OK to Donate and Raffle Off Bear Skin Rugs?

January 9, 2015

Question: One of our club members was cleaning out his home recently and came upon a grizzly bear skin rug he has had for many years. He would like to donate it to our club. We want to be sure this is alright, and second, would we need something in writing from him indicating that it is a donation to the club? If, in the future, we want to include this rug in a raffle, can we do so? We aren’t certain if there are restrictions regarding this type of bear hide. Thank you for your help with this matter. (Bonnie V.D.)

Answer: The donation of the bear-skin rug to your club is not a problem, however, it would be illegal for the club to offer it as a “prize” in a raffle (e.g. the person who holds the winning ticket “exchanges or trades” it for the rug).

The exchange of the rug for a winning ticket is prohibited by Fish and Game laws that prohibit the sale of any part of any bear and defines sale to include “exchange or trade.” Grizzly bears are also protected by federal laws. Contact the U.S. Fish and Wildlife Service for information regarding what, if any, federal laws may apply. They can be reached online at www.fws.gov.

If the raffle didn't require the person to buy a winning ticket, would that be alright?  For example; Let's say an event that is free to attend includes one raffle ticket.  There is an option to purchase more raffle tickets, but it's not required to do so in order to win since a free ticket is handed out to anyone that attends. 


BTW, looks like they are recycling the questions being asked;
http://www.norcalkayakanglers.com/index.php?topic=62045.0

If the raffle didn't require the person to buy a winning ticket, would that be alright?  For example; Let's say an event that is free to attend includes one raffle ticket.  There is an option to purchase more raffle tickets, but it's not required to do so in order to win since a free ticket is handed out to anyone that attends. 

Shooting from the hip because I haven't researched it, but I'd say no, not ok.

The "no purchase necessary" rules are intended to avoid sweepstakes and private lottery prohibitions dating back over a century. To avoid those rules, the promoter must offer a way to enter at no charge.

On the other hand, DFG regs state that you can't sell or barter or trade for something of value (paraphrasing). Merely providing a way to enter a raffle for free, while selling additional tickets at some cost, doesn't pass that test. At least I don't think it does. I could be wrong.

What about a potluck that includes game?  Let's say there is a pot luck that takes place at an event that required a fee for entry to the event, even though the pot luck itself isn't part of the entry fee.  Seems to me that would constitute the sale, exchange or trade rule.  While the game meat is donated, there is a fee to attend the event and participate in the potluck. 

What about a potluck that includes game?  Let's say there is a pot luck that takes place at an event that required a fee for entry to the event, even though the pot luck itself isn't part of the entry fee.  Seems to me that would constitute the sale, exchange or trade rule.  While the game meat is donated, there is a fee to attend the event and participate in the potluck. 

The practice has been that if the game component hasn't been advertised or promised in any way, it's ok. If it's advertised as an abalone feed, that's not ok. That's been the agency interpretation anyway.

Thanks Crash!  I never would have even thought that a potluck might be a violation of the game laws, but these days, you can never tell!  We all catch fish and contribute to the potlucks, some even their hunting game is contributed.  Would really be a shocker to find out that an event that had an entry fee would somehow technically be violating the law. 

Thanks Crash!  I never would have even thought that a potluck might be a violation of the game laws, but these days, you can never tell!  We all catch fish and contribute to the potlucks, some even their hunting game is contributed.  Would really be a shocker to find out that an event that had an entry fee would somehow technically be violating the law. 

Nothing that NCKA does in this regard runs afoul of the law in this respect. Any charge for an event is for schwag, operating costs, site fees, etc. a potluck is advertised but is not part of the paid part of the event. Anyone who shows up will be fed whether they participate in the paid part of the event or not, and whether they contribute food to the event or not.
If an event advertised in a thread here ever crossed that line plenty of people would speak up about it.