SECTION 1. The legislature finds that African elephants are nearing extinction due to the high price of ivory, driven by growing consumer demand. In March 2013, one hundred seventy-eight nations attended the Convention on International Trade in Endangered Species, where it was documented that elephant slaughter has reached crisis proportions unheard of in two decades. Wildlife scientists state that the black market trade of ivory through internet sales is skyrocketing throughout the world, including in the United States. In 2012, approximately thirty-five thousand African elephants were slaughtered by poachers, criminal syndicates, and terrorist groups, who were intent on selling their ivory, and ivory trafficking is at the highest recorded rate ever. It is estimated that over forty-one tons of illegal ivory have been confiscated worldwide this year. Scientists believe the population of elephants cannot withstand this slaughter and these species may become extinct in less than twenty years.

The legislature further finds that the Convention on International Trade in Endangered Species of Wild Fauna and Flora, adopted by the United States, banned the international trade of African ivory in 1989. African ivory is legally sold in Hawaii if it was imported before 1989 or is at least one hundred years old at the time of import and has not been altered since. An investigation supported by The Humane Society of the United States and Humane Society International found that Hawaii is the third highest retailer of elephant ivory in the United States, behind only California and New York. Despite federal laws, eighty-nine per cent of ivory sold in Hawaii is likely illegal or of unknown origin.

The legislature additionally finds that wildlife and animal welfare experts agree that the only way to save the critically endangered elephants is to prohibit the sale of ivory. The legislature unanimously adopted S.C.R. No. 149, S.D. 1, regular session of 2013, urging Hawaii residents and businesses to comply with the Convention on International Trade in Endangered Species of Wild Fauna and Flora and not to buy or sell ivory of unknown origin. Despite this notice, ivory of unknown origin continues to be sold in Hawaii. Furthermore, it is impossible to distinguish elephant ivory from ivory of another species, except by laboratory exam by scientific experts.

The purpose of this Act is to prohibit any person, firm, partnership, or corporation from importing, selling, offering to sell, or possessing with intent to sell, any ivory product.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

Ivory products

§ -1 Findings and purpose. The legislature finds that African elephants are nearing extinction due to the high price of ivory and consumer demand. Elephants are slaughtered by poachers intent on selling their ivory.

The purpose of this chapter is to ensure the continued perpetuation of African elephants as members of ecosystems by taking positive actions to enhance prospects for the survival of African elephants.

§ -2 Definitions. As used in this chapter:

"Department" means department of land and natural resources.

"Ivory product" means any product containing or advertised as containing raw or worked ivory teeth or tusks from any species of wildlife, including but not limited to all species of elephants, hippopotamuses, walruses, whales, and narwhals.

"Sale" or "sell" means all acts of selling, trading, or bartering for monetary or nonmonetary consideration, including online and internet sales.

§ -3 Prohibitions relating to the sale of ivory; exceptions. (1) Except as provided in this section, it shall be unlawful for any person to import, sell, offer to sell, or possess with intent to sell any ivory product.

(2) It shall be presumptive evidence of possession with intent to sell when ivory products are possessed in a retail or wholesale outlet, including auctions or swap meets. This presumption shall not preclude a finding of intent to sell based on any other evidence that may serve to independently establish such intent.

(3) The prohibitions set forth in subsection (1) shall not apply to employees or agents of the federal government undertaking any law enforcement activities pursuant to federal law or any mandatory duties required by federal law.

(4) The prohibition on import set forth in subsection (1) shall not apply where the import is expressly authorized by federal license or permit.

(5) The department may permit, under such terms and conditions as it may prescribe, the import, sale, offer for sale, or possession with intent to sell, any ivory product for educational or scientific purposes, unless such activity is prohibited by federal law or regulation.

§ -4 Penalties. (1) Any person who violates this chapter or any rule or order adopted pursuant to this chapter shall be penalized as follows:

(a) Any person who violates this chapter is guilty of a misdemeanor and shall be subject to a fine of not less than $1,000 or an amount equal to two times the total value of the ivory products involved in the violation, whichever is higher, or by both imprisonment and fine, for each violation.

(b) For a second offense, the violation shall be a class C felony and shall be subject to a fine of not less than $5,000 or an amount equal to two times the total value of the ivory products involved in the violation, whichever is higher, or by both imprisonment and fine, for each violation.

(2) In addition to any criminal penalty provided for under subsection (1), a civil or administrative fine in an amount not to exceed two times the total value of the ivory products involved in the violation may be imposed for a violation of this section or any rule or order adopted pursuant to this section.

(3) For the purposes of this section, "total value of the ivory products" means the fair market value of the ivory products or the actual price paid for the ivory products, whichever is greater.

§ -5 Disposition of seized ivory products. Upon conviction or other entry of judgment for a violation of this chapter, any seized ivory products shall be forfeited and either destroyed or offered to an entity possessing a permit for educational or scientific activities."

SECTION 3. The department of land and natural resources may adopt rules pursuant to chapter 91, Hawaii Revised Statutes, necessary to implement and administer this Act.

SECTION 4. 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 5. This Act shall take effect on January 1, 2015.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2024
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII