§ 50-11-2400 . Definitions.
§ 50-11-2420 . Repealed by 2012 Act No. 257, § 14, eff June 18, 2012.
§ 50-11-2430 . Fur trappers to carry proof of ownership of or permission to use land on which traps are set.
§ 50-11-2440 . Trapper to visit traps daily; visiting traps at night prohibited; traps not to be set in open area commonly used by persons or domestic animals.
§ 50-11-2445 . Removal of trapped wildlife; penalties.
§ 50-11-2450 . Commercial fur licensees to report annually to department.
§ 50-11-2460 . Traps allowed for trapping; traps to bear owner's name and address.
§ 50-11-2470 . Fur dealer, buyer, and processor's license.
§ 50-11-2475 . Fur processor's license.
§ 50-11-2480 . Persons not required to obtain fur buyer's license.
§ 50-11-2490 . Fur buyers and processors to keep daily register; register sheets to be submitted to department monthly; furs, pelts, or hides not properly tagged declared contraband.
§ 50-11-2510 . Convention on International Trade in Endangered Species (CITES) tagging of otter and bobcat pelts.
§ 50-11-2515 . Prohibited acts.
§ 50-11-2520 . Inspection of business premises and records of licensee; revocation of license for failure to allow inspection.
§ 50-11-2530 . Confiscation of illegal traps, devices, furs, pelts, and hides; sale of confiscated items; use of funds; destruction of illegal traps.
§ 50-11-2540 . Trapping season; unlawful to trap out of season without authorization; taking of coyotes.
§ 50-11-2550 . Repealed.
§ 50-11-2560 . Penalties.
§ 50-11-2565 . Penalties.
§ 50-11-2570 . Issuance of special permit to capture destructive animal.
§ 50-11-2575 . Repealed by 2012 Act No. 257, § 14, eff June 18, 2012.
For the purpose of this article:
(a) “Fur bearing animal” includes red and gray fox, coyote, raccoon, opossum, muskrat, mink, skunk, otter, bobcat, weasel, or beaver.
(b) “Fur buyer” means any person who purchases any whole fur bearing animal, raw or green furs, pelts, or hides.
(c) “Take” means to shoot, wound, kill, trap, capture, or collect, or attempt to shoot, wound, kill, trap, capture, or collect.
(d) “Commercial purposes” means taking or possessing any fur, pelt, hide, or whole animal for exchange, sale, trade, or barter and taking or possessing more than five furs, pelts, hides, or whole animals.
(e) “Trapper” means any person who takes or attempts to take animals by trapping.
(f) “Trap” means any device, other than a weapon, designed or constructed for taking animals.
(g) “Foot-hold trap” means a steel-jawed, spring-loaded device designed to capture the animal by the foot.
(h) “Live trap” means any box or cage designed for capturing and holding any animal unharmed.
(i) “Processor” means any person engaged in tanning or dressing furs, pelts, or hides of fur bearing animals for commercial purposes.
(j) “Transfer” includes selling, bartering, exchanging, and transporting.
(k) “Owner” means an individual or entity that owns property or equipment.
(l) “Agent” means an individual or entity appointed by the owner to act in his place.
CREDIT(S)
HISTORY: [Derived from former § 50-11-4310 (1985 Act No. 148, § 1)]; 1988 Act No. 561, § 1; 1988 Act No. 567, § 1; 1993 Act No. 181, § 1262; 2012 Act No. 257, § 4, eff June 18, 2012.
EFFECT OF AMENDMENT
The 2012 amendment inserted “coyote,” in item (a); removed “is taking for commercial purposes” from item (d); added items (k) and (l); and made other nonsubstantive changes.
§ 50-11-2420. Commercial fur license. - § 50-11-2420. Repealed by 2012 Act No. 257, § 14, eff June 18, 2012.
EDITOR'S NOTE
Former § 50-11-2420 was entitled “Commercial fur license” and was derived from former § 50-11-4330 (1985 Act No. 148, § 1); 1988 Act No. 561, § 1; 1988 Act No. 567, § 3; 1993 Act No. 181, § 1262; 2005 Act No. 82, § 1.
§ 50-11-2430. Fur trappers to carry proof of ownership of or permission to use land on which traps are set.
A person engaged in the act of trapping must be the owner of the property on which the traps or devices are set or has written permission from the landowner or his agent in possession to use the property for trapping.
CREDIT(S)
HISTORY: [Derived from former § 50-11-4340 (1985 Act No. 148, § 1)]; 1988 Act No. 561, § 1; 1993 Act No. 181, § 1262; 2012 Act No. 257, § 5, eff June 18, 2012.
§ 50-11-2440. Trapper to visit traps daily; visiting traps at night prohibited; traps not to be set in open area commonly used by persons or domestic animals.
A trapper must visit his traps at least once each day from two hours before sunrise to two hours after sunset and remove any animal caught with the exception that a trapper must visit body gripping traps when used in water sets and other traps when used in “submersion sets” at least once every forty-eight hours.
CREDIT(S)
HISTORY: [Derived from former § 50-11-4350 (1985 Act No. 148, § 1)]; 1988 Act No. 561, § 1; 1993 Act No. 181, § 1262; 2012 Act No. 257, § 6, eff June 18, 2012.
§ 50-11-2445. Removal of trapped wildlife; penalties.
It is unlawful for a person, other than the owner of the trap, or the owner's designee, to remove any lawfully trapped wildlife from any legally set trap. A designee must have in his possession written permission from the owner of the trap or the owner's agent, and must meet all commercial fur licensing requirements or be listed on a valid depredation permit. A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than two hundred dollars, or imprisoned for no more than thirty days.
CREDIT(S)
HISTORY: 1988 Act No. 567, § 2; 1993 Act No. 181, § 1262; 2012 Act No. 257, § 7, eff June 18, 2012.
§ 50-11-2450. Commercial fur licensees to report annually to department.
Any person required to be licensed under Section 50-11-2420 shall report to the department by April fifteenth of each year the number and type of furbearing animals taken, sold, or shipped, together with the names and addresses of persons to whom sold or shipped using forms as the department may prescribe. Any person failing to report by April fifteenth of each year shall, on the second offense, be denied a license for the following fiscal year.
CREDIT(S)
HISTORY: [Derived from former § 50-11-4360 (1985 Act No. 148, § 1)]; 1988 Act No. 561, § 1; 1988 Act No. 567, § 4; 1993 Act No. 181, § 1262.
§ 50-11-2460. Traps allowed for trapping; traps to bear owner's name and address.
(A) Only the following traps are allowed for trapping unless otherwise provided in this title:
(1) body gripping traps (generally known by the brand name “Conibear”) when used without bait for vertical water sets and vertical slide sets only;
(2) live traps, which also may be used to capture feral animals at any time without a license or permit from the department;
(3) foot-hold traps having an inside jaw spread of 5.75 inches or smaller when measured perpendicular to the pivot points when the trap is in the set position for land sets and 7.25 inches or smaller when measured perpendicular to the pivot points when the trap is in the set position for water sets;
(4) enclosed foot-hold traps such as the “Duffer”, “egg”, “coon-cuff”, and similarly designed dog-proof style traps designed for raccoons;
(5) snares may be used for water sets only; small snap, box, and other commonly used traps to capture commensal rodents or snakes in homes and businesses may be used by property owners, occupants, or their designees, at any time to capture snakes, rats, or mice.
(B) All other traps, including “deadfall” traps, are unlawful unless expressly authorized by the department by regulation.
(C) All traps must bear the owner's name and address or department-issued customer number either directly thereon or by an attached identification tag.
Credits
HISTORY: [Derived from former § 50-11-4370 (1985 Act No. 148, § 1)]; 1988 Act No. 561, § 1; 1993 Act No. 181, § 1262; 2003 Act No. 23, § 6; 2005 Act No. 82, § 2; 2012 Act No. 257, § 8, eff June 18, 2012; 2015 Act No. 20 (H.3762), § 1, eff May 7, 2015.
§ 50-11-2470. Fur dealer, buyer, and processor's license.
Any person other than a retailer of finished fur or manufacturer of finished furs, pelts, hides, similar articles, or parts of them who buys furs, pelts, hides, whole furbearing animals, similar articles, or parts of them in this State is required to have a fur buyer's license. The license is issued by the department at a cost of one hundred dollars for residents and two hundred dollars for nonresidents. The license is valid for the fiscal year in which issued. Any person transacting business under authority of such a license shall carry that license on his person.
CREDIT(S)
HISTORY: [Derived from former § 50-11-4380 (1985 Act No. 148, § 1)]; 1988 Act No. 561, § 1; 1988 Act No. 567, § 5; 1993 Act No. 181, § 1262.
§ 50-11-2475. Fur processor's license.
A person engaged in processing hides of fur bearing animals is required to obtain a fur processor's license. The license is issued by the department at a cost of two hundred dollars. The license is valid for the state fiscal year in which it is issued. A taxidermist who possesses any fur, pelt, hide, or whole fur bearing animal legally owned by another person, which he is temporarily holding for the purpose of processing, is not required to obtain this license. A commercial fur licensee who only processes furs, hides, or pelts taken by him is not required to have a processor's license. All processors and taxidermists must keep a daily register showing the name and address of each person from whom the fur, pelt, hide, or whole fur bearing animal is received, the number of each species, and the date and place of origin. All processors must report the information to the department not later than June thirtieth of each year.
CREDIT(S)
HISTORY: 1988 Act No. 567, § 6; 1993 Act No. 181, § 1262; 2005 Act No. 82, § 3; 2012 Act No. 257, § 9, eff June 18, 2012.
§ 50-11-2480. Persons not required to obtain fur buyer's license.
The following persons are not required to obtain a fur buyer's license:
(1) a person who acquires not more than five furs, pelts, hides, or whole animals for his own personal use during one season and not for barter, exchange, or sale;
(2) a person licensed as a fur processor;
(3) a taxidermist who possesses a fur, pelt, hide, or whole furbearing animal legally owned by another person which he is holding temporarily solely for the purposes of processing;
(4) a person acquiring furbearing animal carcasses without hides;
(5) an owner or enclosure operator of a permitted fox and coyote hunting enclosure who purchases live foxes or coyotes for release into the enclosure.
CREDIT(S)
HISTORY: [Derived from former § 50-11-4390 (1985 Act No. 148, § 1)]; 1988 Act No. 561, § 1; 1988 Act No. 567, § 7; 1993 Act No. 67, § 1; 1993 Act No. 181, § 1262; 2003 Act No. 23, § 5; 2005 Act No. 82, § 4.
§ 50-11-2490. Fur buyers and processors to keep daily register; register sheets to be submitted to department monthly; furs, pelts, or hides not properly tagged declared contraband.
All fur buyers and processors, other than retailers, shall keep a daily register on forms provided by the department showing the name and address of each person from whom any furs are purchased, the number of the seller's commercial fur license, and the number and types of furs, pelts, or hides purchased. Not later than the tenth day of each month, all buyers and processors shall furnish the department all of the daily register sheets for the previous month. Any fur, pelt, or hide not properly tagged or logged as provided in this chapter when examined by the department is declared contraband and must be confiscated by the department.
CREDIT(S)
HISTORY: [Derived from former § 50-11-4400 (1985 Act No. 148, § 1)]; 1988 Act No. 561, § 1; 1993 Act No. 181, § 1262; 2005 Act No. 82, § 5.
§ 50-11-2510. Convention on International Trade in Endangered Species (CITES) tagging of otter and bobcat pelts.
A person required to have a commercial fur license who takes an otter or bobcat must tag the fur, pelt, hide, or whole animal before it is sold, shipped, or transferred to a person or business, or transported out of the State, if required by the federal government in order to comply with the Convention on International Trade in Endangered Species (CITES). The department is authorized to issue CITES tags and shall charge a processing fee of three dollars for each order. The tags must be of a type and size the department prescribes. The tags must be securely attached and may not be removed until the time of processing. Any fur, pelt, hide, or whole animal which does not have a tag attached as required by this section or that is unlawfully tagged is declared contraband and must be confiscated. Tags may only be used for the specific species for which they are issued. These tags are nontransferable and may not be altered in any manner. The department may limit the number of tags issued for each species and the area in which they may be used. Furbearing animals taken live to be sold as live animals are not required to be tagged.
CREDIT(S)
HISTORY: [Derived from former § 50-11-4420 (1985 Act No. 148, § 1)]; 1988 Act No. 561, § 1; 1988 Act No. 567, § 8; 1993 Act No. 181, § 1262; 2005 Act No. 82, § 6.
§ 50-11-2515. Prohibited acts.
Except as otherwise permitted in this article, it is unlawful to possess, acquire, or transfer any raw or green fur, pelt, hide, or whole furbearing animal. It is also unlawful to possess, acquire, or transfer any untagged fur, pelt, hide, or whole animal that requires a tag. Any person convicted of a violation of this section is guilty of a misdemeanor and must be punished as provided in Section 50-11-2560. Each fur, pelt, hide, or whole animal found in violation of this section constitutes a separate offense.
CREDIT(S)
HISTORY: 1988 Act No. 567, § 9; 1993 Act No. 181, § 1262; 2005 Act No. 82, § 7.
§ 50-11-2520. Inspection of business premises and records of licensee; revocation of license for failure to allow inspection.
All enforcement officers and any other employee of the department designated by the board, at any and all reasonable hours, may inspect the business premises and records required by this article of any person licensed under this article to ensure compliance.
The license of any licensee who refuses to allow promptly an inspection authorized under this section is subject to immediate revocation.
CREDIT(S)
HISTORY: [Derived from former § 50-11-4430 (1985 Act No. 148, § 1)]; 1988 Act No. 561, § 1; 1993 Act No. 181, § 1262.
§ 50-11-2530. Confiscation of illegal traps, devices, furs, pelts, and hides; sale of confiscated items; use of funds; destruction of illegal traps.
