Selling Elk Antlers From Idaho

July 6, 2017

Question: I work at Moscow Hide and Fur in Moscow, Idaho (not Russia). We received an email recently referring us to your Q and A web site. It’s a great resource and we appreciate the time you put into it and all the other things you do. We think we may be one of the companies referred to in this previous question about elk antlers.

I remember that CDFW used to publish a brochure about selling wildlife. It parsed out the language of 3039(c) in a way that is more readable, the same way your answers do. I’ve asked people much smarter than me to read 3039(c) and they don’t seem to be able to agree exactly how to interpret it either. So since we are not sure, we strictly follow the information from the old brochure we have from CDFW. In one part of the brochure it states that no part of an elk or various other animals can be sold.

We assume the status of elk antlers has changed at some point since that brochure was printed, but not by statute. Can you please point me to someone who could clarify this to satisfy our lawyers? (Barrett S., Moscow, ID)

Answer: Statutes regulating trade in wildlife parts have changed over the years, so CDFW doesn’t recommend relying on a brochure that is out of print. As you mentioned, Fish and Game Code, section 3039 is the key statutory provision regarding elk to be aware of. Within this code section, subdivision (a) provides that:

(a) Except as otherwise provided in this section, Section 3087 [relating to unclaimed taxidermy mounts], Section 4303 [allowing sale of lawfully taken deer hide], another provision of this code, or a regulation adopted pursuant to this code, it is unlawful to sell or purchase a bird or mammal found in the wild in California.

It doesn’t matter whether a species is indigenous. This language would also apply to wild pigs that are not native, but “found in the wild.”

Subdivision (c) makes an exception for shed antlers and some other antlers, but complete antlers or mounts may not be sold. Here’s the statutory language:

(c) Shed antlers, or antlers taken from domestically reared animals that have been manufactured into products or handicraft items, or that have been cut into blocks or units which are to be handcrafted or manufactured into those articles may be purchased or sold at any time. However, complete antlers, whole heads with antlers, antlers that are mounted for display, or antlers in velvet may not be sold or purchased at any time, except as authorized by Section 3087.