Model Laws
Banning the Purchase and Sale of Ivory and Rhino Horns
Sec. 1. Rational
Elephants and rhinoceroses are on the path to extinction. Although both of these animals are currently listed as endangered under the federal Endangered Species Act, they are still regularly poached for their tusks and horns, which are highly profitable on the black market. The best way to discourage this illegal trafficking is to eliminate the market in which ivory and rhino horns are sold. Moreover, because it is difficult, if not impossible, to distinguish between tusks and horns that were taken 50 years ago and ones that were taken last week, allowing the sale of "old ivory" is detrimental to conservation efforts and should be highly restricted if not completely eliminated.
Sec. 2. Definitions
(a) Ivory: The tooth or tusk composed of ivory from any animal, including, but not limited to, an elephant, hippopotamus, mammoth, narwhal, walrus, or whale, or any piece thereof, whether raw ivory or worked ivory, or made into, or part of, an ivory product.
(b) Ivory Product: Any item that contains, or that is wholly or partially made from, any ivory.
(c) Raw Ivory: Any ivory the surface of which, polished or unpolished, is unaltered or minimally changed by carving.
(d) Rhinoceros Horn: The horn, or any piece thereof, of any species of rhinoceros.
(e) Rhinoceros Horn Product: Any item that contains, or is wholly or partially made from, any rhinoceros horn.
(f) Worked Ivory: Ivory that has been embellished, carved, marked, or otherwise altered so that it can no longer be considered raw ivory.
Sec. 3. Prohibitions, Penalties and Exceptions:
(a) It shall be unlawful for any person to import, sell, offer for sale, purchase, barter or possess with intent to sell, any ivory, ivory product, rhinoceros horn, or rhinoceros horn product, except as provided pursuant to this section.
(b) It shall be presumptive evidence of possession with intent to sell when any ivory, ivory product, rhinoceros horn or rhinoceros horn product is possessed in a retail or wholesale outlet commonly used for the buying or selling of similar products, provided, however, that nothing in this subsection shall preclude a finding of intent to sell based on any other evidence which may serve to independently establish such intent. The act of obtaining an appraisal of ivory, an ivory product, rhinoceros horn or a rhinoceros horn product alone shall not constitute possession with intent to sell.
(c) A person may convey ivory, an ivory product, rhinoceros horn or a rhinoceros horn product to the legal beneficiary of the ivory, ivory product, rhinoceros horn or rhinoceros horn product which is part of an estate or other items being conveyed to lawful beneficiaries upon the death of the owner of the ivory, ivory product, rhinoceros horn or rhinoceros horn product or in anticipation of that person's death.
(d) None of the prohibitions set forth in this section shall apply to employees or agents of the federal or State government undertaking any law enforcement activities pursuant to federal or State law or any mandatory duties required by federal or State law.
(e) The prohibition on import set forth in subsection (a) of this section shall not apply where the import is expressly authorized by federal license or permit.
(f) The import, sale, offer for sale, purchase, barter or possession with intent to sell of ivory or rhinoceros horn for educational or scientific purposes by a bona fide educational or scientific institution is permitted under this section, unless this activity is prohibited under federal law.
Sec. 4. Penalties, Degree of Crime and Disposition of Seized Ivory
(a) A person violating any provision of section 3 of this act shall be guilty of:
- for a first offense, a person convicted under section 3 shall be fined not less than $1,000 or an amount equal to two times the total value of the ivory, ivory products, rhinoceros horn and rhinoceros horn products involved in the offense, whichever is greater; and
- for a second or subsequent offense, a person shall be fined not less than $5,000 or an amount equal to two times the total value of the ivory, ivory products, rhinoceros horn and rhinoceros horn products involved in the offense, whichever is greater.
(b) Upon a conviction for violating the provisions of section 3 of this act, the court shall order the seizure of all ivory, ivory products, rhinoceros horn and rhinoceros horn products involved in the violation and determine the penalty for the violation based on the assessed value of the seized products. After sentencing, the court may destroy the ivory, ivory products, rhinoceros horn and rhinoceros horn products or donate them to an educational or scientific institution or organization, including, but not necessarily limited to, a museum, university, or research group.
Elephants and rhinoceroses are two of the most majestic creatures on earth, yet sadly, they are currently on the path to extinction. Each year, elephant and rhino populations worldwide decrease as thousands of these animals are brutally killed by poachers for their tusks and horns. Last year alone, more than 35,000 African elephants and 1,300 rhinos were killed by poachers. It is estimated that even though elephants are endangered animals, approximately 96 animals are killed each day.
In the early 20th century, there were more than 10 million elephants in Africa, but just last year scientists estimated that there were fewer than 400,000 remaining on the continent. Rhino populations, including all five species of rhinos, are under 30,000 and scientists warn that the current rate of poaching could lead to their extinction in less than 10 years.
In 2016, U.S Fish and Wildlife Service announced a near-total ban on the commercial trade of African elephant ivory. The current guidelines allow antiques to be sold in the United States if there is documentation showing that the item is more than 100 years old.
However, ivory sales are still legal within most state borders and the federal regulations protecting rhinos are not strong enough to combat the current issue. Currently, only 5 states—California, Hawaii, New Jersey, New York and Washington—have banned the purchase, sale, trade and possession with the intention to sell of ivory and rhino horns.
Sources:
Convention on International Trade in Endangered Species of Fauna and Flora https://www.cites.org/eng/niaps
International Fund for Animal Welfare http://www.ifaw.org/united-states/our-work/fighting-wildlife-trade
New Jersey Permanent Statutes - N.J. STAT. ANN. § 23:2A-13.1 to 13.5 (2014) http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=285962568&Depth=4&TD=WRAP&advquery=worked%20ivory&headingswithhits=on&infobase=statutes.nfo&rank=&record={A135}&softpage=Doc_Frame_Pg42&wordsaroundhits=2&x=0&y=0&zz=
U.S Fish and Wildlife Service https://www.fws.gov/international/travel-and-trade/ivory-ban-questions-and-answers.html
