Can't sell wild game?

[TripleDigitRide]

I am not a hunter, so I'm not up on all of the laws. But I thought this was pretty interesting. I could understand if you were poaching, but I didn't realize someone who legally hunted an animal couldn't sell it.

Killing wild game isn't a crime, but selling it is | tennessean.com | The Tennessean

Killing wild game isn't a crime, but selling it is

Randy Charles Lindsey had planned to make his living this winter selling the wild game he hunted.

But the sale of $400 worth of doves to an undercover agent last year has landed the Tennessee man in trouble with the federal government. When he sold the doves he shot, the hunter broke a federal law. As a result,

Lindsey, 41, is now a convicted felon and could face jail time or probation for violating anti-poaching rules.

John Rayfield, a special agent with the U.S. Fish and Wildlife Service, said the charges are relatively rare. Lindsey shot and sold 300 doves over the course of the investigation, agents said. But the number of doves had nothing to do with the federal charges. Selling one dove is against the law.

The federal ban on selling birds was born almost a century ago, at a time when people decorated their hats with egret feathers and wrote with pelican-quill pens. Much has changed since then, but the need for the ban remains, federal authorities say.

"Once you attach a price to it, you go back to the old market hunting days," said Rayfield, who helped the Tennessee Wildlife Resource Agency investigate Lindsey.

Recently, investigators have caught poachers in Tennessee selling a variety of game. In a garage behind Rayfield's office, the feds are storing 2,000 pounds of mussel shells that are part of a poaching case. The mussels were among tens of thousands illegally harvested from Tennessee rivers and shipped to Japanese pearl-making operations.

Earlier this month, Michael Ray Kirkland, 50, of Knoxville was charged with offering to sell a black bear rug and stuffed waterfowl to an undercover state wildlife agent at a flea market. It is legal to have ducks and geese stuffed as personal hunting trophies, but it's illegal to sell them. Trafficking in bear parts is also prohibited.

"It can create a slippery slope if you allow (game) to be commercialized" and could eventually lead species to be hunted to the brink of extinction, U.S. Sportsmen's Alliance spokesman Greg Lawson said.

The law is so strict, Nashville hunter and taxidermist Brian Brew isn't allowed to sell stuffed ducks if customers drop them off but never come back to get them.

Though the rules seem harsh at times, Brew said, they are still needed today to keep sportsmen from targeting certain species.

"I understand where these laws are coming from," Brew said. "It might sting my pocketbook sometimes … but they were made for a reason and they need to be kept for a reason."

Restrictions date to 1918

Federal laws restricting the sale of wild game go back to 1918, when Congress first made it illegal to sell migratory birds. It is also against the law to sell their feathers, eggs or nests.

In addition to those federal laws, state law makes the sale of other hunted animals — anything from bass to deer to bears — a misdemeanor punishable by no more than a year in jail. If the animal is sold for $500 or more, the charge is upgraded to a felony.

"All environmental laws relate to quality of life and the ability of the government to protect all people and all creatures," U.S. Attorney Ed Yarbrough said.

Yarbrough's office prosecutes everything from mail fraud to violent criminal offenses. By comparison, a dove salesman may seem relatively harmless, but prosecutors say the crime is serious.

"If we allow people to poach and otherwise go unreined … it destroys the quality of life for the other Tennesseans that follow the rules," Assistant

U.S. Attorney John Webb said.

Last fall, a state wildlife agent posing as a caterer approached Lindsey about buying rabbits, according to federal court documents.

In September 2008, that agent met Lindsey at his Nashville home to talk about the rabbits. While they were there, the men also allegedly discussed doves.

Five days later, he sold the undercover agent about 150 mourning doves for $160. Lindsey sold almost 150 more doves to undercover agents in four more visits, according to court records. In all, he collected $394 for the birds.

Convictions of violating federal laws barring the sale of migratory birds can carry prison sentences of up to 2 years. Under the terms of a plea agreement, prosecutors are recommending probation or a sentence of no more than six months behind bars for Lindsey.

