Taxidermy Laws
While Buffalo Shop is not a law firm, legal compliance is something we take very seriously. We commissioned a comprehensive wildlife law report from a U.S. Fish & Wildlife Service federal agent with over 35 years of experience. The report shown below was reviewed, and approved in writing by a USFWS agent. This was a significant investment for our business, but we chose to make the report free to the public to help educate and protect the broader community.
Many wildlife mounts can be legally bought/sold, but the wildlife trade is highly regulated by both State and Federal laws. This outline will provide you with a starting point to determine if the wildlife item you want to buy or sale is regulated under Federal Law. This outline does not provide insight into the highly variable laws of all 50 states, so it is HIGHLY recommended that contact be made with the State wildlife agency in the states that are effected by the transaction you want to perform. Federal laws/regulations are constantly changing, so it is highly beneficial to obtain updated information from the U. S. Fish and Wildlife Service.
1. Is the item a migratory bird?
a. Is it listed as a Migratory Bird by the U.S. Fish and Wildlife Service?
b. Search 50 CFR (Code of Federal Regulations) 10.13.
(Migratory bird means any bird, whatever it’s origin and whether or not raised in captivity, which belongs to a species listed in 50 CFR 10.13, or which is a mutation or a hybrid of any such species, including any part, nest, or egg of any such bird, or any product, whether or not manufactured, which consists, or is composed in whole or part, of any such bird or any part, nest or egg thereof).
c. This list encompasses most birds found within the U.S. except for common upland game birds, such as pheasant, quail, grouse, turkeys and invasive/imported birds, such as European starling, collared doves, barn pigeons, English sparrows…)
d. MIGRATORY BIRD TREATY ACT 16 USC 703 – Unless and except as permitted by regulations made as hereinafter provided, it shall be unlawful at any time, by any means or in any manner, to pursue, hunt, take, capture, kill, attempt to take, capture, or kill, possess, offer for sale, sell, offer to barter, barter, offer to purchase, purchase, deliver for shipment, ship, export, import, cause to be shipped, exported, or imported, deliver for transportation, transport or cause to be transported, carry or cause to be carried, or receive for shipment, transportation, carriage, or export, any migratory bird, any part, nest, or egg of any such bird, or any product, whether or not manufactured, which consists, or is composed in whole or part, of any such bird or any part, nest, or egg thereof…
e. 16 U.S.C. 707(b)(2) – Whoever, in violation of this Act, shall knowingly sell, offer for sale, barter or offer to barter, any migratory bird shall be guilty of a felony and shall be fined not more than $250,000/$500,000 (if a business) or imprisoned not more than two years, or both.
2. Is the bird an eagle?
a. Bald and Golden Eagle Protection Act – 16 U.S.C. 668 -Whoever, within the United States or any place subject to the jurisdiction thereof, without being permitted to do so as hereinafter provided, shall knowingly, or with wanton disregard for the consequences of his act, take, possess, sell, purchase, barter, offer to sell, purchase or barter, transport, export or import, at any time or in any manner, any bald eagle, commonly known as the American eagle, or any golden eagle, alive or dead, or any part, nest, or egg thereof of the forgoing eagles, or whoever violates any permit or regulation issued pursuant to this Act, shall be fined not more than $100,000/$200,000 (if a business) and/or 1 year imprisonment for the first offense and not more than 2 years imprisonment for second or subsequent offenses. Date enacted – Oct. 23, 1972.
Bald Eagle protected since June 8, 1940
Golden Eagle protected since October 24, 1962
In addition to these federal protections, it is important to recognize that individual states may impose their own wildlife regulations, which often work in tandem with federal laws. Before handling, possessing, or interacting with any bird species, one should consult both state and federal statutes to ensure full compliance. Permits may be required for activities such as research, education, or rehabilitation, and the application process can be rigorous, reflecting the commitment to conservation and the preservation of native avian populations. These robust legal frameworks serve to protect migratory and native birds from exploitation and to maintain the ecological balance critical to North American biodiversity.
3. Is the item an Endangered Species?
a. Endangered Species Act – 16 U.S.C. 1538(a)(1) – Except as provided in sections 6(g)(2) and 10 of this Act [16 U.S.C. 1535(g)(2), 1539], with respect to any endangered species of fish or wildlife listed pursuant to section 4 of this act [16 U.S.C. 1533] it is unlawful for any person subject to the jurisdiction of the United States to:
(E) deliver, receive, carry, transport, or ship, in INTERSTATE or foreign commerce, by any means whatsoever and in the course of COMMERCIAL ACTIVITY, and such species;
(F) sell or offer for sale in interstate or foreign commerce any such species;
b. Sale of Endangered Species
A. Can be sold “INTRASTATE”, Within State it is located in and to an in-state resident. (Proof suggested, such as driver’s license).
B. Can be sold “INTERSTATE”, if PREACT, December 28, 1973, or date it was listed as an endangered species. (Proof is upon the seller to prove preact or prelisting, such as a dated photograph, import paperwork, or a signed affidavit, preferable by the person who took the animal).
C. But, ONLY if it was held in captivity or in a controlled environment, provided that such holding and any subsequent holding or use of the fish or wildlife was not in the course of commercial activity. (If an item has ever been sold or offered for sale, then exemption DOES NOT apply).
