The Oklahoma Bar Journal March 2024

and under certain circumstances, a taxidermist may sell an unclaimed specimen. 32 Finally, native wildlife may be sold at an estate sale if the statutory requirements are met. 33 As for taxidermists, they may also be bound by additional federal regulations. A federal permit is required to provide taxidermy services on migratory birds, their parts, nests or eggs. 34 Also, under the federal permit, the taxidermist must keep records of each transac tion, including the parties involved, the number and species involved and certain completed forms. 35

TAXIDERMY If you hunt and fish, you may want to keep a part of your bounty. Taking your kill to a taxidermist for “stuffing” or “mounting” is a common way of memorializing your success. However, once you receive your trophy, it is yours to keep. Generally, wildlife may not be bought, sold, bartered or traded. 29 Dead wildlife, and the parts thereof, is included in the statutory definition of wildlife. 30 There are exceptions to the prohibition on sale. For one, some exceptions exist for furbearing ani mals. 31 Additionally, under state law

WILDLIFE REHABILITATION Wildlife rehabilitation facilities, such as WildCare Oklahoma and the Citizen Potawatomi Nation Eagle Aviary, are not zoos and are subject to different laws and regula tions. A rehabilitation license does not permit a rehabber to keep wild life as a pet. The facility must have a valid license from the Oklahoma Department of Wildlife, and if they plan to rehabilitate certain species of birds, they need a permit from the U.S. Fish and Wildlife Service Migratory Bird Office. Under the annual Oklahoma license, rehabbers agree to be bound by 29 O.S. §5-601, Wildlife Breeders’ Sale and Transportation of Wildlife, “except for those parts referring to the sale of wildlife ... which is not authorized under this license.” 36 As part of the Oklahoma licensing process, the rehabber agrees that their infor mation will be placed on a list that may be distributed to the public. 37 Additionally, anyone holding an Oklahoma wildlife rehabilitation license cannot also possess a commercial breeder’s license. 38 Further guidance for rehabilitation facilities can be found in Section 800:25 of the Oklahoma Administrative Code. 39 Under federal law, the permit is in effect for up to five years. The applicant is bound by the Federal Migratory Bird Treaty Act and is directed to review 50 CFR §§10, 13 and 21.31. At a min imum, the applicant must be at least 18 years of age with at least 100 hours of hands-on experience gained over the course of at least one whole year “rehabilitating each type of migratory bird [they] intend to rehabilitate.” 40 There are many additional requirements: for example, minimum caging

Author Rhonda McLean and her cat, Bridgette

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

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THE OKLAHOMA BAR JOURNAL