The federal charge will end his legal hunting career. Lindsey will be a convicted felon, meaning he will no longer be able to lawfully carry a gun.

On Monday, Lindsey is scheduled to appear in state court on several additional charges stemming from the alleged illegal sale of whitetail deer and cottontail rabbits he shot in 2008. Those charges are misdemeanors.

Through his attorney, Lindsey declined to comment on the case.

Wildlife agents believe most hunters know the rules.

"The vast majority of hunters out there are the most conscientious conservationists," he said. "They know the law."

[Hidalgo]

I agree with the laws. Hunting is a privilege, and shouldn't be used for monetary gain of any sort.

[Guest KarlS]

I also agree. Federal migratory birds are a no no. State laws vary and must be read carefully. I'd be wrong to say people poach just to eat.

[Guest AmericanWorkMule]

I've seen on many occasions Laotians pulling up the gill net they had stretched across the river, once they seen me taking their picture. They also had some turtles too.

[Guest Mugster]

I also agree. Federal migratory birds are a no no. State laws vary and must be read carefully. I'd be wrong to say people poach just to eat.

People poach here to eat all the time. I'm not sure how things are up in NH, but down here outside of the cities we have some some counties with nearly 30% unemployment and a dying agricultural base. Guys are poaching deer year around to feed their families. And I can't blame em.

[DaveS]

I have guys at work all the time asking to buy a deer off me when I shoot them. I always tell them I will GIVE you the deer. My bullet costs 25 cents. Help me process it, and it's yours.

[Guest KarlS]

People poach here to eat all the time. I'm not sure how things are up in NH, but down here outside of the cities we have some some counties with nearly 30% unemployment and a dying agricultural base. Guys are poaching deer year around to feed their families. And I can't blame em.

Please don't take me wrong on this one. I understand that. That goes on everywhere including here. Moose are mighty temping when they stroll through your yard. That's a whole year's food to some. People have to eat and when the SHTF anythings game.

It's hard for anyone to express in this subject on a public forum without backlash. Touchy thread with legal issues. Gotta be careful what's said. If the guy ate the doves he would have been fine maybe, but he sold them. Food is food but selling for money opens up a black market trade that's not good for anyone including the guy who wants to eat. LE here anyway, knows it goes on but will turn a blind eye to those who need it to survive. I think if they knew it was being sold though they would crush it.

[Chief07]

I know that when you take your deer to the butcher the package states "not for resale". So I guess it's the law.

I gladly give deer meat to neighbors if they are in need. I am not aware of any laws aganst that.

[Guest Mugster]

Please don't take me wrong on this one. I understand that. That goes on everywhere including here. Moose are mighty temping when they stroll through your yard. That's a whole year's food to some. People have to eat and when the SHTF anythings game.

It's hard for anyone to express in this subject on a public forum without backlash. Touchy thread with legal issues. Gotta be careful what's said. If the guy ate the doves he would have been fine maybe, but he sold them. Food is food but selling for money opens up a black market trade that's not good for anyone including the guy who wants to eat. LE here anyway, knows it goes on but will turn a blind eye to those who need it to survive. I think if they knew it was being sold though they would crush it.

Thats 40% of the bone I have to pick with the TWRA. They'll slap a man in jail for feeding his family and not think twice. Call child protective services while they're checking him in.

My opinions are my opinions. I'll tell you flat up and any TWRA officers that might be reading this thread or tell them to their face that I won't turn anyone in for poaching or any other hunting offence. Shrug. I've been to a couple TWRA board meetings and expressed my opinions on various things, mainly the cost of licenses and how they enforce the rules. I gave up, they ain't going to listen to me.

[Guest KarlS]

When I lived in AK a man could get away with murder but poach a moose and they will hunt you down forever. No joking. They also a different way of dealing with poaching that other states could adopt. They had a subsistance license at a cost of .25Cents. You had to prove your financial status and abide by hunting regs but you got 6 deer tags, moose,sheep,goat, 6 caribou tags, and gill netting salmon. It worked pretty well and by god if you couldn't get your food for the year something was wrong.

