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Pennsylvania Taxidermist Association

The PGC is providing the following notice in an effort to clarify the legality of selling mounted specimens and as a proactive measure to prevent the unintentional violations of the Game and Wildlife code.
     On July 7, 2006, Governor Rendell signed into law the act of July 7, 2006 (P.L. 358, No. 77), which effectively transferred licensing registration of taxidermy activities from the Pennsylvania Game Commission to the Department of Agriculture as of October 5, 2006. As a direct result of this legislation, taxidermists lost the ability to sell lawfully acquired mounted specimens harvested in Pennsylvania as well as unclaimed specimens. In an intentional effort to continue accommodations made to taxidermists respecting the sale of unclaimed specimens, the Commission developed new regulations to permit this activity. Therefore, although taxidermists are still restricted from selling lawfully acquired mounted specimens harvested in Pennsylvania, they may now sell unclaimed specimens after obtaining the required permit from the Commission. Mounted specimens of wildlife lawfully killed in another state or nation or raised under the authority of a propagation permit may still be sold without a permit. Taxidermists may contact their local Pennsylvania Game Commission regional office for further information on the sale of inedible wildlife parts.

The following regulations are taken directly from the PA CODE — Title 58

Subchapter H. PROTECTED SPECIMEN
Sec.
147.141.     Sale of wildlife and wildlife parts.
147.142.     Possession of wildlife accidentally killed by a motor vehicle.
147.143.     Transfer of lawful possession of abandoned venison. (N/A to taxidermy)
147.144.     Transfer of lawful possession of abandoned venison to food banks. (N/A to taxidermy)
147.145.     Unlawful acts. (N/A to taxidermy)
147.146.     Sale of inedible wildlife parts.

§ 147.141. Sale of wildlife and wildlife parts.
(This is the Commissions authority to sell to the public & the minimum fee schedule)
     (a) Wildlife or parts of wildlife accidentally killed on the highway or by other causes, illegally taken, shot for crop damage or live deer removedfrom the wild, may be sold to a person under the following minimum fee schedule:
     (1) Deer antlers—$10 per point.
     (2) Deer cape—to include entire hide—$25.
     (3) Doe or spike buck head and hide—$25.
     (4) Fawn deer—$75.
     (5) Any live deer—$150.
     (6) Deer hide only—$5.
     (7) Pheasant, grouse, quail, squirrel, hare, woodchuck, mink, muskrat, opossum, skunk, weasel and racoon—$25.
     (8) Other small mammals—$25.
     (9) Turkey, beaver and fox—$50.
     (10) Bobcat, otter and fisher—$100.
     (11) Bears—minimum of $100.
     (12) Cow or spike elk head and hide—$100.
     (13) Elk cape—to include entire head—$100 plus $20 per point.
     (14) Elk antlers—$20 per point.
     (15) Elk hide—$25.
     (16) Live elk—minimum of $100.
     (17) Any other species may be sold at public auction or through sealed bid.

     (b) An official Commission receipt shall serve as person's permit to possess and retain the wildlife sold under authority of subsection (a).
     (c) Live deer may only be sold to persons holding an existing and current Wildlife Propagation or Wildlife Menagerie Permit.
     (d) Except those accidentally killed by a vehicle, sales of wildlife or wildlife parts may not be made to the person who caused the death or removal from the wild of the bird or animal or a member of the immediate household, or a person acting on their behalf.

Authority
     The provisions of this § 147.141 amended under the Game and Wildlife Code. 34 Pa.C.S. § § 103(a) and 2102(a).

Source
     The provisions of this § 147.141 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464; amended March 10, 1989, effective March 11, 1989. 19 Pa.B. 1020; amended June 6, 1997; effective June 7, 1987, 27 Pa.B. 2743; amended September 27, 2002, effective September 28, 2002, 32 Pa.B. 4715. Immediately preceding text appears at serial pages (285092) and (242891).

Cross References
     This section cited in 58 Pa. Code § 147.42 (relating to possession of deer accidentally killed by a motor vehicle).
 
 
§ 147.142. Possession of wildlife accidentally killed by a motor vehicle.
     (a) A resident of this Commonwealth may immediately take possession of a deer accidentally killed on the highway and transport it to a place of safekeeping within this Commonwealth. The person taking possession shall contact a regional office or a local Commission officer, for a permit number within 24 hours after having taken possession of the deer. The permit number shall be considered a valid permit for the purposes of the act and this part and shall be valid for a period not to exceed 120 days from the date of issuance. The whole or any part of the deer may not be given to any person nor may any edible part be removed from the recipient's place of residence. The recipient may not sell or transfer the hide to any other party except the hide may be given to the deer processor. Unused parts of the deer must be disposed of lawfully.
     (b) Holders of a valid furtakers license may take possession of a furbearer, except river otters, bobcats and fishers, accidentally killed on the highway. Persons taking possession of any furbearer under this section during the closed season for taking that furbearer shall within 24 hours contact any Commission regional office to make notification of said possession.
     (c) It is unlawful:
          (1) To possess a deer accidentally killed on the highway for more than 24 hours without applying for a permit number.
          (2) To give the whole or an edible part of a deer to a person.
          (3) To fail to comply with one or more conditions of the permit.
          (4) For a nonresident to possess a deer accidentally killed on the highway.
          (5) To possess a furbearer accidentally killed on the highway during the closed season for more than 24 hours without notifying the Commission.
          (6) To possess a river otter, bobcat or fisher accidentally killed on the highway, unless otherwise permitted by the Commission.

