{"id":109,"date":"2016-02-18T12:50:41","date_gmt":"2016-02-18T19:50:41","guid":{"rendered":"http:\/\/estatesales.org\/newuniversity\/?p=109"},"modified":"2021-05-02T09:30:27","modified_gmt":"2021-05-02T15:30:27","slug":"guide-to-selling-taxidermy-at-estate-sales-and-auctions","status":"publish","type":"post","link":"https:\/\/estatesales.org\/university\/guide-to-selling-taxidermy-at-estate-sales-and-auctions\/","title":{"rendered":"Guide to Selling Taxidermy at Estate Sales & Auctions"},"content":{"rendered":"

Selling taxidermy is part of being an\u00a0estate sale professional<\/a> or auctioneer, and no doubt, you\u00a0will have to deal with it\u00a0at some point if you\u00a0stay in the business\u00a0long enough. Depending on which state you live in, you may find selling taxidermy can\u00a0be a pretty complex\u00a0process, especially when it comes to more heavily regulated items,\u00a0like ivory<\/a>. It can be difficult to keep up with all the\u00a0current regulations, as the federal\u00a0government continues to tighten restrictions.<\/p>\n

There are both federal and state laws regarding selling taxidermy, and every state\u00a0is different. Here at EstateSales.org we definitely\u00a0recommend checking up on your particular specimen\u00a0if you have questions,\u00a0to be on the safe side. (See the Taxidermy Checklist in the red box\u00a0at the bottom of this web page).\u00a0However, 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.<\/p>\n

Federal Laws Regarding the Sale of Taxidermy<\/h2>\n

When in doubt, keep in mind that\u00a0federal law always\u00a0trumps state law. But you need to make sure you\u2019re compliant with both sets of regulations. Generally, state laws are going to be stricter than federal laws.\u00a0Below are the federal laws an estate sale professional needs to be familiar with, plus some helpful links:<\/p>\n

The Migratory Bird Treaty Act (MBTA)<\/h3>\n

Don\u2019t let the word \u201cmigratory\u201d fool you. The Migratory Bird Treaty Act<\/a> protects all species of \u201cmigratory\u201d birds found in the United States – and then some that aren\u2019t, 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)<\/a>.<\/p>\n

Some exceptions\u00a0to 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\u00a0Federal Fish and Wildlife Permit<\/a>\u00a0issued by the\u00a0Department of the Interior US Fish and Wildlife Service<\/a>,\u00a0as well as any applicable state-issued commercial breeders licenses.<\/p>\n

List of birds protected by the MBTA<\/a>.<\/p>\n

The Endangered Species Act (ESA)<\/h3>\n

The Endangered Species Act<\/a> affords protection to certain plant and animal species worldwide that are federally listed as “threatened” or “endangered.” This means you can\u2019t sell these species or species parts at your estate sale, unless you can prove it\u2019s an antique. (See ESA Antique Exception in the red box below\u00a0for the rules on this, which may\u00a0also 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.<\/p>\n

Find the full list of endangered species here<\/a>, as well as the ability to search for your particular species in question.<\/p>\n

Endangered Species Act – Antiques Exemption<\/h3>\n

\"Antiques<\/p>\n

Frustrated because the species\u2019 name is in Latin? Use this website\u2019s search tool<\/a><\/em> to find out the species’ name in English!<\/em><\/p>\n

The Marine Mammal Protection Act (MMPA) and Estate Sales<\/h3>\n

The Marine Mammal Protection Act (MMPA) regulates all marine animals, like the ones you\u2019ll 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<\/a>. 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.<\/p>\n

The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)<\/h3>\n

CITES is an international wildlife trade treaty<\/a>, also known as the \u201cWashington Convention.\u201d 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<\/a>. Some species you might find at estate sales that are protected under CITES include whales, bears, elephants, coral, and\u00a0frogs. Ivory is covered here<\/a>, and may\u00a0also covered by the Antiques Exemption in the red box\u00a0above.\u00a0However, most of the list is made up of species you\u2019re 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<\/a> with questions.<\/p>\n

Got a high end estate sale with vintage furs? Be careful! CITES applies here too, and if the animal is endangered, it\u2019s a no-go. Here\u2019s a great primer on how to go about selling vintage furs<\/a>.<\/p>\n

The Lacey Act<\/h3>\n

The Lacey Act<\/a> is one of those \u201ccatch-all\u201d laws that prohibits selling fish or wildlife that has been illegally taken, possessed, transported, or sold. This means, you can\u2019t violate a state law or<\/em>\u00a0an\u00a0international law. Signed into effect in 1900,\u00a0the Lacey Act\u00a0was originally intended to cut back on illegal commercial hunting that threatened several game species. The government\u00a0didn\u2019t want people finding loopholes in the law by poaching in one state and selling in another where it was\u00a0legal. Today its main purpose is\u00a0to prevent the spread of dangerous non-native species. As an estate sale company it might seem like\u00a0common sense not the\u00a0law. This is just a reminder that\u00a0if you do, the Lacey Act is\u00a0likely to get you!<\/p>\n

State Laws Concerning Selling Taxidermy<\/h2>\n

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\u00a0selling taxidermy at estate sales and auctions in the U.S. Here you\u2019ll find which species to watch out for, whether the state is strict (i.e.\u00a0California)\u00a0or 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,\u00a0but we provided all the information we could, including updated contact info and links, to make your life easier!<\/p>\n

Just click on your state to see the information.<\/p>\n

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\n\t\t\t\tAlabama\t\t\t<\/h2>\n\t\t\n\t\t
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Contact:<\/strong> (334) 242-3467<\/p>\n