In this subtitle the following words have the meanings indicated.
“Bona fide scientific or educational institution” means an institution that establishes educational or scientific tax–exempt status through documentation from the Internal Revenue Service.
“Covered animal species” means any species of:
Bonobo;
Cheetah;
Chimpanzee;
Elephant;
Giraffe;
Gorilla;
Hippopotamus;
Jaguar;
Leopard;
Lion;
Mammoth;
Mastodon;
Orangutan;
Pangolin;
Rhinoceros;
Sea turtle; or
Tiger.
“Covered animal species part or product” means any item that contains or is wholly or partly made from a covered animal species.
“Musical instrument” includes a string instrument or bow, a wind or percussion instrument, or a piano.
“Sell” means any act of selling, trading, or bartering for monetary or nonmonetary consideration.
“Sell” does not include a nonmonetary transfer of ownership by way of gift, donation, or bequest.
This subtitle applies to any sale or transfer of ownership that occurs in the course of a commercial transaction for which:
The buyer takes physical possession of the covered animal species part or product in the State; or
The seller is located in the State.
This subtitle does not apply to:
Federal or State law enforcement activity;
Duties mandated by federal or State law;
Activity expressly authorized by federal law; or
A covered animal species part or product that is a fixed component of:
An antique that is not made wholly or primarily from the covered animal species part or product, provided that:
The antique status is established by the owner or seller through documentation showing provenance and that the covered animal species part or product is at least 100 years old; and
The total weight of the covered animal species part or product is less than 200 grams; or
A musical instrument, knife, or firearm, provided that:
The covered animal species part or product was legally acquired;
The covered animal species part or product is a fixed or integral part of the item; and
The total weight of the covered animal species part or product is less than 20% of the total weight of the musical instrument, knife, or firearm.
In this subtitle, the calculation of the value of a covered animal species part or product shall be the greater of the fair market value of or the actual price paid for the covered animal species part or product.
Except as provided in § 10–2B–05 of this subtitle, a person may not purchase, sell, offer for sale, or possess with intent to sell any item that the person knows or should know is a covered animal species part or product.
Unless prohibited by federal law, the Department may allow the following institutions to sell, barter, or trade any lawfully acquired covered animal species part or product:
A bona fide scientific or educational institution; or
A scientific or educational institution authorized by the Department to sell, barter, or trade for scientific or educational purposes.
A list of institutions authorized by the Department under subsection (a)(2) of this section shall be made available on request.
There is a rebuttable presumption that a person possesses a covered animal species part or product with the intent to sell if the covered animal species part or product is possessed in a retail or wholesale establishment commonly used for the buying or selling of similar items.
A person that violates this subtitle:
For a first offense, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding the greater of $3,000 or 2 times the value of the covered animal species part or product;
For a second or subsequent offense for which the value of the covered animal species part or product in question does not exceed $250, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $6,000; or
For a second or subsequent offense for which the value of the covered animal species part or product in question exceeds $250, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding the greater of $10,000 or 3 times the value of the covered animal species part or product.
If a person is convicted of violating this subtitle, in addition to any other penalty provided in this title, the court may order the person to pay restitution to the State in an amount not exceeding 2 times the value of the covered animal species part or product in question.
Fines and restitution imposed under this section shall be credited to the Department for the benefit of the State Wildlife Management and Protection Fund established under § 10–209 of this title, to be used only for the preservation of threatened or endangered species.
On a conviction under this subtitle, any seized covered animal species part or product:
Shall be forfeited; and
May be:
Maintained by the Department for educational or training purposes;
Donated by the Department to a scientific or educational institution; or
Destroyed.
The Department may adopt regulations to implement this subtitle.