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Just because something is posted for sale doesnt meen it is LEGAL !!!!

Discussion in 'For Sale' started by RJ Simington, Apr 28, 2013.

  1. RJ Simington

    RJ Simington Active Member

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    ALWAYS check to see if the species you are looking to buy can be legally brought into your state, & that it is LEGAL to sell in the state that it is advertised.

    I see this happening all the time with folks from Califoria wanting Mountain Lion, or Wolverine skins, or selling Ringtail cats.


    Just because it is legal in YOUR state Doesnt make it legal in anouther.

    Some of these transactions can cross the lines of the Lacey Act.

    Check the regs of that state before you have a USF&W Cop standing on your door step !!!

    RJ Simington
     
  2. Raynewolfe

    Raynewolfe TY for understanding things outside our control.

    Very good post. This happens a lot with sellers in our state too.. For some animals only parts can be sold, such as for fly tying, unless fully tanned or a finished product (mount). This is true for squirrels in Indiana.. Only tails may be sold unless tanned. No whole animals, no dried or frozen skins or stoprot sprayed.. But still it happens a lot! Some animals are protected here like badger, otter, and bobcat and DNR tells us to leave the CITES tag on finished products using those furs (which have to come from a legal state) even if its a coat... Im sure other states can be touchy about things also.
     

  3. Perca

    Perca Well-Known Member

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    Here in MI "scientific collector" permits are avaiilable. The condition is that the speciman must be used for educational purposes only (not selling). They are very hard to get and require verification of employment, certification, and location(school) of use. As a biology teacher I had one for many years. I was allowed to obtain just about any critter I wanted for my classes. Over the years I got checked too....by CO's that were former students. It all worked out very well for me. Again...no animals taken under that permit could be sold.
     
  4. Spikeanator6982

    Spikeanator6982 Member

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    regarding the fetus, just because its fine by federal law, doesnt mean its fine with the state as the state usually has say over wildlife unless acts, or treatys are involved. Many states say you cant sell meat from wildgame, if they consider the fetus such, than its against the law to sell the fetus. FWS would have nothing to do with it, unless they got involved bc it was sold over state lines.
     
  5. bmdakk

    bmdakk Report to moderator

    legally obtained? Actual case..... Hit a deer ( a doe) with my car last year. didnt tear it up went through the proper channels of calling law enforcement to obtain a permit to have it out of season. , Next day dnr showed up at my house and wanted to make sure there was no fetus in her. illegal to posses a deer fetus in wv. also illegal to possess a fawn. Most seasons are geared to where there is no chance of obtaining a fetus, therefore it is not obtained "legally". there are the few exceptions though. for example our beaver trapping season runs till the end of March and there are some that are trapped that have fetuses in them. The thing that MOST people dont realize it what is legal in the state COULD be Illegal federally and Visa Versa
     
  6. Mac67

    Mac67 New Member

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    Unless the taking of wildlife results in a clear violation of federal law - such as with illegal take/transport under the Lacey Act, protections for migratory birds or eagles, or something listed as threatened or endangered - then the FWS has nothing to do with it and no authority over it. If a given state says it's illegal to possess a non-federally-protected species, then it's illegal in that state. Period.

    Also, if a state wants to make a federal wildlife law more restrictive than it already is, they certainly can. That's why many states have waterfowl hunting regulations that are more restrictive than those set forth in the Migratory Bird Treaty Act (they can be more restrictive, but not less...). Again, the FWS can't do anything about it. So if having a deer fetus is illegal by Indiana law, then it's illegal in that state, regardless what the FWS says.

    As far as schools go... They are allowed to possess federally-protected wildlife for educational and/or scientific use. Likewise with university labs, museums, privately-owned wildlife preserves, etc. Meaning it has absolutely nothing to do with being "government-sponsored." It has to do with meeting the specific criteria normally listed under the 'exceptions' portion of a given federal wildlife law, and most involve language that allows possession or use for educational purposes, research, or "promulgation of the species," or something similar.
     
  7. RJ Simington

    RJ Simington Active Member

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    USF&W has a list of animals that can not be sold but it is tough to figure out exactly which ones can .

    Every state is different for individual species. Check with YOUR game enforcement office before you buy or sell anything in question.

    It is worth a couple of phone calls to avoid a direct path to the Lacey Act & a cop on your door step.

    RJ Simington
     
  8. James Marsico

    James Marsico Well-Known Member

    what they say in person or over the phone does not count. You must see it in writing. Ask for a copy of the regs. for your state. It is public info.
     
  9. bob wendt

    bob wendt indiana, wyoming and kansas

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    MARISCO IS CORRECT. NEVER EVER TAKE A WORD OVER THE PHONE. ASK IN AN EMAIL SO YOU HAVE A RECORD OF YOUR REQUEST. KEEP THE E MAIL ANSWER AND KEEP THE COPY OF THE LAWS(WHART YOU REQUEST) PERTAINING TO YOUR QUESTION . FOREVER. THEN YEARLY CK. TO SEE IF THERE HAVE BEEN CHANGES IN THE LAWS, AND THE ANSWER. ALWAYS IN AN E MAIL THAT CAN BE SAVED.
     
  10. bowhunter1342

    bowhunter1342 Member

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    And No waterfowl can be sold mounted or not. Unless it is farm raised and you have documentation. Big fines. Just saying
     
  11. mindlesracing

    mindlesracing New Member

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    do you have any info on exporting? -----need someone(taxidermist) who can export some game heads)----thanks dave