23:2A-6.1 Prohibitions relative to products, parts of certain species; exceptions; rules, regulations; definitions.

364 words·~2 min read·/nj/title-23/chapter-2a/23-2a-6-1

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

6. a. Notwithstanding the provisions of section 6 of P.L.1973, c.309 (C.23:2A-6) or any other law, or any rule or regulation adopted pursuant thereto, to the contrary, no person shall possess, transport, import, export, process, sell or offer for sale, or ship, and no common or contract carrier shall knowingly transport or receive for shipment any part or product of:

(1)any specified African species; or

(2)any species or subspecies of elephant, rhinoceros, tiger, lion, leopard, cheetah, pangolin, marine turtle, or ray listed in Appendix I or Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

b. The following exceptions and defenses shall apply to the prohibition in subsection a. of this section:

(1)the part or product was lawfully possessed within the State prior to the effective date of P.L.2016, c.6 (C.23:2A-6.1 et al.);

(2)the part or product is being used or displayed for scientific, zoological, or educational purposes;

(3)the part or product is conveyed directly to a devisee, heir, or beneficiary, provided that the part or product was lawfully possessed by the decedent prior to the effective date of this section; or

(4)the person lawfully possesses any ivory, ivory product, rhinoceros horn, or rhinoceros horn product in compliance with section 3 of P.L.2014, c.22 (C.23:2A-13.3).

c. The department may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as may be necessary to implement this section.

d. Nothing in this section shall be construed to preclude a person violating this section from also being liable for any applicable violation of P.L.2014, c.22 (C.23:2A-13.1 et seq.), R.S.23:4-27, or any other State law, rule, or regulation.

e. As used in this section:

"Beneficiary" has the same meaning as that term is defined in N.J.S.3B:1-1.

"Devisee" has the same meaning as that term is defined in N.J.S.3B:1-1.

"Heir" has the same meaning as that term is defined in N.J.S.3B:1-1.

"Specified African species" means the following species of wildlife:

(1)African elephant (Loxodonta Africana);

(2)African leopard (Panthera pardus);

(3)African lion (Panthera leo);

(4)black rhinoceros (Diceros bicornis); and

(5)white rhinoceros (Ceratotherium simum).

L.2016, c.6, s.6.