Guide to Selling Taxidermy at Estate Sales & Auctions
Brandon Shinholser
Selling taxidermy is part of being an estate sale professional or auctioneer, and no doubt, you will have to deal with it at some point if you stay in the business long enough. Depending on which state you live in, you may find selling taxidermy can be a pretty complex process, especially when it comes to more heavily regulated items, like ivory. It can be difficult to keep up with all the current regulations, as the federal government continues to tighten restrictions.
There are both federal and state laws regarding selling taxidermy, and every state is different. Here at EstateSales.org we definitely recommend checking up on your particular specimen if you have questions, to be on the safe side. (See the Taxidermy Checklist in the red box at the bottom of this web page). However, to make things a bit easier, we did a lot of the legwork for you, so you can have everything you need right here in this online selling taxidermy guide.
Federal Laws Regarding the Sale of Taxidermy
When in doubt, keep in mind that federal law always trumps state law. But you need to make sure you’re compliant with both sets of regulations. Generally, state laws are going to be stricter than federal laws. Below are the federal laws an estate sale professional needs to be familiar with, plus some helpful links:
The Migratory Bird Treaty Act (MBTA)
Don’t let the word “migratory” fool you. The Migratory Bird Treaty Act protects all species of “migratory” birds found in the United States – and then some that aren’t, like vultures or buzzards. This Act was created to cut down on the trade of bird parts and feathers that was beginning to limit some species of birds. Bald and golden eagles are also considered migratory birds and are protected by the MBTA and the Bald and Golden Eagle Protection Act (BGEPA).
Some exceptions to the law include pen-raised migratory birds by licensed breeders. Sales of such taxidermy should always be accompanied by a receipt which includes the sellers Federal Fish and Wildlife Permit issued by the Department of the Interior US Fish and Wildlife Service, as well as any applicable state-issued commercial breeders licenses.
The Endangered Species Act affords protection to certain plant and animal species worldwide that are federally listed as “threatened” or “endangered.” This means you can’t sell these species or species parts at your estate sale, unless you can prove it’s an antique. (See ESA Antique Exception in the red box below for the rules on this, which may also apply to ivory). At the least, misdemeanor violations can be subject to up to $500, jail up to 6 months, or both. Felony violations can have fines up to $2,000, jail up to 2 years or both.
Frustrated because the species’ name is in Latin? Use this website’s search tool to find out the species’ name in English!
The Marine Mammal Protection Act (MMPA) and Estate Sales
The Marine Mammal Protection Act (MMPA) regulates all marine animals, like the ones you’ll find at Sea World: polar bears, walrus, manatees, sea otters, etc. Polar bears are also protected under the International Agreement on the Conservation of Polar Bears, so take extra care when dealing with those specimens. Find a full description of the law and a list of regulated marine mammals here. This law is no joke – fines can run up to $100,000 and a year of jail time for individuals and up to $200,000 for organizations.
The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)
CITES is an international wildlife trade treaty, also known as the “Washington Convention.” Drafted in 1963, CITES became enforceable in 1975. Similarly, this Act was created to protect over 35,000 species of plants and animals that can be found in this list. Some species you might find at estate sales that are protected under CITES include whales, bears, elephants, coral, and frogs. Ivory is covered here, and may also covered by the Antiques Exemption in the red box above. However, most of the list is made up of species you’re not likely to find at estate sales, like aloe or mussels. Note: you can get a pre-CITES certificate for specimens obtained from the wild before the species was listed under CITES. Contact ManagementAuthority@fws.gov with questions.
Got a high end estate sale with vintage furs? Be careful! CITES applies here too, and if the animal is endangered, it’s a no-go. Here’s a great primer on how to go about selling vintage furs.
The Lacey Act
The Lacey Act is one of those “catch-all” laws that prohibits selling fish or wildlife that has been illegally taken, possessed, transported, or sold. This means, you can’t violate a state law or an international law. Signed into effect in 1900, the Lacey Act was originally intended to cut back on illegal commercial hunting that threatened several game species. The government didn’t want people finding loopholes in the law by poaching in one state and selling in another where it was legal. Today its main purpose is to prevent the spread of dangerous non-native species. As an estate sale company it might seem like common sense not the law. This is just a reminder that if you do, the Lacey Act is likely to get you!
State Laws Concerning Selling Taxidermy
We talked to game wardens, game biologists, law enforcement officers, and state officials from all over the country to come up with this comprehensive state-by-state list of laws concerning selling taxidermy at estate sales and auctions in the U.S. Here you’ll find which species to watch out for, whether the state is strict (i.e. California) or lax (i.e. Texas), which number to call to get a response, and important reference links. NOTE: Some states were more forthcoming than others with information, and there were a few we couldn’t get a hold of, but we provided all the information we could, including updated contact info and links, to make your life easier!