D. How do I determine if the species is listed as an endangered species and the date it was listed? I suggest a “Google Search” for a list of endangered species. Knowing the scientific name is very helpful during this search and knowing where the animal was taken, as not all species are threatened/endangered across all the habitat that they inhabit.
4. Is the item a CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora) listed species.
a. CITES is an international agreement, signed by 184 parties/Countries in 1973, designed to ensure that international trade in animals and plants does not threaten their survival in the wild. The U.S. is a party to the convention.
b. How do I determine if my animal is listed as a CITES species? Again a “Google Search” will assist with providing that information.
c. If the item is listed, then it is extremely valuable to have a copy of all import documents, including a copy of the CITES Import Permit!
d. Many of the more recent CITES Import Permits, allow for the import of the species, but they contain the statement (BUT NOT FOR A COMMERCIAL PURPOSE)!!! Meaning that the item, such as a sport hunted trophy (elephant, leopard) can be legally imported, but not for a commercial purpose, or as long as it is never sold! (If you do not have access to the import permit, my suggestion is to treat the item as if the permit does make this statement and DO NOT offer the item for sale, as the burden of proof is on the seller!)
5. Is the Item a Rhinoceros or a Tiger?
a. RHINOCEROS AND TIGER CONSERVATION ACT – 16 USC 5305(a) – A person shall NOT SELL, or ATTEMPT TO SELL, import, or export any product, item, or substance intended for human consumption or application containing, or labeled or advertised as containing any substance derived from any species of rhinoceros or tiger. Penalties are a criminal Class B Misdemeanor with a fine of $5,000/$10,000 (if a business) and/or 6 months in jail. And, Civil penalties of up to $12,000 for each violation.
b. A taxidermy mount would NOT be considered intended for human consumption.
6. Is the item an ASIAN or AFRICAN ELEPHANT?
a. Except as provided in section 4222 of this title, it is unlawful for any person:
i. To Import raw ivory from any country other than an ivory producing country;
ii. To export raw ivory from the United States;
iii. To Import raw or worked ivory that was exported from an ivory producing country in violation of that country’s laws or of the CITES Ivory Control System;
iv. To import worked ivory, other than personal effects, from any country unless that country has certified that such ivory was derived from legal sources; or
v. To import raw or worked ivory from a country for which a moratorium is in effect under section 4222 of this title.
b. EXCEPTIONS – African Elephant Conservation Act – 16 USC 4222(e) – Individuals may import sport-hunted elephant trophies that they have been legally taken in an ivory producing country that has submitted an ivory quota. (U.S. Fish and Wildlife Service can provide an updated list of Ivory Producing Countries) Again, most likely CITES import permit will state “Not for a Commercial Purpose)
c. If CITES Permit DOES NOT state “Not for a Commercial Purpose”
i. Import of raw African elephant ivory is prohibited except as part of a lawfully taken personal sport-hunted trophy.
ii. Commercial import of African elephant ivory into U.S. is prohibited
iii. African elephant ivory can be sold ‘INTRASTATE” if you can demonstrate that ivory was lawfully imported prior to the date that the African elephant was (listed in CITES Appendix 1, (January 18, 1990).
iv. Asian elephant ivory can be sold “INTRASTATE” if you can demonstrate that ivory was lawfully imported prior to the date that the Asian elephant was listed in Appendix 1, (July 1, 1975).
v. All “INTERSTATE” sale prohibited for sport-hunted trophies and household move or inheritance.
d. Penalties: Fine of up to $100,000/$200,000 (if business) and/or 1 year of imprisonment.
7. Is the item a Marine Mammal?
a. Marine Mammal Protection Act
i. 16 USC 1372(a)(4) – It is unlawful for any person to transport, purchase, sell, or offer to purchase or sell any marine mammal or marine mammal product.
ii. 50 CFR 18.25(a) – The provisions of the Act and these regulations shall not apply:
1. To any marine mammal taken before December 21, 1972, or
2. To any marine mammal product if the marine mammal portion of such product consists solely of a marine mammal taken before such date.
iii. Penalties: Fine of $100,000/$200,000 (if business) and/or 1 year of imprisonment.
8. LACEY ACT – 16 USC 3372(a)(1) – It is unlawful for any person to import, export, transport, SELL, receive, acquire, or PURCHASE any fish or wildlife or plant taken, possessed, transported, or SOLD in violation of any law, treaty, or regulation of the United States or in violation of any Indian Tribal Law.
16 USC 3372(a)(2)(A) – It is unlawful for any person to import, export, transport, SELL, receive, acquire, or PURCHASE in INTERSTATE or FOREIGN COMMERCE any fish or wildlife taken, possessed, transported, or SOLD in violation of any law or regulation of any State or in violation of any foreign law.
Penalties:
a. Misdemeanor - $100,000/$200,000 (if business) and/or 1 year imprisonment
b. Felony – Knowingly engaging in conduct that involves the sale or purchase of, the offer of sale or purchase of, or the intent to sell or purchase, fish or wildlife or plants with a market value in excess of $350: $250,000/$500,000 (if business) and/or up to 5 years imprisonment!
We are sure that you will find this outline useful in understanding Federal wildlife laws, but please remember that laws/regulations are constantly changing and the status of wildlife species are constantly changing, as species or subspecies/populations of animals are added/deleted to the endangered species list.