Foundation of the Federal Bar Association Charter Amendments Act of 2025

Summary of Bill S 616: An Act Relative to Ivory and Rhinoceros Horn Trafficking

Purpose and Intent

Bill S 616 aims to strengthen the legal framework in Massachusetts regarding the trafficking of ivory and rhinoceros horn. The legislation seeks to combat illegal wildlife trade by prohibiting the sale, purchase, and possession of these materials, with specific exceptions for educational and scientific purposes. The bill reflects a commitment to wildlife conservation and aligns with broader national and international efforts to protect endangered species.

Key Provisions

The bill introduces a new chapter (Chapter 131C) to the General Laws of Massachusetts, which includes the following key provisions:

Definitions

• Ivory: Refers to tusks or teeth from elephants, mammoths, or mastodons, as well as products containing these materials.
• Rhinoceros Horn: Includes the horn or any derivative of rhinoceros, such as powder.
• Total Value: Defined as the greater of the fair market value or the actual price paid for the ivory or rhinoceros horn.

Prohibitions

• Sales Restrictions: It is illegal to sell, offer for sale, purchase, or possess with intent to sell ivory or rhinoceros horn, with specific exceptions outlined below.
• Prima Facie Evidence: Possession of ivory or rhinoceros horn in retail or wholesale outlets is considered prima facie evidence of intent to sell.

Exceptions

Certain activities are exempt from the prohibitions, including:
1. Government Activities: Law enforcement actions by federal or state agents.
2. Permitted Activities: Actions authorized under federal law.
3. Musical Instruments: Ivory or rhinoceros horn as a fixed component of musical instruments, provided it weighs less than 200 grams and was legally acquired.
4. Antiques: Items over 100 years old that are not primarily made of ivory or rhinoceros horn, also limited to 200 grams.
5. De Minimis Items: Manufactured items containing a small amount of ivory, subject to strict criteria.
6. Educational Institutions: Sales to bona fide educational or scientific institutions, provided the materials were legally acquired before January 1, 1991.

Penalties

Violations of the provisions can result in significant penalties:
- First Offense: Fine up to $4,000 or double the total value of the items, and/or imprisonment for up to 6 months.
- Second Offense: Fine of at least $8,000 or double the total value, and/or imprisonment for up to 18 months.
- Subsequent Offenses: Increased penalties apply for repeated violations.

Affected Parties

The bill primarily affects individuals and businesses involved in the sale or possession of ivory and rhinoceros horn. It also impacts educational and scientific institutions that may require these materials for legitimate purposes.

Procedural Aspects

• Introduced: February 27, 2025
• Current Status: Reported favorably by the committee and referred to the Senate Ways and Means Committee.
• Hearing Scheduled: A hearing is set for October 21, 2025, from 1:00 PM to 5:00 PM.

Conclusion

Bill S 616 represents a proactive approach to wildlife conservation in Massachusetts by addressing the illegal trade of ivory and rhinoceros horn. By establishing clear prohibitions and penalties, the legislation aims to deter trafficking and promote the protection of endangered species.