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Animals
and Wildlife Products
NWMarketplace
generally does not allow the listing of live animals or pets on
NWMarketplace. In restricted cases, some stuffed birds and the pelts
and skins of some animals are permitted. Sellers who wish to list
these items should review the specific rules in the “Some
Examples” section below to ensure their listings comply with
NWMarketplace policy. We also encourage members to educate themselves
on the laws governing the regulation of the sale of animals found in
the additional information section.
Violations of this
policy may result in a range of actions, including:
Live
Animals: Other
than the exceptions noted here, NWMarketplace does not allow sales of
live animals or pets on NWMarketplace. NWMarketplace allows sales of
tropical fish and domestic (i.e. not exotic) aquatic snails, provided
the seller has the proper Federal (APHIS PPQ) - see Form 526 info
below) and/or State permit(s) that allows for movement across State
lines (and/or for importation into the U. S.), and provided that the
seller guarantees in the listing that the animals will be packaged
safely, and shipped via next day delivery.
Animal and Plant
Health Inspection Service allows five species of snails to be
imported and sold as escargot: Cantareus apercus (Helix aperta),
Cryptomphalus aspersus (Helix aspersa), Eobania vermiculata (Otala
vermiculata), Helix pomatia, and Otala lactea; and requires their
importation to take place through John F. Kennedy International
Airport in New York where identifiers will confirm the identity of
live snails.
NWMarketplace also
permits the sale of hatching eggs provided the seller only offers
domestic shipping within the U.S.
Stuffed
Birds: With
a few specific exceptions (see below), mounted ("stuffed")
specimens of any wild birds, parts of any wild bird, or the nests or
eggs of any wild bird are not permitted on NWMarketplace.
Exceptions:
Mounted specimens
of captive-bred, properly marked Mallard ducks may be sold if the
seller clearly states in the item description that the specimen was
captive bred. No other captive-bred native waterfowl species may be
sold without permits obtained from the U.S. Fish & Wildlife
Service. Sale or barter of legally hunted wild waterfowl and
migratory game birds, including (but not limited to) ducks, geese,
snipe, woodcock, cranes, and doves, is prohibited by federal law.
Mounted specimens
or parts of legally hunted upland game birds, which include quail,
turkey, pheasant, and grouse, may generally be listed on
NWMarketplace if not listed or sold in violation of the state
wildlife laws of the states of the buyer or seller.
Mounted specimens,
feathers, and eggs of captive-bred, non-endangered non-native birds
such as ostriches, emus, exotic pheasants, Mandarin ducks, guinea
fowl, peafowl, and most parrots may be listed on NWMarketplace if
not listed or sold in violation of state or local laws applicable
to the buyer or seller.
Animal pelts and
skins: Animal
parts, including pelts and skins from endangered
species
(such as leopards, tigers, cheetahs, jaguars, sable antelopes,
mountain zebras, and Hartmann mountain zebras) may not be sold in
interstate commerce and therefore are not permitted on
NWMarketplace. Animal pelts and skins from non-endangered species
(for example, non-protected species of zebras, coyotes) may
generally be listed on NWMarketplace, if not in violation of the
seller's specific state laws. However, because prohibited by federal
law, no sales of any item that contains cat or dog fur will be
allowed. Please contact USFWS to file declarations on all
non-domesticated animal products. Please note that if the species is
not stated in the listing, NWMarketplace will use its discretion
when determining if the item is from an endangered species.
Bear Products:
Bears
and bear products (for example, bear teeth, claws, and rugs) are not
permitted on NWMarketplace.
Marine Mammal
Products: Marine
mammal products, including but not limited to, sea otter, whales
(baleen and ivory), porpoise, dolphins, and seals, generally may not
be listed for sale unless the animal part has been first transformed
into an authentic Alaskan Native article of handicraft or clothing.
The export/import of marine mammals typically requires CITES as well
as other state and/or federal permits. Users should contact the U.S.
Fish and Wildlife Service
and/or National
Marine Fisheries Service
before importing or exporting marine mammal products.
Ivory:
This area is complex, and sellers should consult with the U.S.
Fish and Wildlife Serviceand
their state wildlife regulatory agency to ensure that the particular
item involved may lawfully be sold. Generally, ivory from African
elephants may be sold within the United States as long as it was
lawfully imported into the United States. Wooly mammoth ivory may be
sold inside or outside the United States. Hippo ivory may be sold
within the United States, but may not lawfully be imported into the
United States, but may only be imported/exported in compliance with
CITES.
