Lacy act only applies to illegally obtained (poached) animals
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Originally posted by Austin View PostIt doesn't pertain to just migratory birds . . It was primarily directed at big game. It was one of many legal actions taken over a hundred years ago to end market hunting in the United States. Collectively these laws made the sale of any GAME ANIMAL, or component thereof, illegal. You can still buy and sell non-game animals/animal parts. In addition, many states also have their own laws making the sale of any game animal parts illegal. If a state says it isn't illegal, it doesn't matter because federal law trumps state law. The sale of antlers is often not that well enforced. But every now and then they'll decide to make an example out of someone.Originally posted by Mexico View Post
Sidenote: Texas contradicts federal law regarding elk, because for some reason they have tried to legally classify them as "exotic" instead of native. Which makes zero sense.Last edited by Longue Carabine; 10-24-2018, 05:14 PM.Comment
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Not true, per TPWD rule book. Granted it doesn't specify Elk, but other antlers are addressed.
Sale of Inedible Wildlife Parts
The following inedible wildlife parts may be purchased or sold if lawfully taken or possessed:
Hair, hide, antlers, bones, horns, skull, hooves, or sinew from the following game animals: mule deer, white-tailed deer, pronghorn, desert bighorn sheep, gray or cat squirrels, fox squirrels or red squirrels, and javelina (aka collared peccary).
Feathers, bones, or feet of game birds (turkey, pheasant, quail, and chachalaca) other than migratory birds may be used, purchased, or sold for making fishing flies, pillows, mattresses, and other similar commercial uses.
Feathers from migratory birds may not be purchased or sold for hats or ornamental purposes nor may a person purchase or sell mounted migratory game bird specimens or their parts taken by hunting.Comment
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When I lived in Co. I found out that Elk not tested for CWD are illegal to sell any part of the animal - horns too unless they are treated for itComment
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There is no federal law pertaining to the sale of legally taken elk. There is no contradiction.Originally posted by Longue Carabine View PostComment
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I've read up on the Texas law and have talked to local game warden about this issue. No need to keep arguing. Its printed plain and simple in your annual hunting handbook. You can also look it up on line.Originally posted by Longue Carabine View Post
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The Lacey Act only applies to fish, wildlife, and plants that have been taken, possessed, transported, or sold in violation of a state, federal, tribal, or foreign law.
TPWD has jurisdiction over wildlife resources of the State of Texas, of which elk are not a part.
Outdoor Annual:
So the sale of elk horn in Texas is legal because there is not state law prohibiting it. It is not a violation of federal law (Lacey Act) unless it can be proven that this elk was taken, possessed, or transported in violation of some law.The following inedible wildlife parts may be purchased or sold if lawfully taken or possessed:
Hair, hide, antlers, bones, horns, skull, hooves, or sinew from the following game animals: mule deer, white-tailed deer, pronghorn, desert bighorn sheep, gray or cat squirrels, fox squirrels or red squirrels, and javelina (aka collared peccary)
I was in Chama this year and market is less there- $10 or so a pound. Supply and demand I suppose.
It's kind of hard to believe from Antlers86 post that sheds bring more per pound that a skull cap. In that case I'd break them apart and sell them as sheds. 12 lbs. for a set at $20/lb. is $240 vs. the $150-$200 per skull cap. Weird...Comment
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This is incorrect, captain. To quote the Lacey Act itself:Originally posted by Longue Carabine View Post
16 USC §3372(a) Offenses other than marking offenses It is unlawful for any person—
(1) 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;Comment
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Lmao! You find one with antlers I'll buy it from youOriginally posted by austin.28 View PostYeah ducks and geese antlers won't fetch much anyway
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Ill be on the lookoutOriginally posted by Mexico View PostLmao! You find one with antlers I'll buy it from you
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Well it all worked itself out....the family decided they would keep them for now. But y’all can keep hashing it out over being legal or not so I’ll know what to tell them down the road
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The best part of getting older is you can learn something new everyday. Just saying....Originally posted by Longue Carabine View Post
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And FTR I never thought it was illegal...hence me asking what they was worth. But I’ve been wrong before!Comment
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