AN ACT PROHIBITING THE SALE AND TRADE OF IVORY AND RHINOCEROS HORN IN CONNECTICUT.

AN ACT PROHIBITING THE SALE AND TRADE OF IVORY AND RHINOCEROS HORN IN CONNECTICUT.

This bill generally bans the purchase, sale, offering for sale, or possession with the intent to sell of ivory, rhinoceros horn, or products made from them. The ban includes the trading, bartering, or giving away of these items as part of a commercial transaction.

The bill exempts from the ban (1) state or federal law enforcement activity, (2) activity allowed by federal law, (3) certain antiques or musical instruments containing ivory, (4) noncommercial transfers to legal beneficiaries, and (5) activity by a bona fide educational or scientific institution or museum.

The bill makes a violation a class B misdemeanor. It requires seized ivory or horn to be forfeited and the Department of Energy and Environmental Protection (DEEP) to (1) use it for educational or training purposes, (2) donate it to a bona fide educational or scientific institution, or (3) destroy it.

Under the bill, possession of ivory, rhinoceros horn, or an associated product in a retail or wholesale outlet commonly used to buy or sell similar items is presumed to be evidence of possession with intent to sell. A finding of intent to sell may also be based on other evidence that independently establishes such intent.

The DEEP commissioner, in consultation with the attorney general, may adopt implementing regulations. Existing law requires the commissioner to adopt regulations on the trade of raw elephant ivory or products made from this ivory if he finds that it contributes to elephant endangerment or extinction (CGS § 26-315).

1. all or a piece of a tooth or tusk of any species of elephant, hippopotamus, narwhal, walrus, or whale;

2. all or a piece of a horn of any species of rhinoceros, including any horn derivative, such as powder; and

3. any product that contains, or is advertised as containing, ivory or rhinoceros horn.

The bill exempts from the ban any of the following activities involving ivory, rhinoceros horn, or an associated product:

1. activities expressly allowed by federal law;

2. state and federal agents and employees enforcing state or federal laws or a mandatory duty required by federal law;

3. noncommercial ownership transfers to a legal beneficiary of an estate, trust, or other inheritance; and

4. actions by bona fide educational or scientific institutions or museums.

Under the bill, a bona fide educational or scientific institution or museum is one that can prove through documentation that it (1) has an educational or scientific tax exemption from the IRS or the institution's national or state tax authority or (2) is accredited by a qualified national or state authority for the institution's location.

The ban also does not apply to ivory that is part of (1) a musical instrument made before February 26, 1976 or (2) certain antiques. For antiques, the exemption only applies if a manufactured item is not made wholly or primarily of ivory, and the ivory:

1. if elephant ivory, was removed from the wild before February 26, 1976;

2. is a fixed component of a larger manufactured item and not, in its current form, the primary source of the item's total value (the greater of the fair market value or the actual price paid for ivory or rhinoceros horn);

3. comprises less than 20% of the item;

4. is not raw, unaltered, or minimally changed by carving.

The owner or seller of the antique item must also provide historical documentation or an expert's sworn affidavit that verifies the item is at least 100 years old.

The bill makes violating the ban, or any rule, regulation, or order adopted under it a class B misdemeanor. A first-time violator faces a maximum prison term of six months and a fine of at least $3,000 or twice the total value of the ivory, horn, or product, whichever is greater.

Second or subsequent violations are punishable by up to one year in prison and a fine of at least $6,000 or three times the total value of the ivory, horn, or product, whichever is greater.

The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is an international treaty in which governments agree to restrict international trade in certain plants and animals, including elephants and rhinoceri, and products derived from them. It regulates the international movement of both African and Asian elephants, including their ivory and ivory products.

CITES provides a framework for countries to follow when adopting legislation to implement it. Trade in protected species must be licensed, with different levels of protection based on a species' endangered status. Currently, 183 countries, including the United States, are parties to the treaty.

The United States regulates trade in elephant ivory and rhinoceros horn through CITES and laws such as the Endangered Species Act (15 U.S.C. § 1531 et seq.). Trade of these species requires permits, at minimum. The regulations include special rules for African elephants (50 CFR § 17.40 (e)).

Yea

Nay

(03/10/2017)