SB 38 — WILDLIFE TRAFFICKING ACT

SENATE BILL 38 54THTH LEGISLATURE - STATESTATEOFNEWMEXICO- OF NEW MEXICO - FIRST SESSIO,SESSION, 2019 INTRODUCED BY Mimi Stewart and Gail Chasey 6Pursuant 8to 10House ANRule ACT24-1, RELATINGthis TOdocument WILDLIFE;incorporates amendments that have been adopted prior to consideration of this measure by the House.

It is a tool to show the amendments in context and is not to be used for the purpose of amendments.

AN ACT RELATING TO WILDLIFE;

h PROVIDING POWERS AND DUTIES;

g o MAKING TRAFFICKING OF ANIMAL SPECIES THREATENED WITH EXTINCTION t hr g e i k A CRIME;

16h r i s h , t, BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

e tu 17g e b l e e h SECTION 1.

[NEW MATERIAL ] SHORT TITLE.--This act may be w l n d 18d i = = o h cited as the "Wildlife Trafficking Act".

=l =] 19b ,d i a º e SECTION 2.

[NEW MATERIAL] DEFINITIONS.--As used in the ar l i a= r t e rw 20d m a n o Wildlife Trafficking Act:

ad t m m: 21 A.

"coveredb animale species" means any extant d rs eº 22o speciest ofn elephant,= rhinoceros,.211655.1 tiger, lion, leopard, cheetah, c e s k 23m jaguar,e pangolin, great ape, marine turtle, shark, caiman, ray e a n be 24d orr othere speciesl covered by Appendix 1 of the Convention on u [ InternationalA Traded inA. Endangered Species of Wild Fauna and .211655.1 Flora, to which the United States is a treaty party;

"covered animal species" means any extant SJCºspecies»SJC SCONCºof elephant, rhinoceros, tiger, lion, leopard, cheetah, jaguar, pangolin, great ape, marine turtle, shark, caiman, ray or other species»SCONC SJCºSJCºof elephant, rhinoceros, tiger, lion, leopard, cheetah, jaguar, pangolin, great ape, marine turtle, shark, caiman, ray or other species »SJC»SJC SJCºspecies of elephant, lion, shark»SJC SJCºor other species»SJC covered by Appendix 1 of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, to which the United States is a treaty party;

h D.

"educational or scientific institution" means an u » r institution that has an educational or scientific tax exemption t h g e l i from the federal internal revenue service or the institution's h r i s national or state tax authority;

h , e h E.

"sell" includes bartering for, exchanging, t u g e b l e e , gh trading or possessing with the intent to sell and each such n d d i = = o h transaction made by any person, with or without remuneration, l ] b ,d i a º r including any intrastate sale through the internet;

and e r = t e w d m a n o F.

"total value of the covered animal species or e e 17 covered animal part or product" means the fair market value of e e n d 18m such: part or product, the price at which the part or product = = l ] 19 was offered for sale or the actual price paid for the part or a l r i 20 product, whichever is greater.

b r e t º o t n = .211655.1 s k m e - 2 - e a tn SECTIONe 3.d r e l u [ A d covered animal part or product" means the fair market value of such part or product, the price at which the part or product was offered for sale or the actual price paid for the part or product, whichever is greater.

[NEWSECTION MATERIAL3. ] PROHIBITED ACTS.-- m m 21 e d r e 22 A.

Except[NEW asMATERIAL provided] inPROHIBITED SectionACTS.-- 4A. of the Wildlife c e r c 23 Trafficking Act, it is unlawful for a person to knowingly sell e a n b 24 or purchase any covered animal species or covered animal part u [ or product.

.211655.1Except -as 2provided -in B.Section 4 of the Wildlife Trafficking Act, it is unlawful for a person to knowingly sell or purchase any covered animal species or covered animal part or product.

B.

the covered animal part or product is a fixed h component of an antique product that is not made wholly or g o t hr primarily of covered animal parts or products, provided that g e i k the antique status is established by the owner or seller with h r i s evidence proving origin and showing that:

h , t, (1) the covered animal part or product is more e u g e b l e e h than one hundred years old;

n d d i = = o h (2) the total weight of the covered animal l ] b ,d i a º e part or product is less than two hundred grams;

and (3)r ati least= fiftyr percentt ofe thew valued ofm thea en eo 17(3) antiqueat doesleast notfifty stempercent fromof the coveredvalue animalof partthe ord product;m :

b e d s º o t n = .211655.1 s k m e - 3 - e a n e d 18r B.e l u [ A d antique does not stem from the covered animal part or product;

theB. covered animal part or product is a = = l ] 19 component of a gun or musical instrument, including stringed a l r i 20 instruments and bows, wind and percussion instruments and t e a t pianos;

mthe mcovered 21animal epart dor rproduct eis 22a C.component of a gun or musical instrument, including stringed instruments and bows, wind and percussion instruments and pianos;

theC. covered animal species or covered animal c e r c 23 part or product is lawfully possessed by an enrolled member of e a n b 24 a federally recognized Indian nation, tribe or pueblo for u [ traditional, cultural or religious purposes;

.211655.1the -covered 3animal -species D.or covered animal part or product is lawfully possessed by an enrolled member of a federally recognized Indian nation, tribe or pueblo for traditional, cultural or religious purposes;

D.

the noncommercial transfer of ownership of the h covered animal species or covered animal part or product is to u » r a legal beneficiary of an estate, trust or other inheritance t h g e l i upon the death of the owner of the covered animal species or h r i s covered animal part or product or is a gift;

h , e h F.

the sale, trade or purchase of the covered t u g e b l e e , gh animal species or covered animal part or product is authorized n d d i = = o h by the Convention on International Trade in Endangered Species l ] b ,d i a º r of Wild Fauna and Flora or by federal or state law or permit;

or e r = t e 17w G.d m a n o or d m :

theb allegedr violatione oft aº provisiono oft Section e e n d= 18.211655.1 3s ofk them Wildlifee Trafficking- Act4 is- bye an employee or agent of = = l ] 19 a federal,n statee ord local law enforcement agency and who is a l r i 20 operating in the employee's or agent's official capacity as a t e al tu federal,[ stateA ord localG. law enforcement officer.

mthe malleged 21violation eof da rprovision eof 22Section SECTIONof 5.the Wildlife Trafficking Act is by an employee or agent of a federal, state or local law enforcement agency and who is operating in the employee's or agent's official capacity as a federal, state or local law enforcement officer.