Just click on your state to see the information.
Alabama
Contact: (334) 242-3467
Any finished product taxidermied animal is allowed, as long as it’s not federally restricted or protected.
Sections: 3039. (a) Except as otherwise provided in this section and Sections 3087 and 4303, or any other provision of this code, or regulations adopted pursuant thereto, it is unlawful to sell or purchase any species of bird or mammal or part thereof found in the wild in California. (b) Products or handicraft items made from furbearing mammals and nongame mammals, their carcass or parts thereof, lawfully taken under the authority of a trapping license, may be purchased or sold at any time. (c) Shed antlers, or antlers taken from domestically reared animals that have been manufactured into products or handicraft items, or that have been cut into blocks or units which are to be handcrafted or manufactured into those articles may be purchased or sold at any time. However, complete antlers, whole heads with antlers, antlers that are mounted for display, or antlers in velvet may not be sold or purchased at any time, except as authorized by Section 3087. (d) Notwithstanding Section 3504, inedible parts of domestically raised game birds may be sold or purchased at any time. (e) Any person who illegally takes any bird or mammal for profit or for personal gain by engaging in any activity authorized by this section is subject to civil liability pursuant to Section 2582.
4303. The skin or hide of any deer lawfully taken may be sold, purchased, tanned, or manufactured into articles for sale. Skins or hides of deer lawfully taken may be donated at any time to veterans’ organizations or veterans’ service committees for use by veterans for rehabilitation purposes. Reference:
White-tailed deer or Sika deer parts of any kind, including taxidermy mounts.
The only exception is that deer hides tanned or as a raw pelt can be sold; however, taxidermy mounts are not considered solely a tanned hide.
See Delaware statute 787 (below) which makes the sale of deer taxidermy illegal in Delaware.
The following may be sold:
Taxidermy mounts and parts of small mammals (squirrels, rabbits, etc.) and furbearers (foxes, coyotes, weasels. muskrats, beavers etc.).
Taxidermy mounts and parts of resident game birds ( turkeys, pheasants, quail etc.)
Taxidermy parts of big game animals for species not found in the state of Delaware (bears, mule deer, elk, caribou etc.) as long as those species were legally taken in their state of origin and that state allows the legal sale of that animal.
787(d)No person shall purchase, sell or expose for sale, or transport, ship or possess with the intent to sell, any deer or any part of such deer, except for the hides of lawfully killed deer, at any time. Nothing in this paragraph shall preclude the importation and consumption of venison, approved for sale by the United States Department of Agriculture, into this State.
Unfortunately, we had a hard time getting a hold of someone who could answer our questions in Hawaii. Apparently taxidermy is not a big thing there! But the number above will get you to an actual person who might be able to find the answers you need, depending on who’s in the office! Good luck!
Bighorn sheep are restricted. If it’s a hunter’s harvest, it will be pinned, but a pickup of winter kill cannot be sold. Other hunter harvests are legal to sell.
Natural animal horns from natural mortality can be sold.
Any legally taken animal including cape head or skin, or part that is mounted in a lifelike is ok.
Black bear, bobcat, white-tailed deer, elk and turkey must be specially registered – register and print tag here – and tag the mount prior to the sale. Reference:
As long as the specimen still has its tags (when harvested) there are no restrictions on parts that have been taxidermied. (Regulations concerning un-taxidermied animal parts, meat, skull caps, do exist).
Contact: DNR at (651) 296-6157
Any taxidermied animal is allowed, as long as it it was obtained legally, is not endangered or federally restricted or protected. Endangered/Threatened Species of Minnesota
Subject to federal regulations, legally obtained feathers, squirrel pelts, rabbit pelts, groundhog pelts, turkey bones, turkey heads and deer heads, antlers, hides or feet may be bought, sold or bartered when accompanied by a bill of sale showing the seller’s full name, address and the number and species of these parts, and the full name and address of the purchaser.
Legally taken wildlife and wildlife parts, after mounting or tanning, may be bought and sold.
The recipient or purchaser of deer heads and/or antlers attached to the skull plate must retain a dated bill of sale identifying the seller while the heads or antlers are in his/her possession.
Shed antlers not attached to the skull plate found while afield may be possessed, bought and sold by any person without possession authorization.
Lower portions of feet of white tailed deer, and animal pelts from fur-bearers can be sold, but no other parts can be sold.
Specimens not indigenous defers to the state’s laws from where the specimen was taken. (For example: If Maine allows the sale of the taxidermied moose, then New Jersey does; if not, NJ does not).
