§11217. Buying and selling wild animals and wild birds
1. Prohibition against buying and selling bear, deer, moose or wild turkey. Except as provided in subsection 2, a person may not:
A. Buy, sell or offer for sale or barter a:
(1) Bear;
(2) Deer;
(3) Moose; or
(4) Wild turkey; or [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §150 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]
B. Aid in buying, selling or offering for sale or bartering a:
(1) Bear;
(2) Deer;
(3) Moose; or
(4) Wild turkey. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §150 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]
C. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §150 (RP); PL 2003, c. 655, Pt. B, §422 (AFF).]
[PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §150 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]
2. Exception. This subsection provides for exceptions to the prohibitions against the purchase, sale, offer for sale or barter of wild animals and wild birds under this section.
A. A person who has lawfully killed or trapped and registered a bear may sell, without a hide dealer's license, only the hide, head, teeth, claws not attached to the paws, fat not attached to the meat and gallbladder of that animal. [PL 2021, c. 54, §7 (AMD).]
B. A person who has lawfully killed and registered a deer may sell, without a hide dealer's license, only the hide, head, antlers and feet of that animal. [PL 2013, c. 333, §4 (RPR).]
C. A person may sell the head, hide, feet and antlers of a domesticated deer and the meat of a domesticated deer for use as food only in accordance with Title 7, chapter 202. [PL 2013, c. 333, §4 (RPR).]
D. A person who has lawfully killed and registered a moose may sell, without a hide dealer's license, only the hide, head, bones, antlers and feet of that animal. [PL 2013, c. 333, §4 (RPR).]
E. A person may buy or sell, without a hide dealer's license, naturally shed antlers from deer or moose. [PL 2013, c. 333, §4 (NEW).]
F. A person may buy or sell, without a taxidermy license or a hide dealer's license, legally obtained finished wildlife products, excluding federally protected wild animals and wild birds except in accordance with federal law. [PL 2013, c. 333, §4 (NEW).]
G. A person may buy, without a hide dealer's license, for that person's personal use and not for resale, only the teeth, claws not attached to paws, fat not attached to the meat, skull or head and hide of a bear; only the bones, feet and hide of a moose; the skull or head of a deer or moose, excluding antlers; and all other parts of wild animals and wild birds not prohibited from being bought, sold, offered for sale or bartered under subsections 1 and 3. [PL 2021, c. 54, §7 (AMD).]
H. A person who possesses a valid hide dealer's license may lawfully buy, sell, barter and trade for profit the parts of wild animals under paragraphs A, B and D, lawfully obtained raw, untanned animal hides and any parts of wild animals and wild birds not prohibited from being bought, sold, offered for sale or bartered under subsections 1 and 3. [PL 2013, c. 333, §4 (NEW).]
I. A person who has lawfully killed and registered a wild turkey may sell the plumage, wing bones, beard and lower legs of that animal. [PL 2021, c. 184, §6 (NEW).]
Parts permitted to be bought or sold under this subsection may not be attached to any other parts of the wild animals or wild birds that are prohibited from being bought, sold, offered for sale or bartered under subsections 1 and 3. Bear gallbladders and raw, unfinished deer and moose antlers must be tagged or accompanied with documentation containing the name and address of the person who lawfully killed the animal.
As used in this subsection, "hide dealer's license" means a license issued pursuant to section 12954.
[PL 2021, c. 54, §7 (AMD); PL 2021, c. 184, §6 (AMD).]
3. Prohibition regarding selling of wild birds. A person may not sell or possess for sale a wild bird, except as provided in this Part. A person may sell the plumage of lawfully taken wild birds if that sale does not violate regulations of the federal Migratory Bird Treaty Act.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
3-A. Prohibition on selling live wildlife. A person may not sell any live wildlife unless authorized pursuant to section 12152 and the commissioner's rules related to the unrestricted species list or as otherwise provided in this Part.
[PL 2021, c. 184, §7 (NEW).]
4. Penalty. A person who violates this section commits a Class D crime for which the court shall impose a sentencing alternative involving a term of imprisonment of not less than 10 days for the first offense, none of which may be suspended, and not less than 20 days for each succeeding offense, none of which may be suspended. The court also shall impose a fine of not less than $1,000, none of which may be suspended.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
SECTION HISTORY
PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF). PL 2003, c. 655, §§B150,151 (AMD). PL 2003, c. 655, §B422 (AFF). PL 2013, c. 333, §4 (AMD). PL 2021, c. 54, §7 (AMD). PL 2021, c. 184, §§6, 7 (AMD).