Bill Text: MI HB6503 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Natural resources; wildlife; wildlife trafficking; prohibit importation, sale, purchase, barter, or possession of products derived from certain animal species. Amends 1994 PA 451 (MCL 324.101 - 324.90106) by adding pt. 367.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-11-28 - Bill Electronically Reproduced 11/27/2018 [HB6503 Detail]
Download: Michigan-2017-HB6503-Introduced.html
HOUSE BILL No. 6503
November 27, 2018, Introduced by Rep. Cochran and referred to the Committee on Commerce and Trade.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
(MCL 324.101 to 324.90106) by adding part 367.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Part 367
ENDANGERED SPECIES TRAFFICKING
Sec. 36701. (1) As used in this part:
(a) "Sell" means to sell, trade, or barter, for monetary or
nonmonetary consideration, and includes any transfer of ownership
that occurs in the course of a commercial transaction, but does not
include a transfer of ownership to a beneficiary of a trust without
monetary consideration or to a person by gift, donation,
inheritance, or bequest. "Sale" has a corresponding meaning.
(b) "Shark fin" means the detached fin or tail of a shark.
Sec. 36702. Except as provided in section 36703, a person
shall not purchase, sell, offer to sell, or possess with intent to
sell any item that is, wholly or partially, made of an animal part
or byproduct derived from any of the following:
(a) A shark fin.
(b) A lion of the species Panthera leo or any species of
elephant, rhinoceros, tiger, leopard, cheetah, jaguar, pangolin,
sea turtle, ray, mammoth, narwhal, walrus, or hippopotamus.
(c) Any animal species covered on the effective date of the
amendatory act that added this section by the Convention on
International Trade in Endangered Species of Wild Fauna and Flora.
Sec. 36703. Section 36702 does not apply to any of the
following:
(a) Any activity undertaken by a law enforcement agency or
officer
pursuant to federal or state law.
(b) A knife or firearm, or a component thereof, that contains
an animal part or byproduct derived from a species listed in
section
36702 if all of the following apply:
(i) The animal part or byproduct is a fixed or integral part
of the knife or firearm, or the component thereof.
(ii) The animal part or byproduct originated in or was legally
imported to the United States.
(iii) The owner or seller of the knife or firearm, or the
component thereof, establishes with documentation evidencing
provenance that the knife or firearm, or the component thereof, was
legally acquired.
(iv) All the requirements for the sale of the knife or
firearm, or the component thereof, set forth in federal and state
law are met.
(c) Any item that is, wholly or partially, made of an animal
part or byproduct derived from any species listed in section 36702
for which the owner or seller has obtained each certification or
permit required by federal law for the sale of the item or that is
specifically authorized for sale by federal law, if all the
requirements for the sale of the item set forth in federal or state
law
have been met.
Sec. 36704. (1) A person that violates section 36702 is guilty
of a misdemeanor punishable by imprisonment for not more than 1
year or a fine of not more than $2,000.00, or both.
(2) In addition to the criminal penalties set forth in this
section, a person that violates section 36702, upon conviction, may
be ordered to pay a civil fine of not more than the greater of the
following:
(a) $6,500.00.
(b) Four times the fair market value of the item that is the
subject of the violation.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
