N.Y. Environmental Conservation Law Section 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.

Source: Section 11-0535-A — Illegal ivory articles and rhinoceros horns, https://www.­nysenate.­gov/legislation/laws/ENV/11-0535-A (updated Sep. 22, 2014; accessed Jun. 15, 2024).

11‑0501
Fish and wildlife management practices cooperative program
11‑0503
Polluting streams prohibited
11‑0505
Interference with fish and wildlife
11‑0507
Liberation of fish, shellfish and wildlife
11‑0509
Water chestnut
11‑0511
Possession and transportation of wildlife
11‑0512
Possession, sale, barter, transfer, exchange and import of wild animals as pets prohibited
11‑0513
Pigeons
11‑0514
Eurasian boars prohibited
11‑0515
Licenses to collect, possess or sell for propagation, scientific or exhibition purposes
11‑0517
Taking for propagation and stocking
11‑0519
Disposition of fish, wildlife, game, shellfish, crustacea or protected insects seized by or surrendered to enforcement officers
11‑0521
Destructive wildlife
11‑0522
Urban deer management pilot program
11‑0522‑A
Long Island deer management pilot program
11‑0523
Destructive or menacing wildlife
11‑0524
Nuisance wildlife control operators
11‑0525
Control of rabies in wildlife
11‑0527
State aid to counties participating in control of rabies in wildlife
11‑0529
Cats hunting birds
11‑0531
Bounties prohibited
11‑0533
Licensing of guides
11‑0535
Endangered and threatened species, species of special concern
11‑0535‑A
Illegal ivory articles and rhinoceros horns
11‑0535‑B
Vulnerable species
11‑0535‑C
Endangered and threatened species mitigation bank fund
11‑0536
Sale of certain wild animals or wild animal products prohibited
11‑0537
Bald and golden eagles
11‑0538
Direct contact between public and big cats prohibited
11‑0539
New York natural heritage program
11‑0540
Prohibition on permits authorizing the use of elephants in entertainment acts

Accessed:
Jun. 15, 2024

Last modified:
Sep. 22, 2014

§ 11-0535-A’s source at nysenate​.gov

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