The department may confiscate all traps and devices, furs, pelts, hides, and whole animals which are illegally possessed, tagged, or used. Where the department has no storage facilities for perishable items such as furs, it may sell them at a reasonable price and hold the proceeds pending the final outcome of the case. Upon conviction of the owner, any traps, devices, furs, pelts, hides, or whole animals being held may be disposed of as determined advisable by the department and any proceeds resulting from the sale must be used for the propagation and protection of game.
CREDIT(S)
HISTORY: [Derived from former § 50-11-4440 (1985 Act No. 148, § 1)]; 1988 Act No. 561, § 1; 1988 Act No. 567, § 10; 1993 Act No. 181, § 1262.
§ 50-11-2540. Trapping season; unlawful to trap out of season without authorization; taking of coyotes.
(A) It is lawful to trap furbearing animals for commercial purposes from December first of each year to March first of the succeeding year. It is lawful for an individual, or an individual's agent, to trap furbearing animals on the individual's private land for a noncommercial purpose with only a valid statewide hunting license during the established open hunting season. It is unlawful to trap any other times unless authorized by the department. It is lawful to take furbearing animals by other lawful means during the general open hunting seasons established therefor.
(B) It is lawful to trap coyotes from December first of each year to March first of the succeeding year. It is unlawful to trap coyotes at any other time unless authorized by the department. Notwithstanding the provisions of Section 50-11-1080, it is lawful to take coyotes by other lawful means at any time during the year.
(C) It is lawful for an individual, or an individual's agent, to trap beavers on the individual's private land for a noncommercial purpose with only a valid statewide hunting license year round.
Credits
HISTORY: [Derived from former § 50-11-4450 (1985 Act No. 148, § 1)]; 1988 Act No. 561, § 1; 1993 Act No. 181, § 1262; 2005 Act No. 82, § 8; 2010 Act No. 218, § 1, eff June 7, 2010; 2022 Act No. 198 (H.4986), § 2, eff July 15, 2022.
Credits
HISTORY: Former Section, titled Transportation of skins, furs, pelts, or hides of furbearing animals out of state; authority to open and inspect package containing furs, pelts or hides, had the following history: [Derived from former § 50-11-4460 (1985 Act No. 148, § 1)]; 1988 Act No. 561, § 1; 1988 Act No. 567, § 11; 1993 Act No. 181, § 1262. Repealed by 2015 Act No. 20, § 2, eff May 7, 2015.
Except as otherwise provided in this chapter, any person violating the provisions of this chapter, is guilty of a misdemeanor and, upon conviction, must be fined not less than three hundred dollars nor more than one thousand dollars, or imprisoned for not more than sixty days for each violation. In addition, upon conviction, the department shall suspend the fur buyer's license for one year from the date of the conviction.
CREDIT(S)
HISTORY: [Derived from former § 50-11-4470 (1985 Act No. 148, § 1)]; 1988 Act No. 561, § 1; 1988 Act No. 567, § 12; 1993 Act No. 181, § 1262; 2005 Act No. 82, § 9.
Any person violating the provisions of this article unless otherwise specified in Section 50-11-2560 is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than two hundred dollars, or imprisoned for not more than thirty days for each violation.
CREDIT(S)
HISTORY: 1988 Act No. 567, § 13; 1993 Act No. 181, § 1262.
§ 50-11-2570. Issuance of special permit to capture destructive animal.
(A) The department may issue special permits, at no cost to the applicant, for the taking, capturing, or transportation of wildlife which is destroying or damaging private or public property, wildlife habitat, game species, timber, crops, or other agriculture so as to be a nuisance or for scientific, research, or wildlife management purposes.
(B) The permit provided in subsection (A) is not required by the property owner or his designee when capturing furbearing animals or squirrels within one hundred yards of the owner's home when the animal is causing damage to the home or the owner's property. An animal captured pursuant to this subsection must be destroyed or with a department permit may be relocated.
(C) A person taking a furbearing animal under authority of a depredation permit may not dispose of the animal commercially. A person taking a furbearing animal in accordance with a depredation permit must report the number and type of animal taken to the department on forms prescribed by the department within twenty-one days of the expiration of the permit. A permit issued for the removal of destructive beavers is valid for a period of not less than one year from the date of issue.
CREDIT(S)
HISTORY: [Derived from former § 50-11-4480 (1985 Act No. 148, § 1)]; 1988 Act No. 561, § 1; 1993 Act No. 181, § 1262; 1994 Act No. 340, § 1; 2003 Act No. 33, § 1; 2012 Act No. 257, § 12, eff June 18, 2012.
§ 50-11-2575. Repealed by 2012 Act No. 257, § 14, eff June 18,2012.
EDITOR'S NOTE
Former § 50-11-2575 was entitled “Special permits for use of beaver snares” and was derived from 1989 Act No. 47, § 1; 1993 Act No. 181, § 1262.