Estate sale professionals often find themselves handling a wide variety of unique and valuable items, including animal-related products. While these pieces can generate significant interest and revenue, it’s critical to understand that federal laws and regulations may apply, particularly when dealing with ivory, fossils, and taxidermy. Missteps can lead to steep fines, legal trouble, or reputational damage.

This guide outlines key federal considerations to keep in mind when encountering these categories of goods during estate evaluations or sales.

Ivory: Highly Regulated and Often Prohibited

Ivory (especially from elephants and rhinoceroses) is one of the most tightly controlled animal-related materials in the U.S. due to international conservation efforts and federal enforcement of the Endangered Species Act (ESA) and the African Elephant Conservation Act.

Key Federal Rules:
  • Sale Restrictions: Under the 2016 U.S. Fish and Wildlife Service (USFWS) rule, interstate sale of African elephant ivory is largely prohibited. Selling across state lines is only allowed in very limited circumstances, typically involving documented antiques (100 years or older). This does not include walrus, mammoth or Asian elephant ivory.
  • Intrastate Sales: Some states allow intrastate sales of ivory under certain conditions, but many (such as New York, California, and New Jersey) have stricter laws that completely ban such sales.
  • Documentation Requirements: If a piece qualifies as an antique (must be 100+ years old and meet additional criteria), documentation such as appraisals, dated photographs, or provenance is essential.
  • No Modern Imports: Importing or exporting ivory (regardless of age) is highly restricted and generally requires a federal permit.
Best Practice:

Avoid selling ivory unless you have clear, verifiable proof of age and origin - and consult a qualified legal expert or USFWS agent before proceeding.

Fossils can be lucrative at estate sales, especially those from large vertebrates like dinosaurs or mammoths. Fortunately, most fossil sales are not federally restricted, but there are critical exceptions related to ownership and source.

Key Federal Rules:
  • Public vs. Private Land: Fossils taken from federal or state lands (e.g., BLM, National Parks) are generally considered government property and cannot be sold.
  • Legally Acquired Specimens: Fossils collected from private land with proper permission are typically legal to sell.
  • Exporting Fossils: Exporting fossils may involve permits depending on the species and destination country, especially if classified as paleontological resources under the Paleontological Resources Preservation Act (PRPA).
  • Protected Species: Some fossils may be from extinct species that are now protected under the Endangered Species Act (ESA) or Convention on International Trade in Endangered Species (CITES), requiring additional scrutiny. You can find an accessible index on taxonomoy, legislation, distribution and trade at Species+.
Best Practice:

Ensure the fossil's origin is traceable to private land and not tied to federal property. Ask for any excavation or purchase documentation and avoid any fossil that seems suspiciously acquired.

Taxidermy: Varies Widely by Species

Taxidermy mounts and preserved animal parts are common in estate sales but require careful handling depending on the species involved. While many items are legal, others fall under federal protection laws.

Key Federal Rules:
  • Endangered Species Act (ESA): Items from ESA-listed species (e.g., tiger, polar bear, certain birds of prey) are not legal to sell without specific permits. Information on permits for endangered species can be found with the U.S. Fish & Wildlife Service.
  • Migratory Bird Treaty Act (MBTA): Protects over 1,000 bird species. It is illegal to sell or even possess parts (like feathers, nests, or eggs) of these birds without a permit The Federal Register offers a List of Bird Species To Which the Migratory Bird Treaty Act Does Not Apply.
  • Marine Mammal Protection Act (MMPA): Prohibits the sale of marine mammal parts (e.g., whale bones, dolphin skulls) unless they predate the act (1972) and come with documentation. You can learn more about Protected Species Parts, offered by the National Oceanic and Atmospheric Administration.
  • State Laws: Some states further regulate the sale of native species or impose total bans on specific types of taxidermy (e.g., bears, big cats). Contact your state’s Wildlife Conservation department for applicable laws.
Best Practice:

Before listing any taxidermy piece, identify the species and check federal and state databases. If in doubt, do not list the item for sale until you have legal clarification.

Due Diligence is Critical

Estate sale companies play a crucial role in valuing and dispersing the belongings of a lifetime. But when it comes to animal-related products, the risks of missteps are high. Here's how to protect yourself and your clients:

  • Get Identification Help: Use professional appraisers or wildlife experts to help identify the material and species.
  • Maintain Paper Trails: Encourage clients to provide as much documentation as possible - —receipts, import records, photos, etc.
  • When in Doubt, Don’t Sell: If you can’t confirm the legality of an item, it’s better to exclude it from the sale than risk violating federal law.

For more guidance, consult the U.S. Fish and Wildlife Service (USFWS) or a legal expert specializing in wildlife trade laws.

Cited Sources

U.S. Fish and Wildlife Service. Administration Takes Bold Step for African Elephant Conservation; Completes Near-Total Ban on Commercial Trade of Ivory. 6 June 2016, https://www.fws.gov/press-release/2016-06/administration-takes-bold-step-african-elephant-conservation-completes-near. Accessed 11 June 2025.

U.S. Fish and Wildlife Service. Migratory Bird Treaty Act of 1918. https://www.fws.gov/law/migratory-bird-treaty-act-1918. Accessed 11 June 2025.