Antiques.

The trade in Antique taxidermy specimens is a big market. Auction houses and private collectors are trading daily. When it comes to legal matters, most people think that as its an antique they needn't bother with the regulations. This could be a big mistake.

When dealing with specimens listed on Annex "A" of EC Regs 338/97 (and that includes CITES species such as Big Cats; Elephant, Rhino, etc as well as the majority of Birds of Prey and Owls) - as far as trade within the E.U. is concerned an "antique" (that which is exempt from licensing restrictions) must be a worked item which originated from before 1/6/1947. Also it cannot have been reworked since that date. - in other words it must be original and unaltered since that date. By worked item it is meant that the specimen has significantly altered from its original state. A piece of taxidermy has obviously altered from its original state - it has been worked (modeled). A raw Rhino horn or Elephant tusk however has not been worked and cannot be traded in.

An example of a re-worked specimen would be antique Cabinet specimen (those scientific specimens that are stored in Museum draws and have a stick protruding from the tail). That then is the original mount and if pre 1947 would be exempt from Article 10 licenses. If this specimen was relaxed and mounted in a lifelike pose after 1947, this would constitute a re-worked item and require a licence.

An item can be renovated without effecting its antique status - this comes under maintenance. Skins with mounted heads commonly have broken teeth, tears in the skin or need to be re backed. Providing the repair is done without the use of another CITES species (don't use modern tiger skin to patch an old one) it is OK. It will remain unaltered. Another more common situation is where an antique cased specimen is removed from its case - due to the condition of the case (woodworm; total collapse etc). This is also fine and the specimen can even be re cased - it is not changing the actual specimen - it still remains unaltered.

Common sense however does not always prevail - A recent situation arose whereby an antique Tiger skin rug with mounted head, had due to years of wear and tear, lost its rug part. The owner had cut off the offending skin leaving just the head. According to DEFRA's interpretation of the law, this constituted a change to its original status - it had been re-worked. When mentioning this to one CPS officer, he admitted that if such a case landed on his desk, it would go straight into the bin - another may view it differently.

The other problem people forget about is that you need evidence that the item is prior to 1947. If you cannot prove or satisfy questions asked as to its provenance - a licence may be required. It is here that you may need the assistance of A Guild of Taxidermists Approved Taxidermy Inspector. (Contact details are available on this web site).

When dealing with species listed WCA Schedule 5, such as Pine Marten & Red Squirrel.only - a new General Licence WML Gen-L028 has been issued with effect 01/01/2008 allowing the sale without further licence. Certain other species however, such as some UK Reptiles; butterflies etc will still require an individual licence -it does not matter when they were mounted - therefore a case ofbutterflies inc; Large Blue; High Brown Fritillary; Swallowtail etc mounted in 1893 will still require a Schedule 5 Licence to sell. (See also HABITATS regulation under VARIOUS REGULATIONS for details on UK Bats; Dormouse;Otter & Scottish Wild Cat)

Collectors of antique specimens often prefer named cases and high prices can be paid for specimens mounted by the likes of Rowland Ward & Co., Peter Spicer & Son, Van Ingen, Gunn, Cooper etc etc - but it has got to be remembered that some of these firms continued in business after 1947. Just because it is a Van Ingen, does not automatically exempt it from licensing.

International trade in antique specimens (trade outside of the E.U.) will require Export and Import licence's if listed as a CITES species. Even if the specimen was mounted in 1850 - it would still require Import/Export licence. So when trading internationally you can forget 1947 as a cut off date.

We at Taxidermylaw hold a list of hundreds of taxidermy companies going way back into the "Victorian" era - by checking when a particular firm ceased business, we can advise what is safe to trade and what may require licenses. With those companies such as Van Ingen and Wards, we can often date the specimen to within a few years or even months. If you join our membership a comprehensive list of taxidermists is given on the members pages.

 

This company or individual cannot accept any responsibility for information given that is either misinterpreted by the author or the recipient and which is based either on experience gained or a matter of law where the precedence is yet to be decided by a court of law. Any information or guidence given is purely an opinion, therefore it is recommended that accredited legal advise is sought where appropriate.