N.Y. Environmental Conservation Law § 11-0535-a: Illegal ivory articles and rhinoceros horns

§ 11-0535-a. Illegal ivory articles and rhinoceros horns.

1. As used in this section:

a. "Distribute" means a transfer or change in possession with an

accompanying change in legal ownership.

b. "Ivory article" means any item containing worked or raw ivory from

any species of elephant or mammoth.

c. "Raw ivory" means any elephant or mammoth tusk, and any piece

thereof, the surface of which, polished, or unpolished, is unaltered or

minimally carved.

d. "Worked ivory" means any elephant or mammoth tusk, and any piece

thereof, which is not raw ivory.

2. Except as otherwise provided in subdivision three of this section,

no person shall sell, offer for sale, purchase, trade, barter or

distribute an ivory article or rhinoceros horn.

3. Unless such activity is prohibited by federal law, rule or

regulation, the commissioner may issue licenses or permits for the sale,

offering for sale, purchase, trading, bartering or distribution of ivory

articles or rhinoceros horns, provided that:

a. the ivory article or rhinoceros horn is part of a bona fide antique

and is less than twenty percent by volume of such antique, and the

antique status of such antique is established by the owner or seller

thereof with historical documentation evidencing provenance and showing

the antique to be not less then one hundred years old;

b. the distribution or change of possession of the ivory article or

rhinoceros horn is for bona fide educational or scientific purposes, or

to a museum chartered by the board of regents pursuant to the education

law or to a museum authorized by a special charter from the legislature

of this state; or

c. the distribution of the ivory article or rhinoceros horn is to a

legal beneficiary of a trust or to an heir or distributee of an estate;

or

d. the ivory article or rhinoceros horn is part of a musical

instrument, including, without limitation, string and wind instruments

and pianos, and the owner or seller provides historical documentation as

the department may require, demonstrating provenance and showing the

item was manufactured no later than nineteen hundred seventy-five.