CSV.2.8.200 Possession and Sale of Live Small Game Animals

(a) As used in this section, the following terms shall be construed to apply as follows:

(1) "Control temporarily" means to possess a small game animal for a limited period of time for one of the following purposes:

(A) Removal or transportation of a small game animal from one location to a more appropriate location;

(B) Restraint or transportation of a small game animal for treatment or medical care;

(C) Restraint or transportation of a small game animal for game censuses, surveys or other purposes authorized by the Tribe; or

(D) Restraint, transportation or possession of a small game animal for the purpose of selling or otherwise transferring the animal to a person who is legally authorized to possess the live animal.

(2) "Possess" means to own, restrain, keep in captivity or transport a small game animal.

(b) Except as otherwise authorized by law or as provided in Section CSV.2.8.200(c) and (4), no member shall possess, or sell or otherwise transfer to any person, any live small game animal and any member who takes any small game animal shall kill the animal when it is taken or shall immediately release the animal.

(c) A member may control temporarily a live small game animal provided that a member who controls temporarily a live small game animal for the purposes of selling or otherwise transferring the live animal complies with the provisions of Section CSV.2.8.200(d) and (5).

(d) A member may sell or otherwise transfer a live small game animal which was lawfully taken during the open season for that animal provided:

(1) the member sells or transfers the animal within three (3) days of when the animal was taken or retrieved and, if the animal is not sold or transferred within this period, the member must kill the animal;

(2) the person to whom the live small game animal is sold or transferred is legally authorized to possess the live animal and such person presents evidence of that authorization to the member;

(3) in addition to the requirements of Section CSV.2.3.260 [Records of Commercial Transactions Required], the member maintains a record of each sale or transfer, the name and address of the purchaser or transferee, the type of authorization or license held by the purchaser or transferee and its number, if any, the date of the sale or transfer, and a description of the animal involved;

(4) if the animal taken for the purpose of selling or transferring pursuant to this section is an otter, bobcat or fisher, the member must attach the carcass tag to the container in which the animal is transported to the registration station;

(5) any otter, bobcat or fisher which is taken for the purpose of selling or transferring pursuant to this section shall be registered in accordance with the provisions of Section CSV.2.8.080 [Otter, Bobcat and Fisher Registration] provided the member retains the registration tag and such other registration documents provided by the registering official until such time as the animal is sold, transferred or otherwise disposed of;

(6) the member transfers to the purchaser or transferee the registration tag and other required registration documents for any otter, bobcat or fisher sold or transferred pursuant to this section; and

(7) the member treats it in a humane manner and confines the animal under sanitary conditions with proper and adequate housing, care, food and fresh water.

(e) Any otter, bobcat or fisher sold or otherwise transferred pursuant to this section shall be counted against the quota for the particular species, and, any fisher shall count against the quota of the fisher management zone in which the fisher was taken.