§ 5501. Definitions
As used in this chapter:
(1) “Bona fide educational or scientific institution” means an institution that establishes
through documentation that it is a tax-exempt institution under the Internal Revenue
Service’s educational or scientific tax exemption.
(2) “Covered animal” means any species of:
(A) Cheetah (Acinonyx jubatus);
(B) Elephant (family Elephantidae);
(C) Giraffe (Giraffa camelopardalis);
(D) Hippopotamus (family Hippopotamidae);
(E) Jaguar (Panthera onca);
(F) Leopard (Panthera pardus);
(G) Lion (Panthera leo);
(H) Mammoth (genus Mammuthus);
(I) Mastodon (genus Mammut);
(J) Pangolin (family Manidae);
(K) Endangered ray, as listed by the Convention on International Trade in Endangered Species
of Wild Fauna and Flora;
(L) Rhinoceros (family Rhinocerotidae);
(M) Sea turtle (family Chelonioidea);
(N) Endangered shark, as listed by the Convention on International Trade in Endangered
Species of Wild Fauna and Flora;
(O) Tiger (Panthera tigris);
(P) Whale (families Balaenidae, Balaenopteridae, Cetotheriidae, Eschrichtiidae, Monodontidae,
Physeteridae, Kogiidae, and Ziphiidae); or
(Q) The following primates: gorillas, bonobos, orangutans, gibbons, or chimpanzees.
(3) “Commissioner” means the Commissioner of Fish and Wildlife.
(4) “Covered animal part or product” means any item that contains, or is wholly or partially
made from, a covered animal, including the meat or flesh of a covered animal sold
as food.
(5) “Firearm” has the same meaning as in 13 V.S.A. § 4016(a)(3).
(6) “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. “Sale” or “sell” shall not include a nonmonetary transfer
of ownership by way of gift, donation, or bequest.
(7) “Secretary” means the Secretary of Natural Resources.
(8) “Total value” means either the fair market value or the actual price paid for a covered
animal part or product, whichever is greater. (Added 2019, No. 169 (Adj. Sess.), § 1, eff. Jan. 1, 2022.)
§ 5502. Prohibition
Except as provided in this chapter, notwithstanding any other provision of law to
the contrary, a person shall not purchase, sell, offer for sale, or possess with intent
to sell any item that the person knows or should know is a covered animal part or
product. (Added 2019, No. 169 (Adj. Sess.), § 1, eff. Jan. 1, 2022.)
§ 5503. Exceptions
(a) The prohibition on the purchase, sale, offer for sale, or possession with intent to
sell set forth in section 5502 of this title shall not apply:
(1) 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;
(2) when the activity is expressly authorized by federal law;
(3) when the covered animal part or product is a fixed component of an antique that is
not made wholly or partially from the covered animal part or product, provided that:
(A) the antique status is established by the owner or seller of the covered animal part
or product with documentation providing evidence of the provenance of the covered
animal part or product and showing the covered animal part or product to be not less
than 100 years old; and
(B) the total weight of the covered animal part or product is less than 200 grams;
(4) when the covered animal part or product is a fixed component of a firearm; knife;
or musical instrument, including string instruments and bows, wind and percussion
instruments, and pianos, provided that the covered animal part or product was legally
acquired and provided that the total weight of the covered animal part or product
is less than 200 grams; or
(5) the activity is authorized under section 5504 of this title.
(b) Documentation evidencing reasonable provenance or the age of a covered animal part
or product that may be purchased, sold, offered for sale, or possessed under subsection
(a) of this section may include receipts of purchase, invoices, bills of sale, prior
appraisals, auction catalogues, museum or art gallery exhibit catalogues, and the
signed certification of an antique appraiser to the age of the covered animal part.
The issuance of a false or fraudulent certification of the age of a covered animal
part or product shall be subject to penalty under section 5506 of this title. (Added 2019, No. 169 (Adj. Sess.), § 1, eff. Jan. 1, 2022.)
§ 5504. Educational or scientific use
The Secretary may permit, under terms and conditions as the Secretary may require,
the purchase, sale, offer for sale, or possession with intent to sell of any covered
animal part or product for educational or scientific purposes by a bona fide educational
or scientific institution, unless the activity is prohibited by federal law and provided
that the covered animal part or product was legally acquired. (Added 2019, No. 169 (Adj. Sess.), § 1, eff. Jan. 1, 2022.)
§ 5505. Presumption of possession with intent to sell
There shall be a rebuttable presumption that a person possesses a covered animal part
or product with intent to sell 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. This rebuttable presumption shall not preclude a court from finding
intent to sell a covered animal part or product based on any other evidence that may
serve to independently establish intent. (Added 2019, No. 169 (Adj. Sess.), § 1, eff. Jan. 1, 2022.)
§ 5506. Administrative penalties; referral for criminal enforcement
(a) The Secretary may assess the following administrative penalties for a violation of
a provision of this chapter:
(1) For a first offense, a person shall be assessed an administrative penalty of not more
than $1,000.00 nor less than $400.00.
(2) For a second offense or subsequent offense, a person shall be assessed an administrative
penalty of not more than $4,000.00 nor less than $2,000.00.
(b) Instead of bringing an environmental enforcement action for a violation of this chapter
or rules adopted under this chapter, the Secretary may refer a violation of this chapter
to the Commissioner of Fish and Wildlife for criminal enforcement under section 4518 of this title. (Added 2019, No. 169 (Adj. Sess.), § 1, eff. Jan. 1, 2022.)
§ 5507. Seizure
A person convicted of violating a provision of this chapter shall forfeit to the Secretary
the covered animal part or product that is the subject of the violation. The Secretary
may:
(1) authorize that the covered animal part or product be maintained for educational or
training purposes;
(2) authorize that the covered animal part or product be donated to a bona fide educational
or scientific institution; or
(3) require that the covered animal part or product be destroyed. (Added 2019, No. 169 (Adj. Sess.), § 1, eff. Jan. 1, 2022.)
§ 5508. Rules
The Secretary may adopt rules necessary to implement the requirements of this chapter. (Added 2019, No. 169 (Adj. Sess.), § 1, eff. Jan. 1, 2022.)