SENATE DOCKET, NO. 648        FILED ON: 1/15/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 440

The Commonwealth of Massachusetts

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PRESENTED BY:

Jason M. Lewis

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to ivory and rhino horn trafficking.

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PETITION OF:

SENATE DOCKET, NO. 648        FILED ON: 1/15/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 440

The Commonwealth of Massachusetts

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In the One Hundred and Eighty-Ninth General Court
(2015-2016)

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An Act relative to ivory and rhino horn trafficking.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1: The Massachusetts General Laws, as appearing in the 2014 Official Edition, are hereby amended by inserting after chapter 131A the following new chapter:-

CHAPTER 131B  IVORY AND RHINO HORN TRAFFICKING

Section 1.

(a) "Ivory" means a tooth or tusk composed of ivory from an animal, including but not limited to, an elephant, hippopotamus, mammoth, narwhal, walrus, or whale or a piece thereof, whether raw ivory or worked ivory, or made into or part of an ivory product.

(b) "Ivory product" means an item that contains, or that is wholly or partially made from ivory.

(c) "Raw ivory" means polished or unpolished ivory that is unaltered or minimally changed by carving.

(d) "Rhinoceros horn" means the horn, or a piece thereof, of a species of rhinoceros.

(e) "Rhinoceros horn product" means an item that contains or that is wholly or partially made from any rhinoceros horn.

(f) "Total value of the ivory, ivory products, rhinoceros horn, and rhinoceros horn products" means the fair market value of the ivory, ivory products, rhinoceros horn, and rhinoceros horn products, or the actual price paid for the ivory, ivory products, rhinoceros horn, and rhinoceros products, whichever is greater.

(g) "Worked ivory" means embellished, carved, marked, or otherwise altered ivory that can no longer be considered raw ivory.

Section 2.

(a) In addition to the prohibitions and penalties established under M.G.L. ch.131A, §1- 7, and any other applicable law, no person shall 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 in this section.

(b) It shall be prima facia evidence of possession with intent to sell when ivory, an ivory product, rhinoceros horn or rhinoceros horn product is possessed in a retail or wholesale outlet commonly used for 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 independently establish such intent.

(c) A person may convey ivory, an 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 an owner, to a legal beneficiary.

(d) The prohibitions set forth in this section shall not apply to employees or agents of the federal or state government undertaking 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 or a lawful permit issued under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

(f) The division of fisheries and wildlife may permit, under terms and conditions as the department may prescribe, the import, sale, offer for sale, purchase, barter, or possession with intent to sell, ivory, ivory product, rhinoceros horn or rhinoceros horn product for bona fide educational purposes or for conducting noncommercial scientific purposes under a permit issued pursuant to subsection (e) of this section, or to a museum, unless this activity is prohibited by federal law.

Section 3.

(a) Whoever violates this section or any rule or regulation adopted under this Chapter shall be punished by:

(1) for a first offense shall be fined not less than $4,000 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 may be imprisoned up to 18 months.

(2) for a second or subsequent offense, shall be fined not less than $8,000 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 may be imprisoned for up to 3 years

(3) for subsequent offenses or for any offense where the value the trafficked ivory and/or rhino horn and other trafficked items combined equals $25,000, may be imprisoned for up to 7 years and fined no less than an amount equal to $100,000.

(b) Upon a conviction for violating the provisions of section 2, 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 according to subsection (a) of this section. After sentencing the defendant, the court shall order that the seized ivory, ivory products, rhinoceros horn, and rhinoceros horn products be transferred to the department of environmental protection for proper disposition. The department, at its discretion, 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 or university.