Sec. 26-78. Sale of birds, quadrupeds, reptiles or amphibians.
Sec. 26-78. Sale of birds, quadrupeds, reptiles or amphibians. No person shall
buy, sell or exchange, or have in possession with intent to sell or exchange, any wild
or game bird, wild quadruped, reptile or amphibian, alive or dead, or parts thereof,
including plumage of any such bird, except as provided in this chapter, provided any
game bird, wild quadruped, reptile or amphibian, alive or dead, or parts thereof, not
including plumage of any such bird, legally taken and legally transported into this state
from any other state or country which does not prohibit the sale or exportation of such
bird, wild quadruped, reptile or amphibian, may be bought or sold in this state at any
time of the year under such regulations as may be made by the commissioner. The
commissioner may make regulations governing the importation, transportation, purchase, sale or exchange of wild or game bird plumage. Any wild or game bird, wild
quadruped, reptile or amphibian, alive or dead, or parts thereof, including plumage of
such birds, possessed contrary to any of the provisions of this section or any regulation
made by the commissioner, shall be seized by any representative of the department; and
the commissioner or his authorized agent shall make disposition of the same by sale or
destruction or by gift to any educational institution, museum, zoological park or any
other suitable place where in the opinion of the commissioner an educational purpose
will be served. The provisions of this section shall not prohibit the possession, sale or
exchange of heads, hides or pelts of legally acquired deer and fur-bearing animals or
the possession and mounting of legally acquired game birds, wild quadrupeds, reptiles
and amphibians. Each wild or game bird, wild quadruped, reptile or amphibian, or part
thereof, or each lot or package of wild or game bird plumage, possessed contrary to any
provision of this section or any regulation issued by the commissioner, shall constitute a
separate offense. Said commissioner may make regulations authorizing the importation,
exportation, possession, sale and exchange of legally acquired, protected and unprotected species of live wild birds, live wild quadrupeds, reptiles and amphibians under
such conditions as said commissioner shall determine. Said commissioner may order
any such bird, quadruped, reptile or amphibian impounded for such period, at such place
and in such manner as is determined by the commissioner, to allow examination to
determine if such bird, quadruped, reptile or amphibian is diseased or infected with
parasites, and the commissioner is authorized to order the destruction of such bird,
quadruped, reptile or amphibian when in his opinion such action would be advisable in
the public interest. Any person who violates any provision of this section or any regulation or order issued by the commissioner hereunder shall be fined not more than two
hundred dollars or be imprisoned not more than sixty days or both. The provisions of
this section shall not apply to snapping turtles.
(1949 Rev., S. 4891; 1955, S. 2491d; 1971, P.A. 32; 872, S. 271; P.A. 85-53, S. 11.)
History: 1971 acts stated that provisions of section do not apply to snapping turtles and substituted references to
commissioner and department of environmental protection for references to board of fisheries and game and its director;
P.A. 85-53 applied provisions of section to reptiles and amphibians.