Why can't states adopt programs in tough times to help out and make it legal. IE; we have deer culling programs here but it goes by drawing. Why not make it by income and let the people that need it have the tags. I don't know how many tags you get there but here is one and that's it. Whether by archery, BP, or rifle. You shoot your one and your done unless you get drawn for a special doe tag. That's not enough for a year of eating.

Tough issues in tough times. If Obama's man Cass Sunstein gets his way there will be no more hunting or fishing. Watch for changed regulations on federal lands to start. From there it will just spread.

[memphismason]

I definitely understand the reason behind the law, but it sounds like the fellow in the story wasn't involved in anything devious. But the Law is the Law.

[ShaunM]

I agree with the law, to many poachers as it is. If the law changed you would have people killing everything to make a "buck"......sorry for my bad joke. In all reality I think it is a very good law.

[DaveS]

I don't dove hunt anymore, so I don't know how many doves you can have in your freezer at one time. I know the limit on rabbits is 5 per day. Possession limit after opening day is 10. So therefore, I can only have no more than 10 rabbits in my freezer at any given time. What is it for doves? 300 doves seems like a lot to have in your possession. I personally am thankful for the laws. As a country boy growing up, if you wanted to see a deer, bear or turkey, you had to travel to some big city zoo. If a man wants to harvest an animal for food...so be it.

[Guest jackdm3]

I understand conservation, but I think the IRS has a big hand in this under the quise of TWRA.

[2000silverz28]

So is it legal to sell a deer head you've had mounted? I've seen several online for sale. Just wondering.

[Kelemvor]

I understand conservation, but I think the IRS has a big hand in this under the quise of TWRA.

Seriously. I've never seen the gub'ment with a pure non-vested interest in the environment.

[Sidewinder]

I don't agree with selling wildlife, but I do agree with a man taking enough to feed his family, if they are in need. There was a time when most people were responsible hunters, and only took what they could use for their family and neighbors. That was when cars had lots of chrome, and a man's handshake, while looking you in the eye, was as good as any contract. The good 'ol days.

Why do they call it common sense, when it's so uncommon? TN Sen. Fred Thompson

[Guest walkingdeadman]

I don't think there is anything wrong with selling wild game. If you are not going to use it all and someone is willing to "pay for your ammo" then why not. Now I am not saying that I would do it myself, but I am not judging anyone that would do it.

[Sidinman]

I see ads in the paper alot, wanting to buy old mounts. So is this some under cover agent, or just someone who doesn't know better?

[ShaunM]

I called the Middle TN TWRA Regional Office and asked them if it was legal to sell game mounts and he said that you could.

[DaveS]

When I was running my taxidermy shop, I could sell un-claimed trophies for only what I had invested in it. Could not sell waterfowl of any kind, or bears or bear parts. I think the law has changed some on bearskin rugs and mounts. Not 100% sure on that though.

[Armed Aviator]

WOW! I didn't know! I'm Ignert. People were selling deer jerky in South GA. all the time.

[Guest canynracer]

Sheesh...but now he is a FELON?!....just lost his gun rights...wow!

hard to kill dove with a bow!!!

[Chief07]

I don't agree with selling wildlife, but I do agree with a man taking enough to feed his family, if they are in need. There was a time when most people were responsible hunters, and only took what they could use for their family and neighbors. That was when cars had lots of chrome, and a man's handshake, while looking you in the eye, was as good as any contract. The good 'ol days.

Why do they call it common sense, when it's so uncommon? TN Sen. Fred Thompson

Yes the good ole days.

What ever happaned to them?

[inspecting1]

Well I grew up in Louisiana and there were times that I remember that if it would not have been for that old Remington model 700 classic it would have been real tight around the house. My dad used to tell stories about my older sister going to the gun cabinet and pointing at that rifle to let him know it was time to kill a deer (this was before she could talk). Where I grew up at it is rated as one of the top areas in LA to hunt big bucks so you can imagine what club dues were like. I do not agree with selling wild game if you kill it eat it! The complaints I have with hunting clubs is whole other post.