     (d) This section is not applicable under circumstances when a person is charged with violating another statute or regulation involving deer or furbearers. This section may not be used nor will it be accepted as a defense in a legal proceeding involving these cases.

     (e) This section may not be construed in any manner to limit lawful possession of furbearers under § 147.141 (relating to sale of wildlife and wildlife parts).

Authority
     The provisions of this § 147.142 amended under the Game and Wildlife Code, 34 Pa.C.S. § § 103(a), 2102(a) and 290(b).

Source
     The provisions of this § 147.142 adopted November 15, 1991, effective January 1, 1992, 21 Pa.B. 5344; amended April 15, 2005, effective April 16, 2005, 35 Pa.B. 2306; corrected January 13, 2006, effective June 4, 2005, 36 Pa.B. 194; amended June 16, 2006, effective June 17, 2006, 36 Pa.B. 2979; amended December 8, 2006, effective December 9, 2006, 36 Pa. B. 7453. Immediately preceding text appears at serial pages (319753) to (319754).

 
§ 147.146. Sale of inedible wildlife parts
     (a) Wildlife lawfully taken within this Commonwealth that has been mounted, tanned or completely prepared for study or display in accordance with generally accepted taxidermy procedures may be sold if one of the following conditions is met:
          (1) The original owner is deceased.
          (2) The original owner's assets are being liquidated.
          (3) The original owner's specimen is determined to be unclaimed as provided for in subsection (b).

     (b) A specimen will be considered unclaimed when the following conditions are met:
          (1) The specimen was lawfully possessed when originally deposited with the taxidermist.
          (2) The specimen was mounted, tanned or completely prepared for study or display in accordance with generally accepted taxidermy procedures.
          (3) The taxidermist has made a reasonable effor to contact the original owner or depositor through any means generally available to inform the owner or depositor that the specimen is complete and should be picked up within a certain time period.
          (4) The owner, or the original depositor of the specimen, has been notified by certified, first-class mail and has failed to contact the traxidermist within 30 days of receipt of the notice; or the taxidermist is notified by the postal authorities the certified mail is unclaimed or undeliverable. The specimen will be considered unclaimed after 30 days from the date the taxidermist was notified.

     (c) Before selling a specimen, a permit shall be obtained from a Commission officer.
     (d) An executed copy of the permit application (PGC-12) shall list the items to be sold. The permit is valid for 120 days.
     (e) The fee for a permit issued under this section is $5.
     (f) The original owner of a specimen may donate the specimen to a wildlife conservation organization, which may then sell the specimen without a permit for fund raising purposes.
     (g) Second and subsequent owners of wildlife parts acquired in acordance with section 2312(c)(1) of the act (relating to buying and selling of game) may sell the parts if included as part of a manufactured or finished product.
     (h) Second and subsequent owners of deer hides acquired in accordance with section 2312(c(1) of the act may buy and sell the deer hides. Deer capes may only be sold by the original owner.
     (i) A person violating this section shall be subject to the penalties provided in section 2312 of the act.

Authority
     The provisions of thie § 147.146 issued under the Game and Wildlife Code, 34 Pa.C.S. § § 2102(a) and 2312(c)(2); amended under the Game and Wildlife Code, 34 Pa.C.S. § § 2102(a), 2312(c)(2) and 2901(b).

Source
     The provisions of this § 147.146 adopted November 2, 2001, effective November 3, 2001, 31 Pa. B. 6052; amended March 23, 2007, effective March 24, 2007, 37 Pa.B. 1312. Immediately preceding text appears at serial pages (285093) to (285094).

 
Richard Palmer — Director, Bureau of Wildlife Protection, PGC - answered the following frequently asked questions.
Q. Can taxidermists purchase from the PGC specimens to mount — not to be resold — only for display purposes?
A. Yes, they can as any other citizen cn purchase, they just can't resell.

Q. The $5 permit valid for 120 days on UNCLAIMED SPECIMENS. Can you hang onto the item until you get a buyer and then get the $5 permit? Is there a time limit here? A piece might set around a year or so before someone asks about it.
A. Good question, because there is a prohibition on "offering for sale", however we believe the intent of the permit is to allow the sale and the regulations state the "before selling a specimen a permit shall be obtained". We would recommend that the taxidermist not "advertise" the specimen for sale prior to obtaining a permit just to avoid misunderstanding, however the taxidermist could retain the specimen as long as they wished prior to the sale and obtain the permiit when someone inquired about the mount if on display.

Q. Can taxidermists sell tanned deer hides?
A. Second and subsequent owners of deer hides acquired within 90 days of the close of the season as required, may buy and sell the hides.

Wednesday, January 02, 2008