Products made
from "tortoise shell" or other turtle
products: NWMarketplace
will not permit the sale of any item made, in whole or part, from
any part of a species of turtle or tortoise identified as threatened
or endangered by the U.S.
Fish & Wildlife Service.
This includes items that appear from the listing to be made from
genuine turtle or tortoise shell, such as guitar picks, jewelry,
jewelry boxes, hair combs, and other products.
Sellers that list
items claimed to be made of genuine turtle or tortoise shell must
identify the species from which the item was made. NWMarketplace
realizes that users commonly use the phrase "tortoise shell"
to describe items that have a particular design resembling a tortoise
shell, and that many "tortoise shell" products are actually
made out of plastic, glass, or a composite material. These items are
permitted on NWMarketplace. However, to avoid confusion, listings of
such "faux" tortoise shell items should clearly state that
the item is not made of "genuine" tortoise shell.
At one time, it was
lawful to make jewelry, glasses, boxes, and other items using genuine
turtle/tortoise shell. However, many turtle and tortoise species are
now designated as either threatened or endangered, and therefore
protected by federal and international law, including the 1973
Endangered Species Act.
Animal Traps:
Due to varying legal regulations, ALL types of animal traps are not
permitted for sale on NWMarketplace.
US Fish & Wildlife Service: Please be aware that there
are several federal and international laws regulating the import and
export of all wildlife, including those species listed above,
particularly for commercial purposes. In accordance with federal
laws, any person importing wildlife or wildlife products into the
United States or exporting wildlife or wildlife products from the
United States, is required to have applied for and procured a
federal import/export license from the United States Fish and
Wildlife Service. All wildlife and wildlife products must be
declared to that agency for inspection prior to import or export and
may only be imported or exported through designated ports. Failure
to do so may result in criminal prosecution. Users with questions
about, migratory
birds,
endangered
animals,
endangered
marine life,
live
insects
or mollusks
or other questionable items in this area should contact the U.S.
Fish & Wildlife Service Law Enforcement Office,
Animal
and Plant Health Inspection Service
or state wildlife regulatory agency.
Snails & Slugs:
For questions concerning any movement of live snails, consult
USDA's Web page Agricultural
Permits for Snails and Slugs.
NWMarketplace also allows sales of lobsters, crabs and other similar
items that are live when sold but intended for human consumption, as
well as crickets and worms used as bait or feeder food for pets. All
live herbivorous insects other than crickets require a Plant
Protection and Quarantine (PPQ) Form 526 permit for importation or
movement across state lines. Consult the APHIS
Permit Services
Web site for instructions on obtaining and filing PPQ Form
526.
Migratory Birds: The Migratory Bird Treaty Act
prohibits the sale or barter, in whole or in part, of virtually all
bird species native to the United States, including (but not limited
to) hawks, eagles, owls, shorebirds, seabirds, wading birds,
songbirds, hummingbirds, and legally hunted migratory game birds
such as ducks, geese, and cranes. Native American items containing
feathers or other parts of protected species are not exempt from the
provisions of the Act and may not be listed on NWMarketplace. For
complete lists of species, see the U.S. Fish & Wildlife
Service's list of birds protected by the Migratory
Bird Treaty Act.
CITES:
Animals that are not threatened or endangered may still be
regulated by the USFWS under the Convention
on International Trade in Endangered Species of Wild Fauna and Flora
(CITES).
Animals protected under CITES require permits to cross international
borders. This includes many butterflies and some beetles included in
dried insect display mount (see
CITES list of species),
and may require USFWS Form
3-200-3.
USFWS
Import/Export Licenses: All importers and exporters of wildlife
must file with the USFWS a completed Declaration for Importation or
Exportation of Fish or Wildlife (Form
3-177).
Contact your nearest USFWS
port
for declaration procedures. All exporters of wildlife within the
United States must also obtain a USFWS
Import/Export License.
All U.S. importers of wildlife who are importing wildlife for sale,
offer for sale, or to solicit sale, must obtain a USFWS
Import/Export License.
California: California law
places restrictions on the commercial sale of items made from parts
of some non-protected species, including elephants, zebras,
alligators and crocodiles. Sellers who list items in California
should review the California
Penal Code Section 639-653.1and
ensure that their sales comply with that law.
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