all such birds shall
be physically marked prior to sale or disposal regardless of
whether or not they have attained 6 weeks of age.
(d) When so marked, such live birds may be killed, in any number,
at any time or place, by any means except shooting. Such birds
may be killed by shooting only in accordance with all applicable
hunting regulations governing the taking of mallard ducks from
the wild: Provided, That such birds may be killed by shooting,
in any number, at any time, within the confines of any premises
operated as a shooting preserve under State license, permit, or
authorization; or they may be shot, in any number, at any time
or place, by any person for bona fide dog training or field
trial purposes: Provided further, That the provisions:
(1) The hunting regulations (part 20 of this subchapter), with the
exception of Sec. 20.108 (Nontoxic shot zones), and
(2) The Migratory Bird Hunting Stamp Act (duck stamp requirement)
shall not apply to shooting preserve operations as provided for
in this paragraph, or to bona fide dog training or field trial
operations.
(e) At all times during possession, transportation, and storage
until the raw carcasses of such birds are finally processed
immediately prior to cooking, smoking, or canning, the marked
foot or wing must remain attached to each carcass: Provided,
That persons, who operate game farms or shooting preserves under
a State license, permit, or authorization for such activities,
may remove the marked foot or wing when either the number of his
State license, permit, or authorization has first been legibly
stamped in ink on the back of each carcass and on the container
in which each carcass is maintained, or each carcass is
identified by a State band on leg or wing pursuant to
requirements of his State license, permit, or authorization.
When properly marked, such carcasses may be disposed of to, or
acquired from, any person and possessed and transported in any
number at any time or place.
Sec. 21.14 Permit exceptions for captive-reared migratory
waterfowl other than mallard ducks.
Any person may, without a permit, lawfully acquire captive-reared
and properly marked migratory waterfowl of all species other than
mallard ducks, alive or dead, or their eggs, and possess and
transport
such birds or eggs and any progeny or eggs therefrom solely for
his own use subject to the following conditions and restrictions:
But only thing that is saying no is:
(a) Permit requirement. A taxidermist permit is required before
any person may perform taxidermy services on migratory birds or
their parts, nests, or eggs for any person other than himself.
and (2) Sell properly marked, captive reared migratory waterfowl
which he has lawfully acquired and mounted. Such mounted birds
may be placed on consignment for sale and may be possessed by
such consignee for the purpose of sale.
Why does fedral law have to be so confusing... It seems like a double edge sword. I have emailed dnr in hopes the can clarify it for me, I hope I am able to sell my birds! But thank you for listening to my rambles, I am just worried, I don't need to put in the poor house over something so minor... you know?
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tell the buyer to wait. You will have to think about other supplemental income during the interim. Why make bird taxidermy the center of your world at this very moment?
Use some forethought.
In fact, for bureaucratic doublespeak, those rules and regulations are probably some of the best. What's confusing you is that leap between "Captive Reared" and "migratory" birds. Just substitute "wild" in place of "migratory" and think MALLARDS. If you captive rear other birds, the rules get a little more refined. Many times, game farms raise their birds solely for shooting and that may be throwing you off a little as well.
I think I've been better reasured. see my birds at: http://www.angelfire.com/games2/WinnersPurse/fancie/Taxidermy/taxidermy.htm I love the little guys - there so cute, But I'm always learning more to make them better:)
Your ducklings are beautiful! As for the legal mumbo-jumbo, call up your state's DNR office, and ask them all of these questions. They should be able to help you out.
I'd have emailed you personally had you left one but I'll do it here. I couldn't help but notice how much more beautiful those ducklings would have looked with a more generous use of artificial greenery and moss. They seem stark against the plain wood panels and driftwood and I've found that adding greenery often enhances the appearance of small mounts such as this. I loved the tiger swallowtail. I also think your choice of plaques was great in that their size wasn't overpowering, but I still think your work would be so much better accented with a little greenery covering the plaque top. Good luck.
and NOW you ask about the legality? do you have papers?
you are NOT required to have paperwork on mallards.they have to properly marked(i.e.toeclipped) and thats it.
yes, I have reciepts for everything, a copy of the breeders licence and a copy of a certifacate saying they are free of dieses. I wasn't worried about them going after ME, I'm not poaching, selling wild birds, I'm keeping records on everything and as I understod mallards (and only mallards) were okay to sell (as long as the toe was clipped,) because they are controlled by the state and based on what the first set of laws above stated. but when I was looking into resale of the birds is when the wording started not making since and I was more worried about getting the store in trouble and THEM suing me! according to illinois dnr I am okay to sell my birds.
I was think about putting air plant with them, I'm not to sure on were to get fake greenery, I looked at walmart and hobby stores but everything seems big to them. But again I'm learning something new everyday - like I just figured out my neck problem, I couldn't get any standing birds to look right because of the neck, I tried everything from cotton to aquarium tubing, and it never looked right, I figured out it was because the birds necks arn't round at all - there more oval - I can't belive I didn't see that before.again thanks for everyones help