It is unlawful to possess game without a proper license or evidence the game has been taken legally.
Carcasses, meat and internal organs of game mammals and game birds may not be sold or bartered,but can be donated. However, the skins, head, antlers, horns and claws of legally taken protected species and the feathers of nonmigratory game birds may be sold, bartered or donated. (p. 21 under Reference)
All bighorn sheep rams taken in New Mexico must have a seal inserted in one horn by NMDGF.
Sealing must occur within 10 days of harvest. Bighorn sheep heads found in the field must remainwhere found and may not be possessed. Bighorn sheep ram heads must be sealed prior to transportoutside New Mexico. Bighorn sheep heads brought into New Mexico must be sealed by NMDGF within 10 days of entry into the state. Bighorn sheep legally harvested and sealed by anotherjurisdiction (state, tribal entity or country) do not have to be resealed by NMDGF. (p. 91 under Reference)
Leopard, Snow Leopard, Clouded Leopard, Tiger, Asiatic Lion, Cheetah, Alligators, Caiman or Crocodile of the Order Crocodylia (except as provided in subdivision two of this section), tortoises of the genus Gopherus, marine turtles of the family Cheloniidae and the family Dermochelidae, Vicuna, Wolf, Red Wolf, or Kangaroo or Polar Bear, Mountain Lion, sometimes called Cougar, Jaguar, Ocelot, or Margay, Sumatran Rhinoceros, or Black Rhinoceros. SOMETIMES: The importation and sale of the skin, body or parts therefrom of Alligators, Caiman or Crocodile of the Order Crocodylia.
You must have a special permit to sell taxidermy. To obtain this, send a photo from all sides with a detailed description of the item, emailed to Tammy.Rundle@ncwildlife.org who issues the permit.
Animals are decided on a case by case basis.
Fur-bearers are really the only specimems that are allowed to be sold, unless the animal was raised under a propagation license.
Certain parts of deer are allowed: deer hides, feet and antlers w documentation of previous owners contact info and state of kill, plus a tag if there is one.
Turkeys: everything can be sold except for the meat, and the same information above pertains.
No taxidermy is allowed. If you want to sell taxidermy at an estate sale, you have to apply for a permit. Law Enforcement Director must approve piece by piece. http://www.wildlifedepartment.com/
Animals lawfully taken from another state or nation – may be sold without a permit.
Your specimen needs a tag saying what it is and where it came from.
This state is very strict about animals taken from Pennsylvania. There are many conditions and variable – like whether it’s a private sale, the time of the season, how long the item has been in the family, etc. Private sales of taxidermy are allowed with a permit.
Any taxidermied animal is allowed, as long as it it was obtained legally, is not endangered or federally restricted or protected. Most statutes and regulations in the state pertain to live animals.
Contact: (803) 734-3833 or the game warden at (803) 734-4024
The following cannot be sold as taxidermy:
No bears, no bear parts. No white-tailed deer mounts with antlers still attached to skull plate. No wild turkey parts (unless you’re a registered Native American). You may have potential issues with alligator skull – it would need to have the harvest tag associated with it.
“Everything’s legal until it’s not legal.”
Only the skins, including bear skins with paws attached, heads,claws and antlers of lawfully taken big game animals. A conservation officer must tag velvet antlers before they are offered for sale, sold or purchased.”
State law prohibits the barter or sale of any fish taken or killed in the waters of this State;however, lawfully-taken fish that have been mounted may be sold. If fish come from a legal, private source, it is the responsibility of the taxidermist to have sufficient proof or origin.
Naturally shed antlers from big game are allowed any time of the year, but any antlers still attached to skull plates can only be sold during certain seasons.
Contact: (804-367-1000) Press 7 for Law Enforcement
Only finished products may be sold, such as antlers made into finished products.
You cannot sell anything native to Virginia.
Taxidermists are the only ones who are authorized to sell taxidermied mounts.
Bighorn sheep mountain goat, velvet antlers of elk or deer non-edible portions may be sold traded
It’s legal to possess naturally shed antlers of elk, deer, and moose, horns from bighorn sheep
Rams are ok if it’s legally harvested.
No game birds or game fish for the purpose of auction.
It’s okay if the specimen been inherited in the family. This type of taxidermy must be destined for a private collection and not for the purpose of sale.
If the animal was taxidermied in Wyoming or was imported for a temporary display, it doesn’t need a game tag, but out-of-state specimens needs documentation from the state they’re coming from or they need an interstate game tag.
If you have wildlife parts like antlers or mounts, it’s best to contact the local game warden. Law enforcement in Casper (listed above) is a good number to call.