Revision: Dec. 20, 2017, 12:07 p.m.
SB 451 - AS INTRODUCED
SENATE BILL 451
SPONSORS: Sen. Watters, Dist 4; Sen. Birdsell, Dist 19; Sen. Bradley, Dist 3; Sen. Carson, Dist 14; Sen. Cavanaugh, Dist 16; Sen. Fuller Clark, Dist 21; Sen. Gannon, Dist 23; Sen. Hennessey, Dist 5; Sen. Innis, Dist 24; Sen. Kahn, Dist 10; Sen. Ward, Dist 8; Rep. L'Heureux, Hills. 21; Rep. Butler, Carr. 7; Rep. Fraser, Belk. 1; Rep. Bixby, Straf. 17
COMMITTEE: Energy and Natural Resources
This bill establishes a prohibition on wildlife trafficking.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
Be it Enacted by the Senate and House of Representatives in General Court convened:
WILDLIFE TRAFFICKING PREVENTION
212-C:1 Definitions. In this chapter:
I. “Covered animal species” means any species of:
(j) Sea turtle.
II. “Covered animal species part or product” means any item that contains, or is wholly or partially made from, any covered animal species.
III. “Person” means any individual, firm, partnership, joint venture, corporation, limited liability company, joint stock company, estate, trust, receiver, syndicate, association, or other legal entity.
IV. “Sale” or “sell” means any act of selling, trading, or bartering for monetary or nonmonetary consideration, and includes any transfer of ownership that occurs in the course of a commercial transaction, but does not include a nonmonetary transfer of ownership by way of gift, donation, or bequest.
V. “Total value” means either the fair market value or the actual price paid for a covered animal species part or product, whichever is greater.
I. Except as provided in paragraph II, no person shall purchase, sell, offer for sale, or possess with intent to sell, any item that the person knows or should know is a covered animal species part or product.
II. Paragraph I shall not apply:
(a) 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.
(b) When the activity is expressly authorized by federal law.
(c) When the activity involves a species that is subject to a federal management plan under 16 U.S.C. sections 1851-1869.
(d) When the covered animal species part or product is a fixed component of an antique, or is an antique that is wholly or primarily of the covered animal species part or product, provided that the antique status is established by the owner or seller thereof with documentation evidencing provenance and showing the covered animal species part or product to be not less than 100 years old.
(e) When the covered animal species part or product is a fixed component of a musical instrument, including, but not limited to, string instruments and bows, wind and percussion instruments, and pianos, provided that the covered animal species part or product was legally acquired.
(f) To the noncommercial transfer of ownership of a covered animal species part or product to a legal beneficiary of an estate, trust, or other inheritance.
(g) To the donation of a covered animal species part or product to a bona fide scientific or educational institution for scientific or educational purposes.
(h) To the possession of a covered animal species part or product by any enrolled member of a federally-recognized Indian tribe.
(i) To a knife or firearm, or a component thereof, that contains an animal part or byproduct derived from any species listed in paragraph I if:
(1) The animal part or byproduct:
(A) Is a fixed or integral part of the knife or firearm, or the component thereof; and
(B) Originated in or was legally imported to the United States; and
(2) The owner or seller of the knife or firearm, or the component thereof, establishes with documentation evidencing provenance that the knife or firearm, or the component thereof, was legally acquired; and
(3) All the requirements for the sale of the knife or firearm, or the component thereof, set forth in federal and state law are met.
III. There is a presumption of possession with intent to sell a covered animal species part or product when the part or product is possessed by a retail or wholesale establishment or other forum engaged in the business of buying or selling of similar items. This rebuttable presumption shall not preclude a finding of intent to sell based on any other evidence which may serve to independently establish such intent.
IV. A person who violates this section shall be guilty of a violation and may be fined not more than $1,000, or an amount equal to 2 times the total value of the covered animal species part or product that is the subject of the violation, whichever is greater.
V. Any covered animal species part or product that is subject to seizure by or forfeiture to the fish and game department shall not be sold by the department.
VI. The executive director of the fish and game department may adopt rules pursuant to RSA 541-A relative to the purchase, sale, offer for sale, or possession with intent to sell, of parts or products of any animal species that so closely resemble in appearance parts or products of a covered animal species that law enforcement personnel would have substantial difficulty in attempting to differentiate between the species.
212-C:3 Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.