HB2502.DOC

SECTION 1. The legislature finds that there is broad consensus that the trafficking of animals threatened with extinction continues to grow at an alarming pace, threatening an increasing variety of animal species. These species are threatened with extinction in large part due to the trafficking of their parts and products. The National Strategy for Combating Wildlife Trafficking, released in February 2014, recognized the important role that states have in protecting species that are subject to illegal wildlife trade. Federal law regulates the transfer or importation of parts or products made from endangered animal species, but because of increasing demand for these products around the world, state authority needs to be aligned with federal and international laws to appropriately regulate these markets on a local level.

The legislature finds that in September 2015, the United States and China announced a cooperative effort to take comprehensive action to curb wildlife trafficking, stating the "United States and China commit to enact nearly complete bans on ivory import and export, including significant and timely restrictions on the import of ivory as hunting trophies, and to take significant and timely steps to halt the domestic commercial trade of ivory."

The legislature finds that as Hawaii is the host of the September 2016 World Conservation Congress held by the International Union for the Conservation of Nature and the United States, it is important to demonstrate Hawaii's continuing leadership in global conservation challenges, international wildlife trafficking, and endangered species protection.

The legislature finds that the most effective way to discourage illegal trafficking in animal species threatened with extinction is to eliminate markets and profits. It is in the public interest to protect animal species threatened with extinction by prohibiting within the State of Hawaii, with certain limited exceptions, the sale, offer for sale, purchase, trade, barter for, and distribution of any part or product of any species of elephant (Elephantidea), mammoth (Mammuthus), rhinoceros (Rhinocerotidea), tiger (Pathera tigris), great ape (Hominoidea), Hawaiian monk seal (Neomonachus schauinslandi), shark (Elasmobranchii selachimorpha), ray (Elasmobranchii batoidea), sea turtle (Chelonioidea), walrus (Odobenidae odobenus), narwhal (Monodon monoceros), whale (Cetacea), hippopotamus (Hippopotamus amphibious), lion (Panthera leo), pangolin (Manis), cheetah (Acinonyx jubatus), jaguar (Panthera onca), or leopard (Panthera pardus) that are identified as threatened with extinction by specified international conservation organizations. These animals are the most trafficked species that are threatened with extinction as documented by illegal wildlife product seizure data compiled by TRAFFIC, a program of the World Wildlife Fund and the International Union for Conservation of Nature, and data collected by other international conservation organizations.

The purpose of this Act is to improve coordination between state natural resource laws and other government authorities in accordance with the intent expressed by section 183D-8, Hawaii Revised Statutes. As other countries and states adopt laws to protect endangered species, Hawaii needs to ensure that it is not an attractive market for illegal wildlife trafficking.

SECTION 2. Chapter 183D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§183D-A Trafficking of certain wildlife prohibited. (a) Notwithstanding section 183D-6 to the contrary, no person shall sell, offer to sell, purchase, trade, barter for, or distribute any covered animal species part or product from the following animal species: elephant (Elephantidea), rhinoceros (Rhinocerotidea), tiger (Pathera tigris), great ape (Hominoidea), hippopotamus (Hippopotamus amphibious), lion (Panthera leo), pangolin (Manis), cheetah (Acinonyx jubatus), jaguar (Panthera onca), or leopard (Panthera pardus).

(b) The sale, offer to sell, purchase, trade, barter for, or distribution of any covered animal species part or product from the following animal marine species is prohibited: Hawaiian monk seal (Neomonachus schauinslandi), shark (various Elasmobranchii selachimorpha), rays (Elasmobranchii batoidea), sea turtle (Chelonioidea), narwhal (Monodon monoceros), whale (Cetacea), or walrus (Odobenidae odobenus), insofar as the species, subspecies, or distinct population segment is listed on:

(1) The Convention on International Trade in Endangered Species of Wild Fauna and Flora, Appendices 1 or 2;

(2) The International Union for the Conservation of Nature Red List as vulnerable, endangered, or critically endangered; or

(3) The Endangered Species Act as threatened or endangered.

(c) The sale, offer to sell, purchase, trade, barter for, or distribution of any covered animal species part or product from mammoth (Mammuthus) is prohibited, even though the species is extinct.

(d) The following are exempt from the prohibitions of this section:

(1) The covered animal species part or product is part of a bona fide antique; provided that the antique status of such an antique is established by the owner or seller with historical documentation evidencing provenance and showing the antique is not less than one hundred years old, and the covered animal species part or product is less than ten per cent by volume of such an antique;

(2) The distribution of the covered animal species part or product is for a bona fide educational or scientific purpose, or to or from a museum;

(3) The distribution of the covered animal species part or product is to a legal beneficiary of an estate, trust, or other inheritance, upon the death of the owner of the covered animal species part or product;

(4) The covered animal species part or product is less than ten per cent by volume of a musical instrument, including string instruments and bows, wind and percussion instruments, and pianos, if the owner or seller provides historical documentation demonstrating provenance and showing the item was manufactured no later than 1975;

(5) The intrastate sale, offer for sale, purchase, trade, barter for, or distribution of the covered animal species part or product is expressly authorized by federal law or permit; or

(6) Traditional cultural practices that are expressly protected under article XII, section 7, of the state constitution.

(e) 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 similar items. The rebuttable presumption shall not preclude a finding of intent to sell based on any other evidence that may serve to independently establish such intent."

SECTION 3. Section 183D-5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Any person violating section 183D-A, 183D-25.5, 183D-26, 183D-27, 183D-32, 183D-62, or 183D-64 shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as follows:

(1) For a first conviction by a mandatory fine of not less than $200, or by imprisonment of not more than one year, or both;

(2) For a second conviction within five years of a previous conviction, by a mandatory fine of not less than $1,000, or by imprisonment of not more than one year, or both, and all firearms used in the commission of the violations shall be considered contraband to be forfeited to and disposed of by the State; and

(3) For a third or subsequent conviction within five years of the first two or more convictions, by a mandatory fine of not less than $2,000, or by imprisonment of not more than one year, or both, and all firearms used in the commission of the violations shall be considered contraband to be forfeited to and disposed of by the State."

SECTION 4. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 5. New statutory material is underscored.

SECTION 6. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 7. This Act shall take effect on December 31, 2016.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2502
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII