(a) Notwithstanding § 70-4-101, or rules, regulations or proclamations of the agency or commission to the contrary, fish and wildlife may be sold by charitable organizations in any county having a population of not less than twenty-seven thousand eight hundred (27,800) nor more than twenty-eight thousand (28,000), according to the 1990 federal census or any subsequent federal census for fundraising purposes in accordance with subsection (b).
(b) Notwithstanding any provision of this title or rule, regulation or proclamation of the agency or commission to the contrary, fish and wildlife that are lawfully taken or acquired and donated to an organization that has received a determination of exemption from the internal revenue service pursuant to 26 U.S.C. § 501 (c)(3) may be sold by such organization to raise funds if the following conditions are met:
(1) The organization distributes at least ninety percent (90%) of the funds raised to other organizations that have received a determination of exemption from the internal revenue service pursuant to 26 U.S.C. § 501;
(2) The organization maintains records for three (3) years of the source of such donations, and such records are made available for inspection upon request of the wildlife resources agency; and
(3) The organization notifies the wildlife resources agency thirty (30) days in advance of any such sale.
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