§ 11-0917 — Possession, transportation and sale of wild game and other wildlife

§ 11-0917. Possession, transportation and sale of wild game and other\n wildlife.\n 1. Wild game and other wildlife, taken in this state, and parts\nthereof, may, if lawfully taken, be\n a. possessed.\n b. transported within the state and from within to without the state,\nand\n c. bought and sold, as provided in this section and in the sections of\nthe Fish and Wildlife Law and regulations of the department to which\nthis section refers, and not otherwise. It shall not be possessed,\ntransported, bought or sold unless lawfully taken, nor transported,\nbought or sold unless lawfully possessed. Nothing in this section\napplies to any game which is not wild game, as defined in subdivision 2\nof section 11-0103.\n 2. Unprotected wildlife may be possessed, transported, bought and sold\nwithout restriction except as provided in subdivision 9 or subdivision\n10.\n 3. Game for propagation purposes may be transported without\nrestriction except as provided in subdivision 8 or subdivision 10.\n 4. The carcasses, flesh, head, hide, feet or fur of wildlife, except\nbirds, may be bought and sold without restriction, except as provided in\nsubdivisions 8, 9 or 10. The head, skin plumage, hide, feet or fur of\nwildlife may be possessed and transported without restriction except (a)\nas provided in section 11-0911 with respect to deer, (b) as provided in\nsubdivision 9 with respect to birds, and (c) as provided in subdivision\n8 or subdivision 10.\n 5. Game taken and possessed in one part of the state may be\ntransported as provided in this section by the taker, or any person who\nacquires it lawfully from the taker, and possessed by the taker or by\nsuch person in any part of the state for the period during which it may\nbe possessed at the place where taken.\n 6. Skunk, bobcat, mink, raccoon and muskrat may be bought and sold\nalive during their respective open seasons.\n 8. Migratory game birds and beaver, fisher, otter, bobcat, coyote,\nfox, raccoon, skunk, muskrat and mink shall be possessed, transported\nand disposed of only as permitted by regulation of the department.\n 9. a. The flesh of cottontail rabbits, varying hares, European hares,\nsquirrels, bear and deer shall not be bought or sold.\n b. Bear gallbladders and bile shall not be possessed, bartered, sold\nor offered for sale or offered for barter unless a valid bear tag is\nattached. For the purposes of this paragraph a valid bear tag shall mean\nthe tag or similar identification required by the governmental entity\nthat permitted the legal taking of such bear. Possession of a bear\ngallbladder without a valid bear tag shall be prima facie evidence of a\nviolation of this paragraph. A minimum five thousand dollar penalty\nshall be issued per infraction of this paragraph. Nothing in this\nsection prohibits an officer, employee, or agent of the federal\ngovernment or the department from possessing, transporting, delivering,\nor receiving bear gallbladders or bile, for wildlife law enforcement\npurposes.\n c. Notwithstanding paragraph a of this subdivision, game legally taken\nmay be possessed, prepared and served by a non-profit organization at\nany meeting for the members and guests provided that there is no charge\nfor the meal.\n d. Game legally taken may be donated to, and possessed, prepared and\ndistributed by a charitable or not-for-profit organization which serves\nor distributes food without cost to the poor or needy. Game or packages\nof game donated pursuant to this paragraph shall, notwithstanding the\nrequirements for tagging and labelling of game contained in paragraph b\nof subdivision 5 of section 11-0911 of this title, be tagged, labelled\nor marked "not for sale" and such tag, label or marking shall identify\nthe type of meat, the license number of the taker, the name and address\nof the professional processor of the game and the date of processing.\nThe department shall make available instructions for the safe and\nsanitary preparation of game, a list of professional processors where\npotential donors may take their game for preparation and packaging and a\nlist of charitable or not-for-profit organizations which accept\ndonations of game. Professional processors, charitable and\nnot-for-profit organizations may notify the department of their\nintention to participate in such distribution, and the department shall\ninclude them in its lists unless good cause otherwise exists.\n e. The dead bodies of birds belonging to all species or subspecies\nnative to this state, defined in subdivision five of section 11-0103 of\nthis article, as protected wild birds, or belonging to any family of\nwhich any species or subspecies is native to this state, and is so\ndefined in subdivision five of section 11-0103 of this article, shall\nnot be sold, offered for sale or possessed for sale, for food purposes.\n f. The plumage, skin or body of any wild bird shall not be sold,\npossessed for sale or offered for sale.\n g. No live wolf, coyote, coydog, fox, skunk, venomous reptile or\nraccoon shall be possessed or transported, except under a license or\npermit issued by the department. Every such license or permit shall\ncontain a prominent notice thereon warning the licensee or permittee of\nhis or her duty to exercise due care in safeguarding the public from\nattack by such wild animal or venomous reptile and that failure to do so\nis a crime under section three hundred seventy of the agriculture and\nmarkets law. The provisions of the opening paragraph of section three\nhundred seventy of the agriculture and markets law except the last\nsentence thereof shall be set forth on such license or permit\nimmediately following such warning notice.\n 10. No wildlife shall be possessed, transported or sold contrary to\nthe terms of any statute, or regulation, permit or license of the\ndepartment, pursuant to which it was taken or acquired.\n